Did your child suffer a birth injury in Houston, TX? If so, you and your baby deserve justice and financial compensation for all you have been through. The Houston birth injury lawyers at Attorney Brian White & Associates, P.C., are here to help you deal with this tragic situation.
Contact our Houston, TX law office and speak to our experienced attorneys at no charge. We’ll review your case, explain your options, and begin to devise a strategy to recover full compensation for you and your family.
How a Houston Birth Injury Lawyer Can Help After an Accident in Houston, TX
Dealing with a birth injury is devastating and traumatic in and of itself. The last thing you should be thinking about are legal matters. That’s where the personal injury lawyers at Attorney Brian White & Associates, P.C., can lend a hand.
Our reputation precedes us as a dependable firm that can handle your case. We have the experience and knowledge to wade through all the medical complexities involved in a birth injury case.
We are laser focused on ensuring you and your baby get justice and begin a normal life together.
With decades of experience and a winning record, our professional legal team is a huge asset to have on your side. We have been providing clients in the Houston area with high-quality legal representation that gets results, and you can rest assured we will do the same for you. Let us get your case started while you focus on taking care of yourself and your baby.
These are just a few reasons it makes sense to hire a personal injury lawyer in Houston:
- We work on a contingency fee model, which means we do not charge unless we win for you.
- We hunt down evidence to build your case, including medical documents, any film evidence, and statements from birthing room staff.
- We find experts who are renowned in their fields to testify to the validity of your claim.
- We know how to negotiate with insurance firms and opposing counsel to secure the best possible settlement or other legal outcome for you.
- Attorney Brian White is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He is an experienced trial attorney, and his team will take your case to court if necessary.
Our Houston personal injury attorneys lawyers want to bring you comfort and peace of mind that we will help you secure the financial resources you will need to take care of your baby’s health. We will stop at nothing to get justice for you and your baby. You are undergoing needless suffering and worry as the result of careless mistakes that could have been avoided. Those who made those mistakes should be paying for them, not you and certainly not your baby.
Birth Injuries in the United States
The birth of your baby should be a joyous moment in your life. Unfortunately, injuries can sometimes occur due to the negligence of someone responsible for providing you and your baby with the utmost care.
A birth injury is traumatizing and can have devastating, lasting effects on both you and your baby.
Birth injuries in the United States are unfortunately all too common. In general, seven out of every 1,000 births result in birth injuries. With hundreds of thousands of births every day, that makes birth injuries all too common.
Birth injuries typically include:
- Cerebral palsy
- Brachial plexus injuries
- Caput succedaneum
- Brain damage and brain injuries
The frequency is particularly unfortunate because over half of these injuries are avoidable. When a birth injury occurs, there is a certain element of negligence, and if most of that negligence lies with another individual or entity, such as the doctor, nurse, or other medical professionals, you may be entitled to compensation.
Examples of Birth Injuries
Birth injuries are many and varied. They are essentially defined as physical injuries that occur during the process of a baby being born. Some of these injuries include:
- Irregular Pelvis: If the mother’s birth canal or pelvis are of a unique shape, this can sometimes cause problems during the labor process.
- Devices: If the birth requires the use of forceps or similar devices, this can place undue pressure on the baby’s head or body as it emerges, sometimes causing significant damage.
- Breech: If the baby is not positioned properly for a standard birthing procedure, this can cause complications as attempts are made to turn the baby around.
- Undiagnosed conditions: Conditions such as Cholestasis, Diabetes, Strep B, Low Birth Weight, etc., can sometimes take up to 30+ weeks to detect. Missing these diagnoses can result in unexpected complications arising at late stages.
- Medication during delivery: If you do happen to have one of the many late term issues, it may require antibiotics to be administered during actual labor. Untreated Strep B can cause spinal meningitis among other problems. Something as simple as an IV antibiotic can prevent such an infection.
- Late delivery: The elevation or decrease of your or your baby’s heart rate can indicate fetal distress. If the doctor waits too long to deliver, there is a high risk of injury.
- Home Births: Home births end in hospital visits for up to 37% of first time moms because there are many complications that can arise. Most doulas are only registered nurses, meaning they may not have the required expertise for an emergency, in addition to lack of access to emergency equipment.
- Hemorrhaging: Although rare, this is a serious birth injury often caused by negligence. The medical staff may not be able to thoroughly prevent clotting immediately after delivery. This will result in hemorrhaging, which could potentially end in death.
If you believe your baby has suffered a birth injury due to negligence, you need to act immediately. Time is often of the essence in cases like this where your baby may have medical needs for which you will need financial resources sooner than later. Call us today and let us help you begin building your case.
What Compensation Can I Expect After a Birth Injury in Houston, TX?
Determining the amount of compensation you might be able to receive depends on a number of variables. Contact our personal injury lawyers at Attorney Brian White & Associates, P.C., so we can begin calculating your potential award.
The more prepared you are with a strong case ready for trial, the more likely the insurance company will be to negotiate a fair settlement.
There are typically two types of awards available to you in personal injury cases: special damages and general damages. Special damages, also referred to as economic compensation, are for financial losses due to tangible aspects of your baby’s injury. These can include:
- Present medical care
- Future medical procedures
- In-home nursing assistance
- Rehabilitation sessions and equipment
- Special education
- Loss of future earnings
General damages, also referred to as non-economic compensation, refers to damages that are less tangible and therefore harder to calculate. Examples of such damages:
- Pain and suffering
- Loss of enjoyment of life
The share of blame is also a consideration in determining the amount of compensation. You must be able to show that you were not responsible for more than 50% of the negligence that caused the injury. Failure to do so may result in no compensation. This is a result of Texas’ modified comparative negligence rules.
Statute of Limitations for Houston Birth Injury Cases
In Texas, the law limits the amount of time in which you have to bring your claim against the negligent parties responsible for your baby’s injuries. This is called the statute of limitations. For birth injury cases, you have two years from the date of the incident to file a medical malpractice lawsuit on your child’s behalf.
Note, your child can decide to file a claim later in life if you choose not to. In that case, they will typically have until their 20th birthday.
A great deal of preparation goes into building a case and drafting the elements of a complaint, including medical evaluations and expert opinions. The sooner you get the process started, the sooner you can be compensated, and the sooner you and your baby can begin the process of healing.
Call our Houston birth injury lawyers today to get started. You have already lost so much. Do not risk losing more by delaying your lawsuit.
Contact Our Houston Birth Injury Lawyers Now
When you hire Brian White & Associates, P.C., you get a team of skilled trial lawyers who know how to win. Put your trust in our hands. We know you and your baby have suffered enough.
Our goal is to see you get the justice and money you deserve to make up for all you have lost. At our firm, our clients are important to us, and we fight for you like you are family. Give our Houston law office a call or reach out to us online.
The initial consultation is free and you pay nothing until we secure a financial payment for you.