Most infant bone fractures are preventable if a doctor takes proper precautions, but some doctors fail to do so. Long labor or a doctor’s misuse of tools can break infant’s bones. If your newborn suffered a broken bone while you were giving birth or shortly afterward, our Dallas birth injury lawyers can help you.
We will help you get answers about what happened to your baby and hold whoever broke your baby’s bones liable for their pain and medical care. With one call to the Birth Injury Lawyers Group, we will begin a free case evaluation to see if you have a malpractice case.
Signs Your Baby May Have a Broken Bone
Broken bones in babies can be quite subtle. Since baby bones are very flexible, the break may not go all the way through the bone. Some signs your baby may have a broken bone include:
- Bones that are out of place
- Abnormal limb angles
- Lack of movement in specific parts of the body
- Obvious swelling
- Tenderness near the break when touched
A visual exam by a doctor or medical imaging can confirm whether your baby suffered a broken bone. Once you have a diagnosis, the next question is what caused the fracture. If you believe a medical professional caused it, it’s time to speak with a Dallas birth injury attorney with experience in broken bone cases.
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How Do I Win Compensation for My Baby?
First, speak with an infant broken bone attorney to see if they believe your case qualifies as malpractice. Not all broken bones are caused by medical malpractice, and it is difficult to sue a doctor successfully without experienced legal help on your side.
If we believe you have a case, there are four things we must prove to win:
- Did the person or institution you’re suing have a medical relationship with your baby?
- Did they breach the standards of practice for their profession and create a dangerous situation?
- Did that breach cause your child’s broken bone?
- How has your baby and family suffered because of it, whether financially, physically, or emotionally?
The standards of practice are guidelines for different medical situations created by doctors to help other doctors know which actions are reasonable. Breaking these guidelines puts doctors at risk for potential malpractice. Many of our cases use expert testimony from other doctors to explain how these rules were broken.
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Causes for Infant Broken Bones
How can a child’s bone get broken during labor? There are a few ways. A doctor may pull or tug too hard on a baby caught on the mother’s pelvis. They may also use forceps to guide the baby out but use too much force.
Another risk factor is birth defects. A missed diagnosis of a broken bone in the womb or brittle bones (osteogenesis imperfecta) can put your baby at risk for broken bones. If another method of delivery, like a c-section, could have prevented the fracture, your doctor may be liable.
The most common broken bones in infants are the collarbone, the upper leg, and the upper arm, but any bone could get broken. Forceps deliveries that are too rough could crack the skull and create brain bleeding, a dangerous situation.
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Treating Broken Bones in Infants
The “good” part about infant broken bones is that they heal quickly and without problems with proper medical attention. However, that speedy healing can also be a hindrance if your doctor doesn’t diagnose and treat it in time.
If it heals on its own and the bones are not aligned properly, it can create mobility problems and pain as your baby grows. Fixing the problem may require surgery and a long recovery period. It’s much better for your baby if it’s caught early. A split or a small cast may be all that’s needed.
If you suspect your infant’s fracture went undiagnosed and the bones healed incorrectly, Call our infant broken bones attorneys in Dallas to see if you have a case. Malalignment can create lifelong deformities and impairment if it is not corrected.
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How Else Will a Broken Bone Lawyer Help Me?
Lawyers do more than confirm you have a case and help you get compensation. They are a shield against the stresses of pursuing a malpractice claim. Here are a few of the other things we will help you with as your lawyer:
- Handle all communication between you, the defendant, and their insurer so you can focus on caring for your baby.
- Calculate an accurate value of your case, not the one an insurer will try to get you to take. We will also evaluate settlement offers to see if they’re fair.
- Comply with all legal requirements for communication, filing cases, and more.
- Take your case to trial if we cannot reach a settlement
- Keep you informed of everything that’s happening in your case.
- Give you legal advice to avoid pitfalls that could put your accident claim at risk
Malpractice insurers have lawyers working for them around the clock to deny claims. Why should they get to have all the advantages? Help your child get the care they need after a broken bone by working with a Dallas infant broken bones lawyer.
Are There Any Caps on Damages in Texas for Malpractice?
Yes, there are. Damages can be economic, non-economic, or punitive. Texas law states that, for malpractice where the patient lives, there are no caps for economic damages like medical bills, lost wages for taking time off to care for your child, and similar costs created by your child’s injury.
Non-economic damages, like pain and suffering, are capped. Each sued institution or doctor can be liable for up to $250,000 in non-economic damages, with a maximum of $500,000. Punitive damages are unlikely since they are rare and usually awarded in fatal cases.
In the unlikely event that your child’s broken bone led to their death, there can be additional caps on the economic damages.
Get Answers From Experienced Birth Injury Attorneys
If you suspect your newborn broke a bone soon after birth, get the break confirmed by a doctor and then contact the Birth Injury Lawyers Group. A Dallas infant broken bones attorney can tell you if malpractice caused the break and if you may be owed compensation.
To get a free case evaluation, call us at the number on your screen or email our office to schedule. Our attorneys work on contingency, so you will owe us nothing for our help unless you win your case. Get answers for what happened by calling today.
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