Birth Injury Lawyer in Texas
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Bringing a child into the world is a beautiful thing, but it’s also dangerous. There’s a lot that can go wrong. Birth injuries can be devastating, and making it worse is when it was preventable. When a birth injury occurs in Texas, the parent (or the child) can bring a medical malpractice claim to demand damages. Any monetary award can never take the place of a healthy child, but it can help with the costs and the subsequent stress that follows.
At The Law Office of Orlando Zambrano, our birth injury lawyer in Texas is committed to helping families file solid birth injury lawsuits to demand justice. Contact us at 832-422-9399 to schedule a FREE CONSULTATION.
It is important to understand the difference between birth injuries and birth defects. Birth injuries often result from medical negligence or a medical mistake, whereas birth defects generally result from a person's genetic makeup or from medications.
PROVING A BIRTH INJURY LIABILITY IN TEXAS
Proving liability for a birth injury is essential to obtain compensation for any damages. Liability generally means showing that a medical professional or hospital’s negligence caused the birth injury.
A birth injury claim commonly requires several elements to prove liability. First, there must be a doctor/patient relationship between the harmed individual and the negligent doctor.
Next, there must be proof of the doctor’s breach of the medical standard of care, which is measured based on a doctor with similar experience and education acting under similar circumstances. Finally, there must be a causal link between the doctor’s breach of the medical standard of care and the injured person’s birth injury and damages.
Although birth injuries can be significant and terrifying, not all birth injuries result from medical negligence or result in a lawsuit. For example, some birth injuries are unpreventable or caused by mistakes that do not reach the level of negligence.
COMPENSATION FOR BIRTH INJURIES IN TEXAS
The amount and types of compensation available to an individual in a birth injury case vary greatly based on the specific circumstances of the case. With that being said, the common types of damages awarded in a birth injury case include economic damages and non-economic damages.
Economic damages include the monetary amounts that an injured party pays as a result of the birth injury sustained from a doctor’s negligence. Some of the common forms of economic damages include:
Past and future medical expenses
Costs for life support and ongoing care
Costs for therapies
Special education coverage
Lost wages
On the other hand, non-economic damages commonly relate to losses from the pain, suffering, and emotional trauma experienced after birth injury. Non-economic damages are typically more difficult to calculate due to the lack of documentation and hard evidence.
DO YOU NEED A BIRTH INJURY ATTORNEY IN TEXAS?
Birth injury cases are generally difficult to win without an attorney. In fact, it can be difficult for a person unfamiliar with the legal system to properly file a birth injury case without the assistance of a knowledgeable attorney. For instance, there are several state laws and court rules that must be followed to simply get a case started and ensure that you do not lose the legal right to pursue compensation for a birth injury.
At The Law Office of Orlando Zambrano, our medical malpractice lawyer in Texas handles birth injury cases. We have the necessary knowledge and resources to perform an investigation and obtain the medical experts needed to prove a breach of the medical standard of care. Call 832-422-9399 today, or simply fill out our online contact form to schedule a FREE CONSULTATION.
The Law Office of Orlando Zambrano is committed to answering your questions about Car Crashes, 18-Wheeler Crashes, Slip and Falls, On The Job Injuries, Medical Malpractice and Dog Bites in Texas.
3272 Broadway St. Suite. 122, Pearland, TX