Birth Injury Lawyer Houston, TX
Birth Injury Lawyer in Houston, Texas
A birth injury lawyer in Houston, TX knows that when you have a child, you should be happy and excited. But sometimes, there are risk factors or negligence when a baby is being born that can lead to birth injuries with long-term damage.
John K. Zaid & Associates has experience in many fields of law, with a philosophy that keeps us working hard for our clients and being transparent and truthful. There’s no lying about fees or costs, and we’re upfront about our expectations and what you should expect too. Let us help you grieve this injury, and we’ll help you figure out what happened—to process it—and demand compensation and that the medical staff or hospital correct their errors.
But what is a birth injury? This is an injury that’s usually physical and occurs when the child is born. Not every single birth injury is avoidable, but many are. We’ll help you determine if you have a case, we’ll make sense of the medical phrasing that’ll be used in your child’s medical documents.
What does my lawyer have to prove a lawsuit for a birth injury case?
Your birth injury lawyer in Houston, Texas is going to have to prove that your healthcare team was medically negligent. By doing this they will prove that the medical team and their negligence was directly responsible for the child’s birth injury. To do as your lawyer is going to gather several forms of evidence to support this claim, as in an exact timeline of events as they followed during childbirth, medical records and documents that prove medical professionals committed medical and practice.
Who can be sued for a birth injury that’s caused by medical malpractice?
Generally more often than not the defendants in a birth injury law case are going to be the medical staff that help to deliver your baby. This medical staff could consist of your obstetrician, nurse or any other medical personnel who can be deemed negligent with the care of your child during their delivery. Sometimes you may actually sue the hospital where your child was delivered.
What is the statute of limitations for a birth injury case?
Every case has a statute of limitations. And in general you should file as soon as you realize there’s an issue and you have a case. With the birth injury lawsuit filing sooner rather than later is going to be best. The statute of limitation is going to limit how much time you had to file your lawsuit from when the child sustained the birth injury and if you wait too long to decide to file past that time limit you may not be able to sue. Statutes of limitations for birth injury lawsuits are going to vary by each state and you should talk to your birth injury lawyer in Houston, Texas about limitations.
What is the difference between a settlement and trial?
Most birth injury lawsuits are going to resolve out-of-court with assignment. Birth injury settlements are going to allow the case to come to a quicker conclusion and turn to your family receiving compensation faster than in court. The amount of compensation that you are awarded is going to be different for each case, each case is going to vary in severity and your child’s type of birth injury. The estimated amount of their lifetime costs and other factors are going to play into this. Some birth injury cases will go to trial and a judge and jury will hear arguments from both legal teams, and decide who wins. The trial process may add a lot of time to your lawsuit and if your side loses you may not receive any money at all.
Reach out to your birth injury lawyer in Houston, Texas for all of your other questions. Knowing about birth injuries is the first step to suing for your birth injury. Keeping your child safe and knowing why they are born a certain way when they were supposed to be born perfect is important, even if you can’t use the money you earn, settlement to change your child’s outcome. It can make you financially stable and more able to take care of your child and their special needs.
What Are Risk Factors?
Understanding the risk factors that can cause birth injuries can help you to better understand what may have gone wrong.
- If the baby is large, there may be issues with having a natural birth.
- The baby is feet-first in the birth canal.
- The baby is born too early or prematurely.
- The size of the mother’s pelvis and birth canal can make it difficult to have a natural birth.
- The labor is difficult or long.
- The mother is overweight.
- The mother opts for or requires a Cesarean delivery.
- Devices such as vacuums or forceps are used to deliver the baby.
But what are some of the most common types of birth injuries?
- Swelling of the head.
- Bruising of the head.
- Bleeding underneath a cranial bone.
- Breakage of blood vessels in the infant’s eyes.
- Facial nerve injuries caused by pressure to the child’s face.
- Injury to the child’s brachial plexus nerves.
- Fracture of the clavicle or collarbone.
What Will a Birth Injury Lawyer Do?
