Did your child suffer injuries before, during, or shortly after birth due to a healthcare provider’s negligence? Birth-related injuries can have lifelong consequences for children and parents alike. In turn, they might require your child to undergo long-term medical care.
Not only are situations like this financially draining, but they can be emotionally distressing, mentally taxing, and legally confusing. However, you’re not alone in this. Instead, let a birth injury lawyer in Arlington represent you and yours.
At Birth Injury Lawyers Group, we’re here to represent you in your fight for justice. Since 2003, we‘ve recovered over $750 million in compensation for people in situations similar to yours. As your Texas birth injury lawyer, we’re here to pursue compensation on your behalf.
Legal Definitions and Statutory Framework
In Texas, birth injury cases fall under medical malpractice laws. A birth injury qualifies as medical malpractice when a healthcare provider deviates from accepted standards of care and causes harm as a result.
Texas defines a healthcare provider broadly, including physicians, nurses, hospitals, midwives, and obstetric staff. As in other jurisdictions, professional medical testimonies are required to establish the standard of care, breach, and causation in these cases.
Unlike some states, Texas does not recognize wrongful birth or wrongful life claims. Instead, the focus is strictly on negligence that resulted in injury to the child. Parents who are filing a medical malpractice claim on behalf of a minor child often have two years to take legal action:
- From the date of the incident
- From when the injury was discovered
- From the time the injury reasonably should have been discovered
This statute of limitations is intended to account for situations where the harm is not immediately apparent. Claims made for the minor child themselves are subject to a statute of repose.
These must be filed no later than the child’s 10th birthday or within 10 years of the negligent act. It all depends on which of the two comes first. Either way, this imposes a hard deadline that the discovery rule cannot extend.
In cases involving wrongful death, families must file claims within two years of the date the injury occurred or when the death took place. Missing these deadlines can result in the case being dismissed, so prompt legal action by an Arlington birth injury attorney is a must.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Caps on Damages
Texas state laws place specific limits on the amount of compensation plaintiffs can recover in certain categories of damages. These caps are especially important in medical malpractice and birth injury cases.
Non-Economic Damages
Non-economic damages refer to compensation for pain and suffering, emotional distress, and other intangible harms. In Texas, these damages are capped at:
- $250,000 per individual healthcare provider, such as a physician
- $250,000 per healthcare institution, with a total cap of $500,000 across all institutions
If multiple providers and institutions are involved in the case, the combined maximum recovery for non-economic damages is capped at $750,000.
Economic Damages
There are no statutory caps on economic damages in Texas medical malpractice cases. This means victims can recover the full cost of past and future medical care, therapy, assistive devices, lost earnings, and other related expenses.
Punitive Damages
Punitive damages in Texas are intended to punish particularly egregious conduct. These damages are capped at the greater of either $200,000 or twice the amount of economic damages plus the amount of non-economic damages, not to exceed $750,000 in total.
Arlington Birth Injury Lawyer Near Me (800) 222-9529
Common Types of Birth Injuries
Birth injuries can take many forms, depending on the circumstances of labor and delivery. In Texas, common injuries include:
Cerebral Palsy or Hypoxic-Ischemic Encephalopathy (HIE)
These can result from oxygen deprivation, delays in performing a C-section, or improper handling during delivery.
Erb’s Palsy or Brachial Plexus Injuries
These are usually caused by excessive force during shoulder dystocia.
Clavicle and Bone Fractures, Spinal Cord Injuries, and Neonatal Strokes
These are additional examples of delivery-related trauma. Now, to pursue a successful claim, testimonies from professionals are usually required to show how a healthcare provider’s negligence caused or worsened the injury.
"We know first-hand what you are going through."
Comparative Fault and Liability That Your Arlington Birth Injury Lawyers Will Handle on Your Behalf
Texas follows a modified comparative negligence rule. If the injured party shares some responsibility—such as failing to seek timely care or declining recommended monitoring—their compensation may be reduced accordingly.
However, if they are found to be more than 50% at fault, they cannot recover damages at all. That said, comparative fault is rarely a major issue in birth injury cases. These cases typically center on the conduct of healthcare providers and facilities.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Call Our Arlington Birth Injury Law Firm Today
When medical professionals fail to meet the standard of care during childbirth, the impact can be life-changing. If your child suffered a preventable birth injury as a result of negligence, Arlington birth injury attorneys can take action on your behalf.
At Birth Injury Lawyers Group, we understand the pain and uncertainty you’re facing. That’s why we’re here to help. You can count on our birth injury attorneys in Arlington to investigate what happened and work toward the financial recovery your family deserves.
"We are committed to helping families who have suffered medical negligence."