Birth Injury Lawyers of Texas
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How To Prove A Birth Injury Malpractice Claim?
Texas Birth Injury Lawyers
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Evidence That’s Needed In A Birth Injury Case
New parents typically have high hopes for their little ones, including that they are born in optimal health. However, this dream doesn’t always come true; sometimes a baby suffers from an injury during labor and delivery due to complications present throughout the process. These birth injuries can lead to permanent disabilities which often take both the parent(s) and child by surprise as it was not something they had expected or planned for beforehand.
Although this can be a difficult truth to accept, it is important to remember that the baby is still cherished and desired. There are many sources of support available for the family through their journey of transitioning into a new reality.
During childbirth, a baby may be hurt in any number of ways due to the quality of care they receive. These unfortunate mishaps are known as birth injuries and can range from minor bruising or lacerations to severe medical malpractice cases.
In Order To Establish A Viable Birth Injury Claim, Plaintiffs And Their Attorneys Must Demonstrate The Presence Of All Four Elements Of Medical Malpractice:
1. Duty
Establishing a duty of care with your doctor prior to labor and delivery is essential for receiving the best medical treatment available. It’s up to you, as their patient, to schedule regular visits with them so that they can monitor progress throughout the birthing process. Additionally, ensure that all necessary treatments are administered during labor and childbirth in order to have peace of mind when welcoming your little one into the world.
2. Breach Of Duty
A doctor is responsible for any birth injury that occurs due to a breach of their duty of care. This means it must be proven that the doctor acted in ways deemed unacceptable by professional standards, and another physician would not have made similar decisions leading to the child’s harm. Ultimately, if negligence can be established, then liability will rest with the medical provider.
3. Causation
For a successful medical malpractice case, the plaintiff must demonstrate that their child endured harm due to the doctor’s actions. This involves presenting evidence of how their child was adversely affected and failed to meet certain developmental milestones. Even after establishing that errors were made by the healthcare provider, it must be shown that these mistakes ultimately caused damage in order for a lawsuit to proceed successfully.
4. Damages
If you hope to prevail in a birth injury lawsuit, it is imperative that your evidence reveals the doctor’s actions were the direct cause of harm. You must provide proof demonstrating negligence on behalf of your physician during delivery to have any chance at success.
What Should You Do Next?
When attempting to pursue a medical malpractice claim related to a birth injury, the process can be complicated and confusing. To ensure that you have all of the necessary evidence and to build a strong case on your behalf, it is vital that you enlist help from an experienced medical malpractice attorney who understands how these types of cases are handled. Your legal counsel will guide you through gathering evidence in order to prove negligence in court so that your child receives full financial compensation for their injuries – something they deserve!
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 294-8480
What Damages Are Available In A Texas Birth Injury Case?
If a parent files a birth injury lawsuit on behalf of their young, injured child, the recovered damages typically belong to the infant and are placed in an assigned trust. Further, when pursuing reparations through legal action for your little one’s birth injury case can lead to recovery of:
- Medical costs associated with birth injuries can be staggering and far-reaching. As soon as the injury is sustained, immediate medical expenses are often incurred to treat it; however, what may not be immediately apparent is the potential future financial burdens due to ongoing care that may be required for an extended period of time.
- Should an injury be severe enough to impede the baby’s chance of employment in the future, they can receive compensation for lost wages.
- It’s difficult to accurately quantify pain, suffering, and mental anguish. Nonetheless, the infant is entitled to be remunerated for these damages in relation to their injury.
Texas, like many states, imposes a limit on the amount of non-economic damages that can be collected in lawsuits. These losses include pain and suffering as well as emotional distress which are limited to $250,000 for cases against individual healthcare providers or facilities (after the Donna Morrell v. Mary Finke case). With this cap in place, Texas is taking steps to ensure justice is equitably served when it comes to personal injury claims within its jurisdiction.
How Much Can Victims Of A Birth Injury Claim In Loss Of Consortium Damages?
Loss of consortium is a term used to refer to the damages provided for family members whose relationships have been negatively impacted by severe injuries sustained by another. This legally-recognized concept acknowledges that, due to an injury, families may experience a disruption in their bond and can be compensated accordingly.