The birth injury lawyers in Texas from John K. Zaid & Associates are experienced in dealing with lawsuits involving injuries at birth. Whether you or your baby were injured, we want to help you get the compensation you deserve. This should be a happy time for you and your family, and you certainly should not be responsible for additional medical care due to the negligence of someone else. Your doctor, nurse, the hospital, the pharmacist, or all of the above should be held responsible for their actions. We will seek compensation not only for the medical bills you have been forced to pay, but also for additional future bills we suspect you will have, as well as potential pain and suffering compensation for all of the trouble you have been put through. If applicable, we may also seek damages for lost wages due to missed work from the injuries sustained. Finally, some birth injuries affect a child for the rest of their lives. If this is the case, you deserve to be fairly compensated for this devastating fact. Money can’t bring back health, but it can take care of the bills that are sure to come along in the future. It can also help make things easier on your family, so we will seek as much compensation for you that we think is necessary.
Since birth injuries are particularly devastating personal injury cases, you should be sure to file for extra damages for pain and suffering, loss of companionship, loss of enjoyment of life, and even costs associated with therapy for you and your child. You may also need extra care in your home to assist with a disabled child, which should also be covered in the damages. Since we are seasoned birth injury lawyers, we know what to ask for in a case, and will be happy to help guide you throughout the entire process to get the compensation you deserve.
How Do You Prove Negligence in a Birth Injury Case?
Proving negligence in a birth injury can sometimes be difficult. This is why it is important to have a birth injury lawyer in Texas who has a lot of experience in the field. We know what kind of expert witnesses will be necessary to have, how to research the specifics of your case, and how to read the medical records to spot important issues to note in court. We will also investigate further if anything seems suspicious about your records and hire outside help if necessary. Negligence in a birth injury can sometimes be hard to prove, but we have a great track record and will be happy to discuss this with you further at our consultation. During a consultation, we will figure out if you might have a case and if we would be a good fit to work with one another. This way we can move forward quickly and with confidence to ensure you get compensation for everything you have been through.
Should You File a Medical Malpractice Claim?
When you are still reeling from your traumatic child birthing experience and know that your precious baby suffered from birth injuries, you are likely wondering whether you can file a medical malpractice claim. Medical malpractice and childbirth injuries are difficult because these injuries that can leave your child permanently injured could have been prevented. That said, medical malpractice is not necessarily as simple as other types of personal injury cases and you will need to work with different medical experts to show that the injuries inflicted on your child could have been prevented if it was not for the medical professional’s negligence.
Does that mean any unintended outcome is malpractice?
Not necessarily. Like any other medical procedure, childbirth can result in an outcome you were not hoping for, whether it is an injury to the mother or the child. In some cases, an injury is the only likely scenario. However, if the medical professional who was giving you and your baby care during the birthing process acted negligently or below the medical standard of care, this is when medical malpractice comes into play. A birth injury could be:
- Uncontrolled bleeding
- Bruising or lacerations
- Brain damage
- Leaving a medical instrument inside the mother
- Birth defects
These are only a few possibilities, but birth injuries can affect the child and/or the mother.
When does a birth injury happen?
Birth injuries can occur when a doctor fails to diagnose a problem or potential problem while the mother is pregnant or it can happen as the mother is giving birth. So, while your pregnancy may have been very healthy, the doctor may make a mistake right before or during delivery. For example, a baby could be cut with a surgical instrument during a cesarean section or they could be injured by tools the doctor uses during vaginal birth.
Who is responsible for bringing this case forward?
Although the victim in a personal injury or medical malpractice case is usually responsible for bringing a case forward, when the victim is a minor, the parents can bring it to a lawyer and proceed with the case. If you believe your child’s injuries during birth or in the womb were preventable, it is important you seek legal help from a trusted birth injury lawyer. They can help you gather evidence from your experience and speak with medical experts who can testify regarding what a competent doctor would do.
Types of Damages You Can Claim in a Birth Injury Case
Additional Medical Expenses
Following a birth injury, your child may need to undergo additional medical treatments. The expenses from these treatments could be submitted as part of a birth injury lawsuit. If you believe that your child’s medical conditions are a result of a birth injury, you will want to contact a birth injury lawyer in Houston, TX. John K. Zaid & Associates will be able to review the additional medical expenses you have incurred and help you determine if these expenses could be part of your case.
