A Brief Summary of the Following Article
- Birth asphyxia occurs when an infant’s oxygen supply is cut off, potentially causing lasting brain damage and other developmental complications.
- If birth asphyxia results from a doctor’s negligence, victims can seek justice through medical malpractice claims with Davis & Davis.
- Victims can claim both economic and non-economic damages, with Texas capping non-economic damages at $250,000 or $500,000 based on the number of defendants.
- Navigating malpractice claims requires expertise. Davis & Davis offers comprehensive support, including establishing fault, claim filing, and courtroom representation
Birth asphyxia is a form of birth injury that occurs when an infant’s oxygen supply is heavily limited or completely cut off before, during, or after the birthing process. This lack of oxygen can lead to lasting damage, especially to the brain, and it may result in developmental and neurological complications later in life. Immediate interventions and treatments are crucial to mitigate the potential long-term effects of birth asphyxia.
When your child’s birth asphyxia is the direct result of your doctor’s negligence or failure to properly monitor your birthing process, you are entitled to hold them accountable for their actions. The team at Davis & Davis is prepared to help you file a medical malpractice claim to begin your journey of recovering the financial justice and damages you deserve.
What Types of Damages Are You Entitled to After Filing a Medical Malpractice Claim?
Birth asphyxia can result in long-lasting injuries to your child’s brain, lungs, and other organs. It may even result in permanent disabilities like cerebral palsy. In cases where your doctor fails to act promptly, birth asphyxia can also unfortunately result in wrongful death.
These potentially catastrophic side effects require Houston birth asphyxia attorneys who are able to navigate the complexities of the legal system and fight for damages that will fully cover these future expenditures. Victims of medical malpractice cases and their families are entitled to both economic and non-economic damages, which includes compensation for the following losses:
- Past, present, and future medical bills
- Any required at-home assistive care or home modifications
- Assistive devices
- Rehabilitative or physical therapy
- Loss of enjoyment of life
- Loss of a loved one
- Scarring or disfigurement
- Cost of prescription medications
- Mental pain
- Emotional anguish
Texas currently does not have a cap on the amount of economic damages you can receive, though there is currently a limit on the amount of non-economic damages. This is calculated based on whether or not the claim is against one healthcare provider or more. If your claim is against one institution, the maximum amount of non-economic damages you can recover is $250,000. If your claim is against more than one institution, your cap is set at $500,000.
Understanding How a Birth Asphyxia Lawyer Can Help
Don’t try to navigate your medical malpractice claim alone, especially while actively dealing with your child’s recent injury. While you allow yourself to take the time to concentrate on your family, our team of knowledgeable and compassionate Houston birth asphyxia attorneys will get to work building your case and working on the following pivotal steps in the process:
Establishing Fault
In order to determine fault, our team will immediately begin a time-sensitive investigation into your birthing process and the birth asphyxia injuries that occurred. This will primarily include the collection of any relevant information to be later used as evidence when it comes to identifying a liable party and demonstrating negligence. Negligence is proven by showing the following has occurred:
- You went into the birthing process with a certain expectation of care from a healthcare professional
- This duty of care was breached due to the healthcare professional acting in a reckless or negligent manner
- This breach directly resulted in your child’s birth asphyxia and other related injuries
Examples of pertinent evidence for a medical malpractice case can include eyewitness accounts, detailed medical records, photographs or video footage, and more.
Filing Your Claim
Texas currently allows victims of medical malpractice to file a claim with the at-fault party’s insurance within two years of the date of injury. This statute of limitations deadline begins at the date of the injury or after the date of reasonable discovery. Our team is prepared to handle all aspects of the claim process for you, including the filing, scheduling, and all communications with the insurance company.
This includes all negotiations regarding your final settlement offer. If a worthy agreement cannot be reached, our team is prepared to take your case to court and defend your child’s future and rights in front of a judge.
Schedule Your Free Consultation With a Dedicated Attorney Today
In the moments following the birth of your child, you anticipate compassionate care and undivided attention from medical professionals. Regrettably, not everyone experiences this level of professionalism, leading to potential harm to both mother and newborn. At Davis & Davis, our specialized Houston birth asphyxia attorneys in Houston, Texas stand with you, ready to advocate for your rights. Our illustrious track record includes decades of staunch representation for Houstonians affected by medical malpractice, with over 300 jury trials under our belt.
With a relentless spirit, we’re prepared to take on even the most intricate of birth asphyxia injury cases. Allow us to be your guiding light in this crucial journey. To embark on this path to justice, reach out for a free consultation by filling out our contact form or dialing (888) 522-9444.