Dallas Birth Injury Lawyer

Commonly Asked Questions

What Are the Long-Term Effects of Birth Injuries?

The long-term effects of birth injuries can vary widely depending on the type and severity of the injury. Some birth injuries, such as fractures or facial bruises, may heal without long-term consequences. However, more serious injuries, such as cerebral palsy or permanent nerve damage, can lead to lifelong disabilities and medical complications. Children with birth injuries may require ongoing medical care, physical therapy, and support services to manage their conditions and maximize their quality of life.

How Common Are Birth Injuries?

The prevalence of birth injuries varies depending on factors such as the specific injury, delivery method, and overall health of the mother and baby. While some birth injuries are relatively rare, others, such as brachial plexus injuries or fractures, occur more frequently. Estimates suggest that birth injuries occur in around 6 to 8 out of every 1,000 live births in the United States, with some studies indicating higher rates in certain populations or regions.

What should I do if I suspect my child has suffered a birth injury?

If you suspect your child has suffered a birth injury, it's important to seek medical attention immediately. Document any symptoms or concerns and consult with a healthcare professional for a thorough evaluation.

Who Can Be Held Liable for Your Birth Injury Claim?

If something goes wrong during childbirth, and you or your child are injured, you may have legal grounds to file a claim to sue:

• The doctor
• The hospital
• Or the healthcare organization responsible for that harm

Who to sue varies from case to case, and is best determined by a Dallas birth injury attorney experienced in this area of litigation.

What Is the Standard of Care in Birth Injury Cases?

One phrase you will hear often in birth injury litigation is “the standard of care for physicians.” This simply means that the physician breached a duty of care.

It is conduct that misses the mark of acceptable medical care as set by the medical community at large. In birth injury trials, one thing the jury will decide is whether the physician or hospital’s conduct was reasonable given the customary practice among other physicians and hospitals.

What types of damages can be claimed in a birth injury lawsuit?

In a birth injury lawsuit, you may be able to claim various types of damages, including medical expenses, rehabilitation costs, pain and suffering, and loss of future earnings. The specific damages will depend on the circumstances of each case.

Was My Child’s Birth Injury Preventable?

We can’t say without looking at your specific case—but many birth injuries are avoidable. Even if your doctor told you otherwise, it’s important to hear a legal perspective.

At Aldous \ Walker, we keep a nurse on staff so we can help our clients in these types of complex medical cases. The sooner you get legal help, the better chance you will have at securing the level of compensation you deserve.

What Is the Statute of Limitations in Texas on Birth Injuries?

In Texas, the statute of limitations in many civil injury cases is two years from:

• The date of injury
• The date the injury was discovered
• Or the date of death

Application of the limitations statute for bringing lawsuits is complex and best evaluated by an experienced birth injury attorney.

What Legal Options Are Available for Families Affected by Birth Injuries?

Families affected by birth injuries may have legal options available to them, depending on the circumstances surrounding the injury. Medical malpractice laws allow individuals to seek compensation for injuries caused by negligence or substandard medical care. To pursue a medical malpractice claim, families typically need to demonstrate that a healthcare provider failed to meet the applicable standard of care, resulting in harm to the mother or baby. Consulting with a qualified attorney who specializes in birth injury cases can help families understand their rights and options for seeking justice and compensation.

How can I prepare for my first meeting with a birth injury lawyer?

To prepare for your first meeting with a birth injury lawyer, gather all relevant medical records, documents related to the birth, and any evidence of negligence you may have. Be ready to discuss your concerns and the impact the injury has had on your family.

Benefits of Hiring a Lawyer for a Birth Injury

Birth injuries can be emotionally devastating for parents or family members tasked with caring for the injured person. That’s why birth injury lawyers exist—we are able to hold the responsible parties accountable through the legal system.

Our Dallas birth injury lawyers understand the laws governing birth-related medical malpractice and can help you and your family navigate potential court proceedings. Our dedicated legal team will strive to obtain justice and financial compensation to aid in any necessary care that may have resulted from the birth injury.

For the most accurate determination of how long you have before your ability to bring a civil action expires, call the Dallas birth injury lawyers at Aldous \ Walker LLP at (214) 307-6307.