If your child has suffered a birth injury in Fort Worth, TX, you and your family deserve to be compensated by the medical professionals responsible for the harm they’ve caused. You may have a case to obtain compensation for your losses, such as medical bills, out-of-pocket expenses, pain and suffering, emotional distress, and more. Our Fort Worth Birth Injury Lawyers at Anderson Injury Lawyers can help you, call us at (817) 294-1900.
Anderson Injury Lawyers is one of the most well-respected personal injury law firms in the greater Dallas-Fort Worth area. Since our law offices were opened up in 2007, we have collected more than $100 million on behalf of our clients. We’re confident that our Fort Worth birth injury lawyers can achieve a favorable outcome for you and your child.
For more information, contact us or send us an online message. We offer a free initial consultation to review the facts and circumstances of your case.
How Anderson Injury Lawyers Can Help After a Birth Injury in Fort Worth, TX
Birth injuries are almost always traumatic experiences for the entire family. These events should never occur. Unfortunately, they occur far too often in Fort Worth, Texas, and throughout the United States. When these accidents happen, you might not be sure where to turn for help, considering everything on your plate.
One thing you don’t have to worry about is how you’ll seek financial justice for your child’s birth injury. When you hire the Fort Worth personal injury attorneys with Anderson Injury Lawyers, you can rest assured that you’ll have a team of fearless, zealous advocates who care about you and your child personally. We’ll work to help you by:
- Hiring experts to analyze the circumstances surrounding your child’s birth injury, including expert witnesses to testify on your behalf at trial if need be
- Handling all communicating and negotiating with the other party to your case
- Apprising you and your family of your legal options as your case progresses
- Internally investigating your case to collect evidence and determine the complete extent of your damages
To get started with forming an attorney-client relationship, contact us today. Your initial consultation is completely free and without obligation.
An Overview of Birth Injuries in the United States
A birth injury refers to a physical injury that a child suffers as they are born. Birth injuries can be fatal. The Centers for Disease Control and Prevention (CDC) reports that nearly 20,000 infants died in the United States in the year 2020.
The infant mortality rate in the United States is currently 5.4 deaths per 1,000 births. Texas had nearly 2,000 infant deaths in 2020, and the mortality rate is just under the national average at 5.29 deaths per 1,000 births. The CDC notes that the top five causes of infant mortality are:
- Birth defects
- Preterm births
- Sudden infant death syndrome
- Injuries such as suffocation
- Maternal pregnancy complications
Death is the most extreme form of a birth injury, but there are many other types of birth injuries that can occur that are less severe.
What Causes Birth Injuries?
Birth injuries can result in a variety of situations. Stanford Medicine states that some of the primary causes include:
- Large babies
- Cephalopelvic disproportion
- Prolonged labor
- Abnormal birthing presentation
- Maternal obesity
Unfortunately, sometimes nobody is at fault for a birth injury; it might simply occur based on the circumstances surrounding the mother, baby, and pregnancy. However, in other cases, the birth injury was caused by the negligence of someone involved in the birthing process, usually a medical professional such as a doctor or nurse.
What Are Some Examples of Birth Injuries?
Some of the more common types of birth injuries include the following, according to Stanford Medicine:
- Brachial palsy
- Bruising or forceps marks
- Caput succedaneum
- Facial paralysis
- Subconjunctival hemorrhage
Our Fort Worth birth injury lawyers can help you obtain compensation for any and all of your child’s birth injuries that were caused by someone else. Reach out to us for legal advice and assistance today.
Who Can Be Held Liable for My Child’s Birth Injury in Fort Worth?
Most birth injury cases fall under the category of medical malpractice. Medical malpractice occurs when a doctor fails to adhere to the professional standard of care given the circumstances, causing harm to the child as a result. If a defective product is the cause of the birth injury, you may have a product liability case instead.
Some doctors and medical professionals are independent contractors. If that is the case in your situation, you’ll file your lawsuit against the person directly in most instances. If the person responsible is considered an employee, on the other hand, you might have a case against the hospital or healthcare provider under a vicarious liability lawsuit.
Medical malpractice lawsuits are similar to negligence lawsuits (most personal injury cases are founded on negligence) in terms of the elements that must be proven:
However, a key difference is that medical professionals are held to a higher standard of care when performing medical procedures. Part of proving your case will entail evaluating how the “reasonably prudent” doctor or medical professional would have acted given the same circumstances. If they would have acted differently, the professional in your case may be held liable for medical malpractice.
Each birth injury case is unique and involves a different set of facts, so there is no “one size fits all” medical malpractice claim. That’s one reason why we dedicate extensive resources to internally investigating every case we take on. Our pursuit of compensation will be tailored to the facts of your situation.
How Valuable Is My Fort Worth Birth Injury Case?
Birth injury cases tend to be relatively valuable, considering how young the child is and how much life they still have ahead of them. The value of your birth injury case will hinge on the circumstances surrounding the incident. However, factors do exist that generally influence how much most birth injury cases are worth. These include, but are not limited to:
- Whether the infant will make a full recovery from their injuries
- The type and severity of the injuries sustained
- The terms and conditions of any applicable insurance policies, such as health insurance
- How much the birth injury has impacted you and the rest of your family
The birth injuries that are the most serious and have the greatest impact on the child and family’s day-to-day life tend to be worth the most. We’ll explore every possible avenue of compensation so that you and your loved ones can be made whole when you hire Anderson Injury Lawyers to represent you.
What Compensation Can I Receive After a Birth Injury in Fort Worth, Texas?
You can aim to collect economic, non-economic, and potentially punitive damages after a birth injury in Fort Worth.
Economic damages represent losses such as:
Non-economic damages make up for losses like:
- Pain and suffering
Notably, there is a $250,000 cap on non-economic damages in medical malpractice cases against a physician or healthcare provider in Texas.
Punitive damages, also referred to as exemplary damages, may be available in rare cases where the defendant has acted especially recklessly. These damages are also capped in Texas at either $200,000 or twice the amount of economic plus non-economic damages up to $750,000, whichever is greater. Punitive damages “punish” the at-fault party for their behavior.
How Much Time Do I Have To File My Birth Injury Lawsuit in Texas?
The statute of limitations in Texas sets deadlines for when lawsuits must be filed. Be sure to file your lawsuit on time, or you’ll forfeit your right to compensation.
For medical malpractice cases, you’ll have two years from the date of the injury to file your lawsuit. There are some exceptions to this deadline, however, such as if you intend to sue a governmental entity or if the person you intend to file suit against leaves the state.
Feel free to reach out to us with any questions you may have about the statute of limitations deadline in your case.
Schedule a Free Consultation With a Trusted Fort Worth Birth Injury Lawyer
You and your family are likely going through an incredibly difficult time after a birth injury in Fort Worth, Texas. The primary focus should be on the well-being of the newborn, but the consequences of the injury may be putting immense stress on everyone involved.
You won’t have to worry about pursuing financial justice when you hire Anderson Injury Lawyers to take on your case. Our Fort Worth birth injury attorneys are some of the most experienced and well-respected in the area. We can put our extensive resources and track record to work for you today.
In addition, our personal injury law firm works on a contingency fee basis, meaning it won’t cost you anything upfront to hire us. We’re incentivized to help you collect as much compensation as possible, and you’ll be able to take advantage of our legal services even if you’re in a tough spot financially.
Send us a message online for more information.