What Are The Requirements For Filing A Malpractice Lawsuit?
In order to have grounds for a medical malpractice lawsuit in Texas, your lawyer must prove that your healthcare provider caused an injury through medical negligence. Establishing medical negligence is about proving three things:
- The medical professional being sued was responsible for the well-being of you and your child
- This medical professional failed to follow the accepted medical standard of care
- This failure to meet the medical standard of care resulted in a preventable injury
In order to build a strong lawsuit, you’ll need to have the medical evidence of your case reviewed by an experienced Texas birth injury lawyer and a qualified medical professional.
Common Examples Of Medical Negligence During Childbirth
All medical professionals who handle pregnancy, labor, and delivery are thoroughly trained in the best way to keep expectant mothers and their children safe and healthy throughout the process. But sometimes, these professionals fail to follow the accepted methods and practices of their field.
Some common forms of medical negligence which can lead to a birth injury include:
- Conducting a natural delivery when a c-section could prevent complications
- A delayed birth causing preventable complications
- Unsafe use of forceps, vacuum extractors, and other assisted delivery methods
- Failure to identify and treat maternal health problems, like infections or high blood pressure
- Failure to identify and treat signs of fetal distress, such as oxygen deprivation or umbilical cord problems
Everything happens fast in the delivery room, so you may be unsure if your child’s birth injury was your doctor’s fault. This is why it’s important to find a respected birth injury law firm who can have your medical records reviewed by an established medical professional.
Birth Injuries Commonly Caused By Medical Negligence
Some children are fortunate enough to recover quickly from minor birth injuries, but not every family is so lucky. Newborns are extremely fragile and these injuries often have permanent consequences.
We commonly represent families whose children suffer from conditions like:
Medical Malpractice Laws In Texas
Like every other state, Texas has their own laws and statutes which regulate medical malpractice lawsuits. If your family is considering a birth injury malpractice lawsuit, you may be curious about how Texas medical malpractice laws could affect your case. It’s good to have a general idea of how these laws work, however they apply differently depending on the circumstances of a particular case. Our Texas birth injury malpractice lawyers can help you better understand how they might apply to your family’s case.
Statute Of Limitations
Each state has a law known as the statute of limitations, which sets a time limit for filing a medical malpractice lawsuit. If you fail to file a lawsuit within this deadline, you may lose your right to seek financial compensation. It can be difficult to determine when this time limit runs out, so it’s important to speak with a lawyer as soon as possible if you suspect that medical malpractice caused your child’s birth injury.
Limits On Noneconomic Damages
Texas limits the amount of financial compensation you can recover for noneconomic damages in a malpractice lawsuit. Noneconomic damages include compensation for damages without a direct financial cost, including pain and suffering, loss of quality of life, stress, anxiety, and other personal losses suffered because of medical malpractice.
Again, determining this limit depends on the circumstances of a case, including how many healthcare providers are being sued for malpractice.
Requirements For Notice Of Claim & Expert Reports
Before you can file a medical malpractice lawsuit in Texas, you’re legally required to provide each defendant named in the lawsuit with a written notice of claim at least 60 days before the lawsuit is filed.
Your lawyer must also provide an expert report, which states three things:
- A qualified medical expert’s definition of the applicable medical standard of care
- How the defendant failed to meet this standard of care
- How this failure lead to an injury
What To Expect When Filing A Birth Injury Malpractice Lawsuit
As you can see, building a successful medical malpractice lawsuit which adheres to Texas law is a complicated process. It requires the assistance of a birth injury malpractice lawyer with experience in how these cases work. In order to successfully receive compensation, you’ll need to prove through medical evidence and witness testimony that your child’s birth injury only occurred because of medical negligence.
Our experienced Texas birth injury malpractice lawyers specialize in these cases. We understand the financial difficulties these families face, and how disheartening it is to have a child’s life affected by the complications of a birth injury. We’re proud to help these families in Houston, San Antonio, Dallas, Austin, Fort Worth, and throughout the rest of Texas. To find out more about how we can help your family get the financial support you need, contact us today for a free consultation.