The birth of a baby is a highly anticipated and celebrated event. Unfortunately, preventable mistakes during childbirth can lead to devastating consequences, impacting families for a lifetime. You may be entitled to financial compensation if your child has suffered a birth injury due to a medical provider’s negligence.
Our lawyers at the Birth Injury Lawyers Group are committed to advocating for your rights and seeking justice for you and your baby. We are here to hold doctors and hospitals accountable for the harm they inflicted on your child. Call today or fill out the online contact form to learn how one of our Texas birth injury attorneys can assist you in pursuing justice.
For a free legal consultation, call 1-800-222-9529
What to Do in the Event of a Birth Injury
If you suspect your child was harmed by medical malpractice, we advise you to write down every detail you can remember surrounding the incident. This includes the names of your caregivers and the timeline before, during, and after delivery. Trust your gut: If something seems off to you, it’s worth discussing with a birth injury lawyer.
Any evidence you have could help your attorney in your medical malpractice case. While a lawyer can investigate your case independently, your chances of winning hinge on any evidence you can present. Writing down names, taking pictures, and possibly even recording conversations may be critical if your child was injured during birth.
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Common Types of Birth Injuries
While birth injuries can take many forms, certain hallmark evidence could mean you were the victim of medical negligence. For example, oxygen deprivation, a lack of blood flow, and the misuse of equipment could all be tied to malpractice as the root cause.
Common injuries sustained during or shortly after birth include:
- Brain injuries
- Broken bones
- Skull fractures
- Spinal cord injuries
- Intracranial hemorrhages
- Brachial plexus injuries
- Cerebral palsy
- Erb’s palsy
- Nerve damage
Injuries sustained during childbirth often involve brain damage and can have long-lasting effects. Some children injured during delivery must use wheelchairs and undergo expensive treatments for the rest of their lives. However, you shouldn’t have to worry about the cost of keeping your child comfortable and safe.
What Damages Can You Recover for a Medical Malpractice Case in Texas?
Victims of malpractice may be able to receive payment for the damages that negligent medical professionals caused. When you sit down for your free initial consultation with one of our birth injury attorneys in Texas, they will listen to your case and tell you what kinds of compensation you might expect.
Every case is unique; however, you could recover damages for numerous expenses, including:
- Special equipment, like wheelchairs or leg braces
- Accessibility modifications to your house or vehicle
- Ongoing medical care and physical therapy
- Other necessary interventions
- Medical bills
- Pain and suffering
- Emotional distress
- Wrongful death
Damages in these cases can be either economic or non-economic. That means some are financial costs you have had to pay, and others are damages to your quality of life that are difficult to quantify. Early intervention can improve your child’s future, but you shouldn’t have to shoulder the financial burden of these therapies.
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The Importance of Early Intervention After a Birth Injury
Early intervention can take many forms, depending on your child’s needs. For example, it may involve physical therapy to help your child build strength and improve mobility, occupational therapy to help with activities of daily living, speech therapy to address communication difficulties, or psychological counseling to help with emotional and behavioral issues.
There are several benefits of early intervention. For example, early physical therapy can help prevent muscle weakness and joint stiffness from becoming more severe, while early speech therapy can improve your child’s communication skills and social interactions.
Additionally, early intervention can help identify any underlying medical conditions or developmental delays, allowing for prompt treatment and management.
It’s important to note that early intervention is not a one-size-fits-all approach. Each child’s needs are unique, and their treatment plan should be tailored to their circumstances. This may require a team of specialists, including doctors, therapists, and educators, who work together to provide comprehensive care for your child.
A Lawyer Can Help
If you suspect your child has suffered a birth injury, don’t wait to seek compensation. The sooner your child receives appropriate intervention, the better their chances of achieving their full potential.
A qualified attorney can help you navigate your case’s legal and medical complexities and ensure your child receives the necessary care and support.
What is the Statute of Limitations for Birth Injury Claims in Texas?
Time is of the essence in a birth injury case because there’s a deadline for filing a personal injury or medical malpractice claim. The statute of limitations for this kind of case is 10 years, according to Texas Civil Practice and Remedies Code Ann. § 74.251.
Barring extenuating circumstances, if you try to file a birth injury lawsuit more than ten years after the incident, there’s a good chance that your claim will be denied.
While 10 years might seem like a long time, those years will fly by faster than you think. It’s best to contact a lawyer as soon as possible so they can get to work investigating your case. If you wait too long, gathering evidence of negligence will be much harder.
What a Qualified Lawyer Can Do for Your Case
After your baby sustains a catastrophic injury, you might be left reeling, wondering what to do next. A personal injury lawyer who has helped people in similar situations can help you through the healing process. When you hire one of our lawyers, they will:
Provide Legal Advice
Families whose children were hurt at birth can get a free evaluation of their case from one of our compassionate attorneys. We understand this can be a difficult and emotional time for you and your family. So, we offer a free consultation to discuss your case and help you understand your legal options.
During the consultation, one of our lawyers will listen to your concerns and answer any questions you may have. They will also provide honest and straightforward advice on how to proceed. We aim to help you make informed decisions about your child’s future and provide the support you need during this challenging time.
To get a fair settlement, an attorney must first show that you and your child were the victims of negligent medical professionals. To do that, they will gather evidence, including:
- Medical records
- Witness statements
- Expert witness statements
- Photo or video evidence
- Official documents
Calculate Your Damages
To show how much compensation you deserve for your ordeal, your lawyer will help calculate your damages. This will include bills you’ve already paid and expenses you will have to pay in the future.
To do this, they will examine your medical bills, lost wages, and other ways your child’s condition has affected your life. Your attorney will also consider non-economic damages like physical pain and mental anguish.
Negotiate With the Insurance Company
Insurance companies want to make a profit, so they will use any means necessary to reduce the money they pay you. Unfortunately, that could mean tricking and lowballing you. Having an attorney by your side will help deter them from trying to reduce your settlement.
Our personal injury lawyers know how to avoid the pitfalls of negotiating with the insurance company. They will work tirelessly to ensure you aren’t taken advantage of.
Fight for You in Court
Most malpractice cases are settled out of court between you and the insurance company. However, if either party doesn’t agree on a settlement, your case will go to trial.
In the unlikely event that that occurs, your lawyer will be there throughout your medical malpractice lawsuit. Your attorney will fight for you in court to get you fair compensation.
Early intervention can be critical to your child’s future development and well-being after a birth injury. Unfortunately, birth injuries can have long-term consequences that may affect your child’s physical, cognitive, and emotional development. However, with prompt and appropriate intervention, your child may be able to overcome some of the challenges associated with their injury.
Talk to a Birth Injury Attorney in Texas Today
We know how devastating an injury during birth can be. Dealing with medical bills and lost work on top of the other repercussions of your child’s injury can be overwhelming. While no amount of money can undo what has happened, financial compensation could mean starting a new chapter in your life and managing the aftermath appropriately.
Birth Injury Lawyers Group is committed to helping families get justice and the medical treatment and early interventions their child needs. Our Texas birth injury lawyers are well-equipped to handle your case and offer legal representation on a contingency basis.
Contact us today to schedule a free, no-obligation consultation.