Birth injuries can leave your child with devastating consequences for the rest of their life. When a medical professional is to blame for your child’s birth injury, they may owe you a substantial amount of money. You must prove that the medical professional breached the duty of care that they owed to your child. Birth injury cases may be difficult, especially considering the amount of money that is at stake. Speak to a birth injury lawyer to learn whether you have a potential case.
Proving Negligence Is the Key to a Birth Injury Lawsuit
Like any type of personal injury lawsuit, you must have evidence that shows that the defendant was “negligent” to win your case. The doctor owed a duty of care to your child, and they breached it when they acted unreasonably under the circumstances. You must show that the doctor did or did not do something that the ordinary medical professional of average training would or would not have done under the circumstances. The medical professional is not held to the standard of the highest expert in the field, but they are liable when they act carelessly in a manner that a reasonable doctor would not have.
The following may be examples of negligence in a birth injury lawsuit:
- Failure to monitor the baby for fetal distress during labor.
- Failure to notice potential complications during prenatal care.
- Improper use of delivery instruments, such as forceps.
- A delay or failure to perform a cesarean section procedure when it is necessary.
- Carelessly delivering the baby by pulling the wrong way.
You Must Develop Evidence That Shows Negligence
You start your birth injury lawsuit with the premise that your child has been hurt, and they would not have been injured had it not been for the actions of the doctor. However, that is not enough to win a lawsuit. You must have “evidence” that shows what the doctor did and why it fell short of the duty of care that they owe to your child. It is up to you to develop this evidence during the course of your birth injury lawsuit.
Your birth injury lawyer will work with one or more expert witnesses to help build your case. These witnesses are doctors themselves who will review the care that was provided to your child, and they will give their opinion about why it was negligent.
Even with this opinion, something more may be required. Once you have filed a birth injury lawsuit, your lawyer will have the opportunity to speak with the doctor and other witnesses as part of a deposition. They will be able to ask questions of the doctor and hear about what happened in their own words. If you can elicit strong evidence during the course of the discovery process, it would make a settlement of your case far more likely.
Your Lawsuit Must Fall Within the Statute of Limitations
Texas has a two-year “statute of limitations” in medical malpractice cases. The statute of limitations generally begins to run on the date of the negligent act that injured your child. However, Texas also has a rule that the statute of limitations may begin to run on the date of the last treatment necessary for the injury. Accordingly, if your child is still receiving treatment for their birth injury, it may be possible to file a lawsuit, even years after the initial act of negligence.
A Harris County Birth Injury Lawyer at the Law Office of Todd E. Webb Can Help if Your Child Is Suffering Due to a Birth Injury
If your child suffered harm due to the negligence of a medical professional, speak to a Harris County birth injury lawyer at the Law Office of Todd E. Webb. We can get to the bottom of your case and help determine whether you have a possible lawsuit. To schedule a free consultation, submit our online form or call today at 713-529-4400. Located in Houston, Texas, we gladly serve clients in the surrounding areas.