Lawsuits and Legal Action for Texas Birth Injuries
If negligence by a medical professional in Texas left your baby with a birth injury, you have the right to take legal action to hold that medical professional accountable. You may be able to recover financial compensation that can be used to meet your child's needs.
Legal action can't change what happened to your child, but it is a way to hold negligent medical professionals responsible. It may even help prevent another child from being harmed by forcing medical professionals and hospitals to be more careful in the future. If you recover financial compensation, you can use it to pay for your child's treatment and care.
In Texas, a health care liability claim can be filed against a medical professional "for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care, which proximately results in injury to or death of a claimant." [TEX. CIV. PRAC. & REM. CODE § 74.001]
Generally, negligence can be any action or inaction by a medical professional that does not meet accepted standards of care. Some examples include:
- Failing to identify, monitor or treat risk factors in the mother
- Failing to discuss safe delivery options with the mother
- Prescribing the wrong kind of medication (or wrong dosage)
- Failing to monitor the baby's health during labor and delivery
- Failing to monitor the risk of infection, or to take steps to prevent it
- Failing to perform a caesarean section delivery if necessary
- Injuring a baby through the improper use of forceps or vacuum extractors
- Failing to treat a baby's infection after birth
- Failing to take quick action to reduce the risk of brain damage
Fighting on behalf of your child
Holding negligent doctors and hospitals accountable can be complicated, because they typically deny responsibility. They'll insist they took all necessary steps and that there was nothing more they could have done. Insurance companies will stand by them, because they know there is a lot of money at stake.
An experienced Texas birth injury attorney can fight for the rights of your child. Experienced attorneys know how to investigate birth injuries. This involves gathering evidence, reviewing documentation, identifying and interviewing witnesses and consulting medical experts. This process helps them determine if standards of care were met.
An attorney can also build a strong case that insurance companies have to take seriously. Many times, insurance companies will agree to discuss a settlement when presented with strong evidence of negligence. An attorney who is a skilled negotiator can negotiate a settlement that meets the needs of your child.
Many families don't know how to find such an attorney. That's why Help For Your Baby has created a free consultation service. We can connect you with an experienced lawyer who can review the details of your case, go over your options and answer your questions.
If you need an attorney for your Texas birth injury, Help For Your Baby's birth injury experts will review your situation and, if necessary, put you in touch with one.