El Paso Birth Injury Lawyers
CALL (800) 863-5312 TO SPEAK WITH AN EL PASO BIRTH INJURY LAWYER FOR FREE
There is nothing more exciting than welcoming a new child into the world. It is a time to feel happy, excited, and hopeful for the future. However, sometimes this joyous moment can turn sour when issues arise during childbirth. While birth injuries aren’t always severe, sometimes they can be devastating and even fatal. After a child has suffered a birth injury, family members may be feeling anxious and overwhelmed. However, you don’t have to suffer through this process alone.
Zinda Law Group has a team of experienced attorneys who have dealt with birth injury claims in the Texas area. Allowing an experienced attorney to fight for you after dealing with the painful reality of a birth injury is one of the best ways you can ease your family’s burden.
WHAT IS A BIRTH INJURY?
A birth injury is damage caused to a child as the result of physical pressure that was applied during the birthing process. This physical pressure could be attributed to equipment or technique that was used to help bring the baby through the birth canal. While many newborns suffer from birth injuries and while sometimes those injuries are so minor they can resolve themselves, other times the injuries are much more serious.
COMMON CAUSES OF BIRTH INJURIES
The following list outlines some of the common causes of birth injuries in children. This is by no means a comprehensive list of all of the causes that may lead to a birth injury claim. The common causes are as follows:
- Maternal infections
- Complications that arose at the moment of birth
- Complications that went untreated or undiagnosed
- Improper use of equipment during birth
- Delay in ordering a C-section
COMMON TYPES OF BIRTH INJURIES
Some common types of birth injuries may include:
- Cerebral Palsy
- Hypoxic Ischemic Encephalopathy
- Brachial Plexus injury
- Erb’s Palsy
- Skull injuries
- Nerve damage
- Internal organ damage
- Brain bleeds
- Spinal cord injuries
- Facial paralysis
WHO IS AT FAULT?
Most often, a claim arising from a birth injury is probably operating under a theory of medical malpractice. Medical malpractice is more specific than other negligence claims. Regular negligence claims deal with what a reasonable person knew or should have known before breaching a duty of care. Medical malpractice, or medical negligence, however, is based on what another medical professional knew or should have known. All medical professionals owe their patients a duty of care to treat them with the reasonable standards of that profession. When a doctor, nurse, or other medical professional fails to devote reasonable attention, skill, or communication toward a patient, a breach of their duty may cause injury.
The hardest part is determining fault is determining if a medical professional has breached their duty of care. A plaintiff needs to establish what the appropriate standard of care is. This is done via expert witness testimony and is based on what a reasonably prudent healthcare provider would or should respond in a similar circumstance. If it is determined that the medical professional acted within his or her duty of care and did not fall short of the medical standards of care, then you may not have a claim of medical malpractice for your birth injury. However, if this review proves that the healthcare provider did breach his or her duty of care, then you may be able to pursue damages under a medical negligence or malpractice claim.
FILING A MEDICAL MALPRACTICE CLAIM
Contact an Experienced Attorney
The first step to filing a medical negligence claim is to get in contact with an experienced attorney who has experience dealing with birth injury lawsuits in El Paso. Our attorneys at Zinda Law Group are skilled in this area and may be able to help you with your claim. While you don’t need an attorney, it is in your best interest to be represented by someone with the proper expertise. Medical negligence claims dealing with birth injuries can be complicated and you want a professional in your corner to help along the way.
Learn More: Why Hiring a Lawyer Will Help Your Case
Once you have representation, your attorney will help you investigate what happened, whether there is enough evidence to bring a claim, and an appropriate amount to seek in terms of compensation. Our attorneys at Zinda Law Group want to do whatever we can to make sure you are able to seek the maximum amount of compensation you may be entitled to.
The final step in filing a birth injury claim or medical negligence claim is most likely an out-of-court settlement. Many cases end in settlement rather than going to court and in a lot of ways victims prefer this resolution. A settlement is where the responsible part will offer to pay a certain amount of damages in exchange for not having to go to trial over your claim. However, ultimately, it is your decision whether or not to accept a settlement offer from the responsible party. An attorney can help advise you on this decision and may be able to help you determine whether to settle or move forward with a lawsuit.
BIRTH INJURY CLAIM COMPENSATION
Birth injury claims may warrant both economic and non-economic damages. Economic damages compensate you for bills and other expenses that are easily quantifiable. Economic damages include:
- Medical bills
- Lost wages
- Other incidentals
Non-economic damages are typically calculated by multiplying your medical bills by a number anywhere between 1 and 5. The multiplier depends on the severity of the birth injury and its effect on the infant’s life moving forward. Non-economic damages include:
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
Learn More: How to Calculate the Value of Case
STATUTE OF LIMITATIONS
In general, under Texas law, you have two years from your injury to file a personal injury claim. This is known as the statute of limitations. The statute of limitations sets the time limit in which you can file a claim for compensation after you or a loved one has suffered a personal injury. If you fail to file your claim within this time period, you may be barred from recovery altogether.
It is important to note, however, that in Texas, medical malpractice claims are subject to a 10-year statute of repose. This bars medical malpractice claims filed more than ten years after the negligent act or omission occurred. This is more likely to affect a minor child who wants to file a lawsuit on behalf of themselves once they get older. When parents are filing a medical malpractice claim for a birth injury on behalf of their infant, it is more likely they will discover the injury quicker.
WHAT MAY ZINDA LAW GROUP HELP
Having an infant child suffer a birth injury at the hands of a healthcare provider can be a traumatic experience. As attorneys, we may help make sure the legal process goes a lot more smoothly. The last thing that any parent or victim needs is the burden of haggling with insurance companies about money or communicating with the responsible party. Having an attorney may be able to lighten this burden and heighten your chances of receiving the maximum compensation you may be entitled to. The attorneys at Zinda Law Group have extensive negotiation experience. If ultimately you are not extended a settlement offer that feels right to you, our team has the tools to advise you on your options going forward. These options include filing a lawsuit or even going to trial.
Our El Paso lawyers at Zinda Law Group help victims get their lives back on track after suffering an injury by helping them build a strong case against the responsible party. Our lawyers have the negotiation strategies necessary to help you pursue the maximum compensation you may be entitled to. We never want anyone to feel like they can’t afford excellent representation. That is why our attorneys work on a contingency fee basis. This means that unless we secure you appropriate compensation for your injuries, you don’t owe us any money. You only need to pay us once you get paid yourself. You can call our office today at (800) 863-5312 to speak with a personal injury lawyer for free about your claim.
Meetings with attorneys by appointment only.