Texas Birth Injury Lawsuit
When Should I File a Birth Injury Lawsuit in Texas?
Having a baby born with serious injuries or disabilities is devastating. It’s a confusing time when you may feel uncertain if your child’s injury was an accident or preventable negligence. You may be able to rely on insurance compensation, but you may want to hold negligent doctors responsible and get more compensation for your child.
The best way to determine if it makes sense to sue the negligent doctors or hospitals involved is to talk to a lawyer. Birth injury lawyers in Texas have experience working with families like yours. They can provide invaluable advice.
There are certain circumstances in which a lawsuit is often the right choice:
- Severe birth injuries that will affect the baby for life
- Permanent disabilities that may prevent your child from being independent or that will diminish the quality of life
- High past and current medical bills related to the birth injuries
- Expected future expenses for treatment and care
- Other associated expenses, like lost wages, if you must stay home to care for your child
Is There a Time Limit for Filing?
If you are thinking about suing, talk to a lawyer right away. The statute of limitations in Texas is just two years. This means you have only two years from when you discovered your child’s injuries to file. Even if you aren’t sure about filing a lawsuit, talk to a lawyer, so you have that option and don’t miss the deadline.
What Are the Steps in a Texas Birth Injury Lawsuit?
A birth injury lawsuit is a medical malpractice lawsuit. You must follow certain steps as you go through the Texas court system, and your lawyer will take you through them. Most cases end in the settlement stage, but some go to trial and end in a jury verdict or appeal.
- File a complaint
First, your lawyer will file a complaint to make the suit official. This document goes to the appropriate court, and that notifies the defendants of the allegations against them. Typically, in these cases, the defendants are medical professionals, hospitals, and insurers. - Build a case
The complaint triggers the discovery period. It gives legal teams on both sides of the lawsuit time to investigate and build a case. This is when they will talk to witnesses and experts, hold depositions, gather evidence, and share information. - Negotiate
Insurance companies and hospitals often settle cases before trial because a settlement is usually less costly than a trial. Your lawyer will enter into negotiations with their lawyers to get you and your child a fair amount. - Litigate
If you cannot settle on an amount, you can take your case to court. This is why it’s important to hire a trial attorney. While many cases settle out of court, some go before a jury. Your lawyer will argue your case and present evidence and testimony to get a jury award. - Appeal
If you win, the defendants may appeal and ask a higher Texas court to overturn the jury decision. Your lawyer will continue to present your case and fight for the jury award to remain. Appeals can delay your recovery of damages for months or years.
How Will My Lawyer Prove My Case?
Medical malpractice cases can be tricky because proving negligence is complicated. Your lawyer will rely on medical experts and the details of the incident to show a doctor or other provider was negligent in causing your child’s injuries.
To do this, they must show that your doctor breached an accepted standard of care. They will use experts to establish what another doctor would have done in the same situation. If your doctor deviated from it, they may be negligent. Proving negligence and liability for damages requires expert testimony, physical evidence, and medical records and bills.
What Can I Recover in Damages?
The amount of damages you can recover in your lawsuit depends mostly on your actual expenses:
- Past and current medical bills related to the incident
- Ongoing medical expenses
- Expected future expenses for medical treatment
- Expected expenses for home care, assistive equipment, and other needs
- Lost wages or lost future earning potential
- Travel expenses related to getting care
Damages also depend on state laws and court procedures. Texas follows a shared fault rule in jury trials. If you receive a jury award but have some blame for the incident, the court will reduce the award by a comparable amount.
You can also recover non-economic damages, compensation for pain and suffering, and other non-monetary costs. Texas law caps this type of recovery at a maximum of $750,000 per case, but it may be even less depending on the situation.
Examples of Texas Birth Injury Lawsuits
Examples of real cases from Texas lawyers can help you get an idea of what’s possible when you take legal action. Every case is different, but these show you how the right lawyer can get results for their clients:
- $10.3 Million Jury Award for Umbilical Cord Injury. The Ramirez family won this jury award thanks to their legal team. Their baby was diagnosed with cerebral palsy after suffering brain damage from being suffocated by the umbilical cord.
- $7.7 Million for Pitocin Misuse. A baby suffered brain damage that led to cerebral palsy. The family’s lawyers showed that several negligent factors played a role, including misuse of Pitocin, a delayed C-section, and inappropriate use of a vacuum extractor.
- $5.8 Million for Cerebral Palsy. In another cerebral palsy diagnosis, the family’s lawyers proved that doctors did not respond adequately to fetal distress. This resulted in a delayed C-section and birth injuries.
These and other cases show what a good Texas legal team can do. It may inspire you to file a lawsuit over your child’s birth injuries. Although it seems like a big step, a lawsuit is often the only way to force hospitals and insurance companies to compensate families fairly.