At Rasansky | McKenzie Law, we understand the emotional and financial toll that a birth injury can take on a family. Our experienced birth injury attorneys are here to guide you through the legal process and fight for the justice your child deserves.
Understanding Birth Injuries
Birth injuries can occur when a healthcare provider fails to provide proper care during pregnancy, labor, or delivery. Some common types of birth injuries include:
- Cerebral palsy
- Brachial plexus injuries (Erb’s palsy or Klumpke’s palsy)
- Hypoxic-ischemic encephalopathy (HIE)
- Bone fractures
- Spinal cord injuries
These injuries can result from various forms of medical negligence, such as:
- Failure to monitor fetal distress
- Improper use of forceps or vacuum extractors
- Delay in performing a necessary cesarean section (C-section)
- Failure to diagnose and treat maternal infections
If you believe that your child’s birth injury was caused by medical negligence, it’s essential to take action as soon as possible to protect your legal rights.
The Statute of Limitations for Birth Injury Cases in Texas
In Texas, the statute of limitations for filing a birth injury lawsuit is generally two years from the date of the injury or from the date when the injury was discovered or should have been discovered. However, there are some exceptions to this rule, such as:
- If the child is under the age of 12, the statute of limitations may be extended until their 14th birthday.
- If the healthcare provider fraudulently concealed the negligence, the statute of limitations may be extended.
It’s crucial to consult with a knowledgeable birth injury attorney as soon as possible to ensure that you don’t miss the deadline for filing your claim.
The Steps in a Birth Injury Lawsuit
1. Consultation with a Birth Injury Attorney
The first step in the legal process is to schedule a consultation with an experienced birth injury attorney. During this meeting, you’ll discuss the details of your case, and the attorney will assess whether you have a viable claim.
2. Investigation and Gathering Evidence
If the attorney determines that you have a strong case, they will begin an investigation to gather evidence to support your claim. This may include:
- Reviewing medical records
- Consulting with medical experts
- Interviewing witnesses
- Obtaining expert opinions on the cause and extent of the birth injury
3. Filing the Lawsuit
Once sufficient evidence has been gathered, your attorney will file a lawsuit on your behalf. The complaint will outline the details of your case, including the alleged negligence and the damages you are seeking.
4. Discovery
During the discovery phase, both sides will exchange information and evidence related to the case. This may include depositions, where witnesses and parties to the lawsuit are questioned under oath.
5. Settlement Negotiations
Many birth injury cases are resolved through settlement negotiations. Your attorney will work to negotiate a fair settlement on your behalf, taking into account the severity of the injury, the long-term impact on your child’s life, and the financial burden on your family.
6. Trial
If a settlement cannot be reached, your case will proceed to trial. During the trial, your attorney will present evidence and arguments to demonstrate the healthcare provider’s negligence and the extent of your child’s injuries. The judge or jury will then determine whether to award damages and, if so, the amount.
Damages in a Birth Injury Lawsuit
If your birth injury lawsuit is successful, you may be entitled to various types of damages, including:
- Medical expenses (past and future)
- Therapy and rehabilitation costs
- Special education expenses
- Lost wages (if a parent must miss work to care for the child)
- Pain and suffering
- Punitive damages (in cases of gross negligence or intentional misconduct)
An experienced birth injury attorney will work to ensure that you receive the full compensation your family deserves.
Choosing the Right Birth Injury Attorney
When choosing a birth injury attorney to represent your family, it is crucial to select a professional with extensive experience in handling birth injury cases and a profound understanding of Texas medical malpractice law. The ideal attorney should have a proven track record of successfully securing favorable settlements and verdicts for their clients.
Moreover, it is essential to find an attorney who demonstrates genuine compassion and an unwavering commitment to advocating for the rights of injured children and their families during this challenging time. By selecting an attorney with these qualities, you can ensure that your family receives the best possible legal representation and support throughout the legal process.
At Rasansky | McKenzie Law, our birth injury attorneys possess all of these qualities and more. We’re dedicated to providing personalized attention and aggressive representation to help your family obtain the justice and compensation you deserve.
Contact Rasansky | McKenzie Law Today
If your child has suffered a birth injury in Texas, don’t wait to seek legal help. Contact Rasansky | McKenzie Law today to schedule a free, no-obligation consultation with one of our experienced birth injury attorneys. We’ll listen to your story, answer your questions, and provide the guidance you need to make informed decisions about your legal options.
Remember, you’re not alone in this fight. Our team is here to stand by your side every step of the way, working tirelessly to protect your rights and secure the best possible outcome for your case. Let us help you hold negligent healthcare providers accountable and obtain the resources your child needs for a brighter future. Contact our Texas personal injury law firm by calling (214) 651-6100.