Parents should never have to fear that a doctor will cause their child to suffer a severe injury. Unfortunately, a moment of negligence by a doctor can result in a newborn suffering a severe posterior cord injury or possibly worse. In some cases, there may be multiple parties that are liable for the injury to a newborn. If your child was the victim of a posterior cord injury, consult with an experienced Dallas posterior cord injury lawyer.
The Queenan Law Firm, P.C. understands the pain and burden faced by parents that learn their child suffered a birth injury, and we are here for you. Our firm has litigated a variety of birth injury cases, and we would be proud to work with you. To schedule a free legal consultation to address your potential case, contact the Queenan Law Firm, P.C. at (817) 476-1797. You can also contact the firm online.
Common Causes of Posterior Cord Injuries in Dallas, TX
The posterior cord is a section of nerves that are a part of the bundle of nerves that make up the brachial plexus. The brachial plexus controls the movement and sensation in a person’s arm and hands. If damage to an infant’s brachial plexus occurs during childbirth, the newborn could suffer long-term or even permanent brain damage.
There are a number of ways that a brachial plexus injury may occur. If a doctor does not take precautions to prevent a brachial plexus injury, they could be held liable for the injury to the child.
Misuse of Birthing Instruments
To assist in the birth of a child, a doctor may utilize a birth-assisting instrument. There are two types of birthing instruments that are commonly used, forceps and vacuum extractors. Forceps are tong-like instruments that are used to latch onto the head of the child to pull them from the birth canal. Vacuum extractors are also used in a similar way to help extract the child from the birth canal.
If a doctor does not correctly attach a birth-assisting instrument or uses excessive force, they could cause a newborn to suffer a serious posterior cord injury.
Cephalopelvic disproportion is a condition that occurs when an infant cannot safely pass through the birth canal because the mother’s pelvis is too small. Alternatively, cephalopelvic disproportion can also be an issue if a child is larger than average. That is why it is vital for doctors to recognize when a mother is experiencing this condition to avoid the possibility of injuring a child during birth.
If a child becomes stuck in the birth canal due to cephalopelvic disproportion, they could suffer an injury to their posterior cord that could lead to many other medical issues. A doctor should consider alternative options to deliver the child, like suggesting a cesarean section.
Using Excessive Force to Deliver a Child
Whether a doctor decides to use birth-assisting instruments or not, it is important that they do not use excessive force when delivering a child. If a doctor pulls too hard on a newborn’s arms when trying to extract them from the womb, this could easily result in a brachial plexus injury.
There are many other causes of posterior cord injuries that are not discussed above. To learn more about filing a medical malpractice lawsuit against the doctor that caused your child’s posterior cord injury, continue reading and speak with an experienced Dallas medical malpractice attorney.
Statute of Limitations on Posterior Cord Injury Lawsuits in Dallas, TX
If your child was a victim of a posterior cord injury in Dallas, our firm could help you pursue compensation for the child’s injuries. Potential plaintiffs should be aware that their case is subject to the statute of limitations. The statute of limitations determines the amount of time that a claimant has to file a case with a court of law. The filing deadline may change depending on the circumstances of the case and the type of case a person wants to file.
In Texas, the statute of limitations for a medical malpractice lawsuit is two years from the date of the malpractice. This date can change if a plaintiff is unsure of when the malpractice occurred.
Additionally, the statute of limitations can change when a person is filing on behalf of a minor. Specifically, if you wish to file a medical malpractice case against a doctor while your child is still a minor under the age of 12, the lawsuit must be filed by their 14th birthday.
If a plaintiff does not file their medical malpractice claim within two years, they risk having the court bar their claim. This is possible if a defendant successfully moves to dismiss the case due to a violation of the statute of limitations. The plaintiff’s case will be dismissed with prejudice, meaning they will be unable to file their case again. Under these circumstances, a parent of an injured newborn may not have other options to seek compensation for their child’s injuries.
Work with Our Committed Dallas Posterior Cord Injury Attorney Today
If your child suffered a brachial plexus injury, you should speak with an experienced Dallas posterior cord injury lawyer. At the Queenan Law Firm, P.C., we are committed to providing our clients with the unique legal representation they deserve to manage their medical malpractice claim. You do not have to pursue compensation for your child’s injuries alone; contact the Queenan Law Firm, P.C., at (817) 476-1797 to schedule your free consultation. You may also contact our firm online.