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When you choose a doctor to guide you through the birthing process, you are trusting that they are utilizing their years of training and experience when it is time to deliver your baby. However, when they fail to monitor you properly, you and your child are put at risk of a birthing injury such as a uterine rupture. Uterine rupture occurs during childbirth when the wall of the mother’s uterus tears. This poses significant risks to both the mother and the baby.
Nobody should have to pay the physical or financial price of their trusted doctor’s reckless and preventable behavior. If you or your child have fallen victim to medical malpractice and are currently navigating the aftermath of a birth injury, look no further than the team at Davis & Davis. For many years now, we have dedicated our careers to the medical malpractice cases of our local community and would love to do the same for you today.
When Is a Uterine Rupture a Result of Medical Malpractice?
While a uterine rupture can naturally occur due to factors such as a previous cesarean section or labor-inducing drugs, it can also be a direct result of medical malpractice. When your healthcare professionals fail to properly monitor you and your child throughout the birthing process, do not accurately identify risk factors, make incorrect decisions, or employ improper techniques during delivery, you can hold them accountable for their negligence.
More specifically, instances of medical malpractice related to uterine rupture include the failure to recognize the complication in pregnancies with known risk factors, such as a history of uterine surgery or the misuse of drugs to induce labor. In such cases, the negligence of the healthcare provider can be grounds for a medical malpractice claim.
How is Fault Established in a Medical Malpractice Case?
When it comes to filing a claim with the negligent party’s insurance company, your Houston, TX uterine rupture attorney will help you establish fault. As the victim of medical malpractice, you are charged with the burden of proof. This means your uterine rupture attorney in Houston will help you collect and assess any potentially relevant evidence to be used as evidence to establish the following components of negligence have occurred:
- Standard of care: The liable party was responsible for helping you through the birthing process and owed you a standard of care.
- Breach of care: They breached this duty by acting negligently.
- Causation or link: This negligence directly caused the doctor to miss something vital.
- Damages: You or your child were injured.
Relevant evidence for a uterine rupture birthing injury can include medical records, eyewitness accounts from other personnel, medical test results, and a certificate of merit.
What Type of Damages Are You Entitled to After Your Uterine Rupture?
After the uterine rupture, the insurance company may try to reach out with a settlement offer. The immediate relief can be tempting, but it’s important to remember the insurance company is not your friend and it will not likely cover the full extent of your losses.
Birth injuries like uterine ruptures can have long-lasting and costly consequences that will impact you and your family’s lives in a serious manner. Our team of knowledgeable uterine rupture attorneys is here to help you assess and calculate these losses. Examples of compensation available to victims of medical malpractice in Texas include the following:
- Pain and suffering
- Past, present, and future medical bills
- Lost wages from missed work or the inability to work
- Loss of earning capacity
- Assistive medical devices
- Home assistive care or treatment
- Emotional distress
- Reduced quality of life
- Disability
If your accident is found to be the result of gross negligence or a wanton disregard for your family’s safety, your uterine rupture attorney in Houston can help explain and file for punitive damages.
Injured by a Trusted Healthcare Professional? We Can Help Today
Navigating the aftermath of a birth marked by a uterine rupture injury can be emotionally and physically taxing. Unfortunately, instances of negligence and improper care can lead to devastating consequences. The dedicated Houston, TX uterine rupture lawyers at Davis & Davis, located in Houston, Texas, stand ready to champion your rights and manage every detail of your claim, allowing you the space to focus on recovery and healing.
With decades of experience, we possess the expertise and determination to tackle even the most complex uterine rupture injury cases. We are unyielding in our pursuit of justice and the compensation you rightfully deserve. To initiate the journey towards justice, schedule a complimentary consultation today by completing our online contact form or calling us at (888) 522-9444.
