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, we handle every aspect of your claim so that you can focus on recovery. With over 65 years of combined experience and medical malpractice specialization, 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.
Birth Defects Caused by Malpractice
According to the Centers for Disease Control and Prevention (CDC), one in every 33 babies is born with birth defects in the United States. While many of these defects have genetic or chromosomal causes, they may also result from a lack of fetal monitoring, medication errors, or other forms of medical malpractice. Potential defects that this negligence can cause include the following:
- Spina bifida
- Cleft palate
- Down syndrome
- Cerebral palsy
- Cleft lip
- Congenital heart defects
- Neural tube defects
- Anencephaly
- Microcephaly
- Hydrocephalus
- Gastroschisis
- Craniosynostosis
- Limb and head deformities
Having a child born with a preventable condition can be devastating and traumatic. The child may also require constant care and treatment for an extended period of time after their birth. In these cases, our tenacious Houston, Texas birth injury lawyers are here to fight for your rights and secure compensation for your losses.
Elements of a Houston Birth Injury Claim
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 that proves 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.
We 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 expert that provides insight into the injuries and their potential cause.
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 that 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.
How Can a Houston Birth Injury Lawyer Help With Your Texas Birth Injury Claim?
Your health and recovery should be your top priority after you or your child suffers a birth injury. However, this can be challenging if you attempt to handle the legal process alone. Fortunately, our experienced and trustworthy Houston, Texas birth injury lawyers at Davis & Davis are here to help manage every element of your claim, including the following:
- Conducting a detailed investigation
- Interviewing witnesses
- Identifying a liable party
- Answering your legal questions
- Utilizing valuable resources like medical professionals to strengthen your claim
- Negotiating on your behalf
- Taking your case to court if necessary
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 work tirelessly to file your claim promptly so that you can receive compensation as soon as possible.
Schedule a Free Consultation With a Knowledgeable Houston 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 that 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. We 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.