How Do You Know If You’re Eligible to File a Birth Injury Lawsuit?
Birth injuries are serious matters, particularly when they lead to conditions that result in permanent disabilities that require lifelong treatment and care, such as cerebral palsy. Not all birth injuries can be attributed to medical malpractice, but if you believe a physician, nurse, or other medical professional made a careless mistake in the care or delivery of your newborn, you might have a viable birth injury lawsuit that you should pursue. Victims of such egregious mistakes often impact not only the child, but the family, causing a ripple effect of consequences for which you can hold all responsible parties liable.
What Are Birth Injuries?
This question might seem like it has an obvious answer, but birth injuries and birth defects are often confused with one another. A defense attorney will attempt to derail your case by arguing that your child is suffering from an unavoidable birth defect rather than a preventable injury. You are only eligible to file a birth injury lawsuit if you can prove the condition your child is suffering from is the result of a medical error or negligence.
If your child is genetically predisposed to having a certain disability, medical professionals will not be found liable. However, if your otherwise healthy baby acquired a disability as a result of an injury that was sustained during birth, you have a chance and securing the compensation your family needs and rightfully deserves. An experienced attorney will be able to effectively prepare the necessary evidence for your case and prove your child’s injury was caused by negligent health care providers.
How Can a Birth Injury Lawsuit Help?
Generally, there is a lot of hesitance toward filing injury lawsuits. The process is often perceived as highly stressful and time-consuming, which can seem unbearable to parents who simply want to care for their child and already have a lot on their plate as a result of their child’s birth injury. Parents should not be swayed by this misperception. Having an experienced birth injury attorney on your side can help make this process considerably easier than you might even believe is possible and many accept cases on a contingency fee basis. This means you will only owe legal fees once they recover compensation on your behalf.
If successful, you and your family can recover damages for a wide range of economic and non-economic damages, which include:
- Past, current, and future medical expenses
- Healthcare costs associated with your child’s rehabilitation, possible counseling, and any necessary specialized medical equipment
- Pain and suffering
- Lost wages as a result of having to care for your disabled child
- Loss of enjoyment
How Do I Begin?
If you suspect your child suffered a birth injury at the hands of negligent medical professionals, your first step is to have the birth injury assessed and begin seeking treatment for your child. Most states also require the following in order for plaintiffs to have a valid medical malpractice suit:
- Duty of Care: You must prove the defendant was responsible for the care of your newborn when the injury occurred.
- Breach of Duty of Care: There must be enough evidence to prove that the defendant breached the required care of duty while your newborn was in their care.
- The Breach Caused the Injuries: Even if there was a breach of the duty of care, this is not enough to have a valid case. A link between the breach and the injuries themselves must exist.
Houston Birth Injury Attorneys
If you believe your child sustained injuries during birth as a result of negligent medical care, the Houston birth injury attorneys at Hampton & King can step in to ensure you get the justice you deserve. Many of the clients we serve come to us with nothing more than an inkling that something might be wrong with their child. Our job is to uncover what might have happened and the possible wrongdoing that might have contributed to the child’s injuries or disability.
Backed by over 60 years of combined experience in handling a broad spectrum of medical negligence cases, you can be confident in our firm’s ability to effectively represent you and fight for the fair and just compensation you deserve.
Contact us today at (713) 489-0993 to schedule a free consultation.