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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 help you find 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. This is why our Houston, Texas birth injury attorneys handle every aspect of your claim so you can focus on recovery. With over 65 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.
Birth Injuries Following Fetal Distress
Birth injuries resulting from fetal distress are an unfortunate reality that 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 that requires 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. A knowledgeable legal team can provide invaluable support and guide families through the intricate process of medical malpractice claims. In these challenging times, compassionate and competent legal representation can make a significant difference in achieving a fair and just outcome.
How a Birth Injury Lawyer in Houston, TX Can Help Your Case
Birth injury claims can be complicated and time-consuming, so our birth injury attorneys in Houston 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 that 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.
When a liable party is established, you are then entitled to file a claim with their insurance company for damages.
Collect Evidence
In order to demonstrate fault, our team will help collect any potentially relevant information to be used as evidence of liability. This process involves gathering medical records, expert testimony, video footage or photographs of the injuries, and witness statements to demonstrate how the standard of care was breached.
Medical records provide a detailed account of the treatment and events surrounding the birth, while expert testimony helps in interpreting these records and establishing what a competent healthcare provider would have done under similar circumstances. Witness statements, including those from medical staff and family members, can offer additional insights into the events and the impact of the injury.
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. This deadline is within two years from the date the malpractice occurred or was discovered. However, there are exceptions, particularly for minors, where the timeframe may be extended. 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.
Recovering Compensation After a Birth Injury
In recovering compensation for a birth injury, the damages typically cover a range of economic and non-economic losses. Economic damages include tangible costs such as medical expenses, ongoing care costs, and lost wages. These are quantifiable and can be calculated based on bills, receipts, and projections of future needs.
Non-economic damages, on the other hand, cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. These are more subjective and are assessed based on the severity and impact of the injury on the individual’s life. It’s crucial to accurately evaluate and document all these aspects to ensure comprehensive compensation.
In cases where relevant, our team may help you seek out punitive damages as well. Punitive damages in the context of a birth injury case serve as a punishment for particularly egregious conduct and as a deterrent against future misconduct. These damages are not tied to the actual harm suffered but are instead intended to penalize the responsible party for willful or grossly negligent actions that led to the injury. Awarding punitive damages is less common and requires a higher burden of proof, typically involving a demonstration of malicious intent or a blatant disregard for safety.
Will Your Case Have to Settle in Court?
The decision to settle in court or through negotiations depends on various factors. Each case is unique, with specific circumstances that can influence this decision. Typically, the severity of the injury, the clarity of medical negligence, and the willingness of the parties to negotiate can play significant roles. Many cases may initially pursue settlement outside of court to avoid the uncertainties and expenses of a trial. However, if a satisfactory agreement cannot be reached, the case may proceed to court, where a judge or jury can determine the outcome.
It’s important to note that the legal strategy in medical malpractice cases is often complex and requires a careful evaluation of the facts and the potential outcomes. Our team will assess the strength of the evidence, the legal precedents, and listen to your preferences and goals when advising on whether to settle or proceed to court. Ultimately, the decision is guided by the goal of achieving the best possible result for the client, whether through a negotiated settlement or a court verdict.
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.
Our Houston, Texas birth injury attorneys 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 our Houston, Texas birth injury lawyers 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.