A doctor tells you that your newborn has suffered a serious injury, one that could affect them for the rest of their life. What can you do to help them? Could your doctor have prevented it with better medical care? Our birth injury attorneys in Dallas can tell you.
Medical malpractice may be at the root of your child’s birth injury. If so, we can help you sue your medical team to pay for your child’s medical care. Early treatment of birth injuries can improve a child’s life so much. Find out if your case qualifies with one phone call to The Birth Injury Lawyers Group.
For a free legal consultation, call 1-800-222-9529
Birth Injury Cases are Medical Malpractice Cases
Birth injury cases are a particular type of medical malpractice case that focuses on injuries to newborns before, during, and soon after birth. This time is one of the most delicate for new life. Doctors must take great care to make sure nothing happens to the baby.
Not all birth injuries are caused by malpractice, but there’s no way for you to tell. A doctor might say they did everything they could to help your baby, but without a second opinion, you have no way of knowing for sure.
When you work with a birth injury lawyer, we will help you get answers about what happened to your baby. The doctor may be right, and there was nothing to be done, but if we catch that they broke the standards of care, we can hold them accountable and get you compensated for what happened.
Birth Injury Lawyer Near Me 1-800-222-9529
Why You Need a Dallas Birth Injury Lawyer
Making a claim with a malpractice insurer is not the same as making one with an auto insurer. They demand far more information and throw up all kinds of legal roadblocks to keep you from getting compensation. Fighting the insurer and caring for your baby at the same time is a recipe for disaster.
Birth Injury Lawyers Group can help you take on the malpractice insurers and prove you have a case. We’ve helped families get over $750,000,000 in compensation from medical professionals who didn’t take care when they were caring for babies.
Also, by hiring a lawyer to help you, you show the insurance companies you mean business. Our lawyers are comfortable in the courtroom and will take your case all the way to a judge and jury if the insurers don’t give you and your baby the settlement you deserve.
How Do I Win My Birth Injury Case?
To prove a doctor committed negligence against your baby, we must prove four things to the insurers and/or the court:
- Did the person you’re suing have a medical relationship with your baby?
- Did they violate the standards of care and put your baby at risk for injury?
- Did that breach of standards cause your baby to come to harm?
- How was your baby harmed, and what other consequences has that caused for your family?
Medical malpractice cases for babies can easily reach six or seven figures in settlements, and insurers have done a lot of work to make it hard for victims to collect. Doctors have a lot of legal leeway in how they practice medicine because it’s not a perfect science.
Not all birth injuries are caused by malpractice, but we have the experience and medical expert access you need to get answers about what happened to your baby. Contact our birth injury lawyers in Dallas to determine if malpractice caused your baby’s injuries.
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What Kinds of Cases Do You Take?
Birth Injury Lawyers Group pursues medical malpractice cases against doctors and hospitals who have harmed newborns. Birth injuries can happen before birth, during, and in the hours afterward while they’re still in the hospital.
Most parents turn to a birth injury attorney when the costs of harm to their baby exceed their health insurance coverage. Getting proper medical care for babies with severe birth injuries can be incredibly expensive.
Some of the more common birth injuries we see in our offices include:
- Cerebral palsy
- Birth asphyxia
- Hypoxic-ischemic Encephalopathy
- Brain bleeding
- Erb’s Palsy
The important part is not the kind of injury but whether someone’s negligence caused it. Even if your case is small, a successful malpractice lawsuit will be on the defendant’s record and could help another family avoid a similar situation.
Laws in Texas Regarding Medical Malpractice
There is a limit to the amount of non-economic damages you can receive in your case. This is compensation for pain and suffering, loss of enjoyment of life, and similar harms done to you that aren’t tied to a dollar amount. The limit is $500,000 per claimant and $250,000 per sued individual.
You have until your child’s 10th birthday to sue on their behalf if they were injured at birth. This is the maximum time to bring forth a medical malpractice lawsuit set by the statute of repose in Texas law. We encourage you to speak with a birth injury attorney in Dallas as soon as possible after your child is diagnosed with an injury.
Texas also requires the testimony of a medical expert before allowing a medical malpractice case to go to trial. Our lawyers have access to these. They will examine your child’s medical records and give testimony about what went wrong and what the doctor should have done instead to avoid the injury.
Birth Injuries Are More Expensive Than You Think
Birth injuries are more expensive than you think, so you should never accept a settlement offer from a malpractice insurer at face value. Texas law requires us to notify defendants of pending medical malpractice cases, so they may try to settle early with you.
It’s almost certain that they are trying to give you a lowball offer because once you accept money in a settlement, you cannot get more later. This will leave you on the hook for future medical bills for your baby.
If you receive an offer to settle from a malpractice insurer, do not accept it before first speaking with a birth injury lawyer. Also, do not agree to sign any paperwork from an insurer before we examine it. You could sign away certain rights, like the right to a trial.
Seek Justice for Your Baby With Birth Injury Lawyers Group
It may seem too difficult to fight against a medical practitioner who harmed your baby, but we make it possible. We have Dallas birth injury attorneys ready to take your case. Learn if you have one by getting a free case evaluation and consultation.
All of our lawyers work on contingency, so you won’t owe us anything unless you win your claim. The sooner you start, the sooner you can learn if you have a case. Call or email us today and get started.