When a birth injury occurs, families face emotional and financial hardships that can last a lifetime. In Texas, parents may be entitled to compensation if medical negligence played a role in their child's injury. Understanding the process of pursuing a claim can help families secure the financial support needed for ongoing care and recovery.
What Qualifies as a Birth Injury?
A birth injury occurs when a newborn suffers harm due to complications during labor or delivery. Some injuries are unavoidable, but others result from medical negligence. Common preventable birth injuries include cerebral palsy, brachial plexus injuries, brain damage from oxygen deprivation, and fractures caused by excessive force. If a healthcare provider’s actions or omissions led to the injury, there may be grounds for legal action.
How Compensation Helps Families
Birth injuries can result in lifelong medical expenses, therapy costs, and special education needs. Compensation can help cover these expenses and provide financial relief. Families may receive damages for medical bills, future treatment costs, lost earning potential, pain and suffering, and necessary modifications to the home or vehicle.
Establishing Medical Negligence
To recover compensation, families must prove that medical negligence occurred. This involves showing that a healthcare provider failed to meet the accepted standard of care, resulting in the injury. A successful claim typically requires expert medical testimony to explain how the provider’s actions deviated from standard practices. An experienced birth injury attorney can help gather medical records, consult experts, and build a strong case.
Who Can Be Held Liable?
Several parties may be responsible for a birth injury. Liability can extend to obstetricians, nurses, hospitals, or even medical device manufacturers if faulty equipment played a role. Identifying the responsible party is a critical step in seeking compensation, and an attorney can investigate the circumstances surrounding the injury to determine who should be held accountable.
The Role of an Attorney in a Birth Injury Case
Pursuing compensation for a birth injury requires legal expertise. Attorneys understand the complexities of medical malpractice law and the tactics used by insurance companies to minimize payouts. A lawyer can negotiate settlements, represent families in court, and ensure all deadlines are met. In Texas, the statute of limitations for medical malpractice cases involving minors is different from standard injury claims, making timely legal action essential.
Understanding Settlement vs. Trial
Most birth injury claims are resolved through settlements rather than trials. A settlement allows families to receive compensation faster and avoid the uncertainty of court proceedings. However, if a fair settlement is not offered, going to trial may be necessary. An attorney can advise on whether to accept a settlement or pursue a case in court based on the strength of the evidence.
Texas Laws on Birth Injury Compensation
Texas has specific laws governing medical malpractice claims. Damage caps limit the amount of compensation for non-economic damages, such as pain and suffering, but do not restrict economic damages like medical costs and future care expenses. Additionally, families must adhere to strict filing deadlines, making early legal consultation crucial.
Seeking Legal Support for Your Family’s Future
Dealing with the aftermath of a birth injury is challenging, but you do not have to navigate it alone. Understanding your legal rights can help you secure the resources your child needs for medical care, therapy, and long-term support. Attorney Chelsie King Garza has extensive experience advocating for families affected by medical negligence. She is committed to helping parents hold responsible parties accountable and fight for the compensation their child deserves.
If you believe your child’s birth injury was caused by medical negligence, now is the time to seek legal guidance. Contact Chelsie King Garza today for a free consultation to discuss your case and explore your legal options.
