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Having a baby should be an exciting and joyous time in your life. Typically, births happen without incident, but occasionally, the baby or mother may suffer injuries due to medical malpractice. Birth injuries are often preventable and result from a medical professional or provider neglecting their duty to care for the mother and child. If this is the case for you, you deserve top-tier representation that will seek justice and hold the liable party accountable.
Our compassionate Houston, Texas birth injury lawyers at Davis & Davis understand the trauma and emotions you may feel after suffering a birth injury. Therefore, our Houston, Texas birth injury attorneys handle every aspect of your claim so you can focus on recovery. With over 70 years of combined experience, you can rely on us to take on your claim, regardless of the circumstances. Furthermore, our dedicated team works closely with you to develop a customized plan based on your needs, significantly improving your chance of achieving maximum compensation.
Understanding When a Birth Injury Qualifies as Medical Malpractice
In essence, a birth injury becomes a case of medical malpractice when it results from a healthcare provider’s failure to adhere to the established standard of care during the birthing process. This negligence can manifest in various forms, such as failing to monitor fetal distress accurately, improper use of birthing tools, or not performing a necessary cesarean section in a timely manner.
The consequences of such oversights can lead to severe and long-lasting health issues for the child, including brain injuries, cerebral palsy, nerve damage, and more. For affected families, recognizing these incidents as potential medical malpractice is the first step towards seeking justice and compensation for the suffering and financial burdens that may follow.
Enlisting the help of a birth injury lawyer is pivotal in navigating the complex landscape of medical malpractice claims. A knowledgeable legal team, like the one at Davis & Davis, brings a comprehensive understanding of the medical and legal intricacies involved. From gathering crucial evidence to calculating the comprehensive impact of injuries on the child’s and family’s lives, a skilled Houston, Texas birth injury lawyer provides indispensable support. This legal assistance is not just about securing financial compensation; it’s also about holding negligent parties accountable.
Birth Injuries Following Fetal Distress
Birth injuries resulting from fetal distress are an unfortunate reality countless families face each year. Fetal distress can lead to long-lasting complications, ranging from oxygen deprivation to physical trauma. This is a complex medical situation requiring immediate and proficient care. Unfortunately, when medical professionals fail to adequately monitor and respond to signs of fetal distress, the consequences can be devastating. Specific examples of birth injuries to the child can include:
- Umbilical cord compression
- Brain injury
- Cerebral palsy
- Facial paralysis
- Fractures in the shoulders or neck
- Swelling of the brain or scalp
- Nerve damage
In these instances, legal action may be necessary to address the consequences of medical negligence. Families affected by birth injuries due to fetal distress have the right to seek justice and compensation for their suffering. In these challenging times, compassionate and competent legal representation can make a significant difference in achieving a fair and just outcome.
Steps to Take After You Suspect Medical Malpractice Has Occurred
When you suspect medical malpractice has occurred during childbirth, taking immediate and appropriate steps is critical for your case. The first and most crucial step is to secure medical care for the mother and child to address any injuries or complications resulting from the suspected malpractice. This not only ensures the well-being of those affected but also provides documentation of the injuries and treatments, which can be vital evidence. After ensuring medical needs are addressed, the next step is to gather all relevant medical records, including those from prenatal visits, the birth itself, and any postnatal care.
Once you have addressed immediate medical concerns and started collecting documentation, contacting a seasoned birth injury lawyer should be your next course of action.
How a Birth Injury Lawyer in Houston, TX Can Help Your Case
Birth injury claims can be complicated and time-consuming, so we take the stress off your plate and handle every aspect of the process. While every case is different and requires unique strategies, claims typically involve the following elements:
Proving Fault
If a medical professional’s negligence caused your baby’s birth injury, you carry the burden of proof. This means your claim must contain evidence proving the following:
- The liable party was responsible for helping you through the birthing process and owed you a standard of care.
- They breached this duty by acting negligently.
- This negligence directly caused your or your child’s birth injury.
- Your injuries resulted in damages.
Our Houston, Texas birth injury attorneys can help you collect and analyze the information you need to prove these points, including medical records, witness testimony, test results, and video footage. We also help you get a certificate of merit, which is testimony from a medical professional that provides insight into the injuries and their potential cause.
Filing Your Claim
In addition to handling your claim efficiently and effectively, working with us also ensures you meet Texas law’s two-year statute of limitations. Our hardworking professionals will work tirelessly to ensure your claim is filed on time and includes an adequate representation of the full extent of your child’s losses due to the birth injury.
From this point on, our team will handle all aspects of the claim process. This includes all scheduling, communication, and negotiations with the insurance company.
Recover Adequate Damages
Birth injuries can have serious consequences that physically, emotionally, and financially impact your life. Our professionals can help you assess and calculate these damages so you can receive maximum compensation for your losses, which may include the following:
- Pain and suffering
- Past, present, and future medical bills
- Lost wages from missed work
- Loss of earning capacity
- Assistive medical devices
- Emotional distress
- Reduced quality of life
- Disability
If a child suffers harm during the birth and receives compensation, it may be awarded to them in the form of a trust. Recent legislation may limit the amount of certain kinds of damages, but others may not be subject to these limitations. These can include compensation for loss of future wages, pain and suffering, and medical expenses. Regardless of your circumstances, we fiercely advocate for the settlement you deserve.
Will My Case Go to Court?
Whether your birth injury case will proceed to court is a question many plaintiffs ponder as they weigh their legal options. The reality is, the path your case takes can vary widely based on several factors, including the complexity of the case, the willingness of the parties to settle, and the strength of the evidence presented.
A significant number of medical malpractice claims, including those related to birth injuries, are resolved before reaching the courtroom through settlements. Settlements are often preferred by both plaintiffs and defendants to avoid the unpredictability and public exposure of a trial, not to mention the time and expense involved. However, if the parties cannot agree on the terms of the settlement, or if the defendant refuses to acknowledge negligence, the case may inevitably head to trial. A skilled Houston, Texas birth injury lawyer will prepare your case as if it is going to trial from the outset, gathering comprehensive evidence and testimonies to build a strong argument on your behalf.
Ultimately, the goal is to achieve the best possible outcome for you and your family, whether this means accepting a fair settlement or advocating for your rights in court. Trusting in the knowledge of a dedicated birth injury lawyer in Houston, TX can provide you with the confidence and support needed to navigate this challenging decision, ensuring your interests are fiercely represented every step of the way.
Schedule a Free Consultation With a Knowledgeable Houston, Texas Birth Injury Lawyer at Davis & Davis
When seeing your doctors and nurses during and after your birth, you trust them to take the best care of you and your child and always prioritize your health and safety. Unfortunately, many medical professionals break this trust and fail to provide proper care, which may cause injuries to the mother or baby. Our passionate Houston, Texas birth injury lawyers at Davis & Davis can handle every aspect of your claim so you can take time to heal while we fight to protect your rights.
We have successfully represented Houston medical malpractice victims for decades and have handled over 300 jury trials, giving us the skill and knowledge to take on your claim, no matter how challenging. Our Houston, Texas birth injury attorneys are not afraid to take on your birth injury claim and use our unmatched legal services to achieve the compensation you deserve. Furthermore, you don’t have to worry about paying us unless we win your case. This dedication and hands-on approach allows you to rest assured you are in the right hands. To schedule a complimentary consultation, fill out our contact form or call (888) 522-9444.