In your role as a parent, you have no greater responsibility than to keep your child out of harm’s way. It is an unfortunate reality that this is not always possible. If your child has recently sustained an injury due to medical malpractice, this child’s injury can have a profound impact on your family, both emotionally and financially. Families of injured children often seek compensation to cover medical bills and ensure access to quality medical care, as inadequate care can lead to a child’s injury. The firm handles personal injury claims and medical malpractice cases for Texas children of all age groups, including those in Houston and San Antonio.
Potential plaintiffs in these cases include parents, legal guardians, and, in the event of a wrongful death claim, a personal representative. Families may need to pursue a personal injury lawsuit or other legal actions to hold responsible parties accountable. Injury victims and their families can benefit from the firm’s advocacy and experience. For more information on whether you can file a medical malpractice lawsuit on behalf of your minor child, please continue reading, then contact an experienced Harris County, Texas medical malpractice lawyer at our Houston office for a free case review. Our firm can help you and your child navigate each step of the medical malpractice claims process ahead.
Common injuries that lead to medical malpractice claims for injured children include birth injuries, nerve injuries, and surgical error. These types of injuries are frequent causes of legal action for families seeking justice and compensation.
Here are some questions you may have:
Can a parent file a medical malpractice claim on behalf of their child in Texas?
An adult acting in the capacity of next friend may file a medical malpractice lawsuit for a minor under Lonestar State law to protect the child’s rights and pursue the child’s case. In certain cases, a personal representative may file a lawsuit, and potential plaintiffs include parents, legal guardians, and representatives. The process involves filing a personal injury lawsuit or a medical malpractice case, and there are specific requirements for medical malpractice cases. The basis for the claim is medical negligence, and proving this often requires expert testimony to show what a reasonable doctor would have done in similar circumstances.
Typically, the statute of limitations in cases of pediatric medical malpractice is the same as in adult medical malpractice. That is, two years, starting from the date of the underlying injurious incident. However, if your child was under the age of twelve at the time of the injury, you may file a medical malpractice claim on behalf of the minor anytime before your child reaches the age of fourteen. It is important to take timely legal actions to protect the child’s future.
How might my child sustain a medical malpractice injury in Texas?
Sadly, errors happen frequently in the medical community, and medical errors or medical negligence are common causes of a child’s injuries across all age groups. Medical communities work very hard to conceal these mistakes from the general public. Overworked medical professionals often do not have the time or resources to provide individualized medical care to their young charges. As a result, your child may suffer a severe injury or even death. Our firm has experience helping injury victims, including injured children, recover from these common injuries. The following are some of the most frequent mistakes:
- Failure to diagnose
- Failure to follow up
- Meningitis
- Pneumonia
- Infections
- Negative drug reactions
- Leukemia
- Birth injuries
- Nerve injuries
- Surgical error
Health care providers and other health care providers can be responsible parties in these cases. Medical bills can quickly add up after a child’s injury. Injured children and their families may need to pursue personal injury claims or legal actions to seek compensation for the child’s injuries. Expert testimony is often required in a medical malpractice case to prove that the standard of care was not met.
How do you file a medical malpractice lawsuit on your child’s behalf in Texas?
The first step of filing a medical malpractice lawsuit on behalf of your child—and filing a lawsuit in general—is to take timely legal actions, starting with submitting a notice of claim to every health care provider and other health care providers you plan on naming as responsible parties in the lawsuit. The process involves reviewing medical care records to identify all potential plaintiffs, such as parents, legal guardians, or a personal representative in wrongful death cases.
Typically, your attorney can do this on your behalf. Note that you are required to do so at least 60 days prior to filing your claim. You will also have to provide each provider named in your lawsuit with a form of release of protected health information so they can review the pending lawsuit and have a fair chance at building their defense. In medical malpractice cases, expert testimony is often required to prove medical negligence by showing that the standard of care was not met under similar circumstances. The goal of a medical malpractice case is to seek compensation for your child’s injuries and medical bills.
Before you make any major decisions, speak with someone from our firm to discuss your child’s rights, protect your child’s case, and ensure the best outcome for injured children.
Planning for Your Child’s Future
When a child suffers from medical malpractice, the effects can last a lifetime. Planning for your child’s future becomes a top priority, as you want to ensure they receive the medical treatment, support, and financial resources they need to thrive. Navigating a medical malpractice lawsuit in Texas can be complex, but with the help of a dedicated child injury lawyer, you can seek justice and secure the compensation your child deserves.
Under Texas law, parents or legal guardians have the right to file a medical malpractice claim on behalf of their minor child. While the statute of limitations for most medical malpractice claims is two years, there are important exceptions for younger children, making it crucial to consult an experienced injury lawyer as soon as possible. A knowledgeable law firm can guide you through the legal process, helping you understand your legal options and ensuring all deadlines are met.
A successful medical malpractice claim can help recover compensation for a wide range of damages. Economic damages may include medical expenses, ongoing medical treatment, therapy, rehabilitation, and lost wages if a parent must take time off work to care for their child. Non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life, are also considered in personal injury settlements. These funds can provide vital financial support for your child’s future needs and help ease the burden on your family.
In tragic cases where a child’s injuries result in wrongful death, surviving family members may be eligible to file a wrongful death lawsuit. This legal action can help cover funeral costs, lost income, and other damages, while holding negligent individuals and healthcare providers accountable.
The claims process can be overwhelming, especially when you are focused on your child’s recovery. An experienced law firm can handle the legal complexities, negotiate with at fault parties and insurance companies, and fight for the maximum compensation available. By working with a skilled personal injury attorney, you can focus on your child’s well-being while your legal team pursues justice on your child’s behalf.
If your child has been the victim of medical malpractice, don’t wait to take action. Schedule a free consultation with a reputable law firm to discuss your child’s case, explore your legal options, and start planning for your child’s future. With the right support, you can help your child recover damages and build a path forward after a devastating injury.
Contact Our Team Today
If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.
