Injuries to infants during labor and delivery include cerebral palsy and shoulder dystocia. These are devastating injuries with a lasting impact on the children and families involved. Evaluation of these types of medical malpractice cases involves the utilization of experienced physician experts to guide our litigation strategies. In fact, the filing of a medical malpractice lawsuit needs to be accompanied by the formal declaration of an appropriately-credentialed expert confirming a lack of due care on the part of a physician or hospital (or both), and a confirmation that said lack of due care caused harm. Medical malpractice cases in Texas are also unique in that they must be filed within 2 years from the date of the alleged malpractice – although some exceptions do apply.
Another unique feature of medical malpractice cases is a “cap” on non-economic damages of $250,000, which is dramatically unfair when you consider how infants in particular can be resigned to a lifetime of suffering as a result of negligent medical care. Unfortunately, whether you are harmed for life or even killed by medical malpractice in Texas, your compensation for non-economic damages is capped at $250,000. You should also know that in this age of tort reform and (false) claims of an epidemic of “frivolous” lawsuits against medical providers (perpetrated by the insurance industry), these cases are vigorously defended and extremely difficult to win at trial, with recent statistics reflecting that only 14% of all medical malpractice cases taken to trial result in verdicts for injured plaintiffs.
These are not easy cases, and the potential for meaningful financial recovery is often limited, meaning not every case is capable of being pursued. Nevertheless, obtaining compensation is often a secondary consideration in these cases to obtaining justice or protecting others from similar wrongdoing. We understand that, which is why we continue to pursue select medical malpractice cases despite the numerous obstacles to recovery referenced above. If you or someone you love has suffered a birth injury, let us know.