In 2003, the Texas Supreme Court delivered a shocking verdict: Parents whose children suffer non-fatal injuries in the state of Texas are no longer eligible to collect damages for loss of consortium. This decision overturned years of historic precedent and took away an important legal right from parents affected by such injuries.
Poor Courtnie Williamson was placed on a respirator that malfunctioned after she was born and didn’t receive oxygen for an extended period of time. To make matters worse, the consulting pediatrician failed to provide her with sodium bicarbonate as recommended by another physician for several hours, if not longer.
After thorough deliberation, the jury found that the consulting pediatrician was liable for 15% of Courtnie’s injuries and thus awarded $75,000 to the Williamsons in damages for loss of consortium. However, much to their dismay, when appealing this ruling in Texas Supreme Court, it was decided that such damages were not applicable if a child had sustained non-fatal wounds.
How Long Do I Have To File A Birth Injury Claim?
The legal phrase “statute of limitations” dictates the amount of time you have to file a lawsuit. If this deadline is overlooked, your case can be dismissed and any chance at recompense for damages lost will evaporate. Don’t let valuable restitution slip away – act quickly and within the statute!
Texan laws limit medical malpractice claims, including those involving birth injuries, to a two-year period.
Exceptions to the statute of limitations are essential and should not be overlooked.
For example, the statute of limitations for filing a medical malpractice claim does not begin when the injury is inflicted, but when it is detected (or should have been revealed).
Find Out If You Have A Birth Injury Case
If your little one has encountered birth injury malpractice, then you could be eligible to receive financial restitution via a specialized legal team. Such resources can help cover the cost of medical treatment and provide security for your family’s future.
Filing a birth injury lawsuit is an opportunity to seek justice for your family. The compensation you receive can assist with the expensive costs of surgery, medication, therapeutic services, and beyond – all of which are necessary expenses due to medical negligence. Your case will help ensure that those responsible are held accountable for their actions.
Don’t wait any longer – act now and receive a free case review to determine if you may be eligible for a birth injury malpractice lawsuit.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 294-8480
Hold A Negligent Medical Professional Responsible Following A Birth Injury Accident
When filing a birth injury case, it is necessary for the plaintiff to prove that the defendant did not follow the appropriate standard of care and that their negligence resulted in harm. To do so, they must provide evidence demonstrating how this breach caused them damages. To show that a medical provider acted negligently in the treatment of an infant or fetus, it must be established that they did not employ the same practices as other professionals in their region when treating those with similar disorders, conditions, and diseases. Taking into account age, background information and any existing health issues is essential to satisfy this criterion.
To prove a medical malpractice case, the plaintiff must first illustrate that proper treatment and care of individuals such as pregnant women and their babies did not meet the established standard of care. Then it must be shown that this breach was directly responsible for any injuries incurred by either or both parties. Common birth-related errors can include mishaps with fetal heart monitors, umbilical cords, and forceps used during delivery.
Is It Really Worth Hiring A Birth Injury Malpractice Law Firm?
Without a doubt, it is essential to have a qualified birth injury malpractice lawyer by your side as you pursue legal action. A seasoned attorney can provide invaluable assistance throughout the entire claims process. Seeking legal assistance from a medical malpractice lawyer is the essential first step in pursuing your right to compensation. They can help you assemble evidence, measure your losses, contact witnesses and specialists who may have information pertinent to your case, as well as complete other necessary tasks that are vital for an effective lawsuit claim.
At Birth Injury Lawyers Texas, we understand the financial burden that medical malpractice victims may experience when filing a lawsuit. To ease this worry for our clients, we offer a no-win, no-fee arrangement – so you don’t have to pay us any legal fees unless your case is won! Rest assured knowing that as you pursue justice and seek compensation for damages caused by negligence, there are no out-of-pocket costs required from you.
Do not hesitate to contact our team of medical malpractice birth injury lawyers today! We offer complimentary initial consultations, so you will know precisely what to anticipate before making an informed decision. Let’s talk about your case and explore the legal remedies that can be taken by our experienced attorneys to help you achieve justice.
The Time to Act is Now
Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.
We will fight to get the maximum compensation owed to you for your injuries and losses.
Complete The Form Or Call – (888) 294-8480
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