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Del Rio: Who can be Sued in a Medical Malpractice Suit?

Carabin & Shaw Del Rio medical negligence attorney are ready to represent you if your loved one has been the victim of a birth injury. To get started we’ve answered some of the most frequently asked questions about Del Rio medical malpractice.

What is Medical Malpractice?

Medical malpractice is when your doctor or healthcare provider, or a hospital or facility causes injury to you as their patient. Our attorneys at Carabin & Shaw law offices in Del Rio, Texas are experts in interpreting and applying medical malpractice law and determining who can be sued in a medical malpractice suit.

If the Injury is an Accident Can it Still be Considered Medical Malpractice?

Yes; the courts consider negligence, acts of commission and acts of omission culpable. Negligence is the failure to provide care that is considered to be the accepted medical standard of care within the medical community. There is also the act of commission which is when the medical provider chooses a course of action that should not have been taken, such as use of Pitocin to induce labor when the mother is not overdue or there are no threatening health reasons to cause the baby to be born sooner than the expected due date. Omission is the failure to take action or do what should be done; an example is allowing the mother to labor longer than would be considered reasonable standard of practice. If you feel your loved ones have been injured as a result of medical malpractice our attorneys are standing by to offer expert guidance. Call us now at 800-862-1260.

Is There Such a Thing as Common Birth Injuries?

Sadly yes, there are injuries that occur during the birthing process, and there are those injuries that occur far too often and often as a result of negligence; these injuries are termed common birth injuries. No injury should be considered common, call us today to meet with one of our attorneys who will fight to obtain justice for your loved one.

If Common, Does This Mean the Physician is not Liable for the Injury?

No, while certain injuries may be more common than others, this does not mean that the physician is not liable for the harm caused to you. Your provider may have been negligent, failed to take action (omission) or took action that was not considered the expected standard of practice (commission) by the medical community. At our Carabin & Shaw Del Rio office our attorneys will work with you; we will hold accountable everyone involved who can be sued in a medical malpractice suit.

What is Erb’s Palsy?

Erb’s Palsy is when the nerves to a baby’s upper arm are pinched off and the babe suffers loss of feeling and/or use of their arm. This is a painful and horrible way for your little one to enter into life. Call us today for a free consultation, let us help you hold those responsible for your baby’s suffering accountable. We can be reached anytime at 800-862-1260.

What Causes Erb’s Palsy?

Erb’s Palsy is often caused when the infant is lodged in the birth canal and the physician pulls too hard during delivery. The brachial plexus is damaged and results in the nerves to the babe’s arm being injured.

Who is Liable for Injuries During my Baby’s Birth, the Physician or the Hospital or Both?

Usually physicians are independent of the facility; however, if the physician is employed by the hospital there are different set of laws to consider. If your injury is a result of a hospital employee then you may be able to sue the employee and the hospital. Contact our Del Rio Personal Injury attorney to learn who can be sued in a medical malpractice suit.

I thought Cerebral Palsy was hereditary; How Can it be Caused During the Birthing Process?

Cerebral Palsy can be caused during the birthing process; it is caused by an injury to the brain, such as when the infant’s brain is deprived of oxygen. Other causes can include an untreated infection in the mother, infection in the infant, a prolapsed umbilical cord, incorrect use of birthing instruments such as forceps.

Your child should not start their life traumatized and in pain because of another’s negligence. If you live in the Del Rio area, call us today for a free consultation. Our experienced attorneys are available 7 days a week, 24 hours a day online or by phone at 800-862-1260. We look forward to helping you!

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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