When a child is sick or injured, parents will often be required to miss work in order to care for them. Birth injuries often result in parents missing extended periods of time from work. If you plan to pursue a birth injury lawsuit, you will want to keep careful records of missed work and how that missed work translated into lost income. A birth injury lawyer in Houston, TX will evaluate this information to see how it could be a viable part of your lawsuit.
Depending on the severity of the child’s birth injury, it may prove necessary for your baby to go home with additional medical supplies. The cost of these supplies can put a strain on finances and should be considered an expense incurred from the birth injury. You will want to talk to a lawyer about which expenses can be considered as part of your case.
Future Medical Expenses
If the child sustained injuries that will cause long-term or lifelong disability, you may be able to claim future medical expenses. You will want to discuss this with both your doctor as well as your lawyer in order to fairly establish what types of future medical expenses could be expected.
Pain and Suffering of Your Child
The pain and suffering of your child can also be considered as damage in this type of case. Your lawyer will help you better understand how this is determined.
Lost Earning Potential of the Child
If your child’s injuries will result in a life-long disability, you may be able to claim the lost earning potential of the child as well. This is an important aspect of your case considering that your settlement would go toward the care of the child for years to come.
If you believe your baby was a victim of a birth injury, you will need a birth injury lawyer in Houston, TX to navigate the legal aspects of this situation. John K. Zaid & Associates can help.
4 Things To Look for in a Birth Injury Lawyer
Birth injuries can quickly turn what should be an exciting and beautiful time for a family into a nightmare. They may leave children with severe and lifelong disabilities and trauma, whereas the parents may face financial struggles. When a doctor, midwife, or hospital is responsible for these injuries, you should consider hiring a birth injury lawyer in Houston, TX. John K. Zaid & Associates may be able to help you receive compensation for your birth-related losses. To give you the best chance at compensation, here are four things you should look for when selecting a birth injury lawyer.
1. Demonstrates Experience
Finding a birth injury lawyer in Houston, TX, with experience in birth injury and other medical claims will help your odds of winning your case. Make sure you hire a lawyer that not only works with birth injury claims but also has a good track record with them. You want to feel confident that they understand the system and cases similar to yours.
2. Offers Free Evaluation
A good birth injury lawyer in Houston, TX, will offer a free case evaluation to help you decide if they are the right fit for you. At John K. Zaid & Associates, we will evaluate your case to determine if you have enough evidence for a malpractice claim. You can also ask any questions you have at that time, and we will do our best to help you feel confident and comfortable before moving forward.
3. Has Community Recognition
Community-wide recognition is an important aspect of any law firm. Before choosing a birth injury lawyer in Houston, TX, check their testimonials, online reviews, and look for any public awards and ratings. Doing this research will increase your confidence in them and give you an idea of how likely they are to win your case.
4. Provides Resources
A well-established law firm will have plenty of resources to help you along your journey. An extensive legal team, legal assistants, and nurse consultants can all be used to help you win your case. Providing these resources and making them easily available to you is a good sign that you are in the right hands.
Dealing with a birth injury claim can be stressful, but the right lawyer can help you find closure and understanding in your story. At John K. Zaid & Associates, we are confident in our ability to help you navigate this difficult time.
Contact Us Today
Let us help bring joy back into your life if you’ve had a child that’s suffered a birth injury. We’ll work with you, answer any questions that you have, and we’ll help you to get answers. Our prerogative is you and your family receiving the help you deserve. Mr. Zaid has dedicated his life to helping clients who experience injuries to their person, and he’s very active in the legal community in Texas—from the Texas Trial Lawyers Association to the American Association for Justice.
A birth injury lawyer in Houston, TX can help you determine whether your child’s birth injury was negligence, or unavoidable. John K. Zaid & Associates will take great care with handling your case, to ensure that we look at every possibility and determine who, if anyone, was at fault and how much compensation the family is entitled to. Reach out to a birth injury lawyer in Houston, TX, such as John K Zaid & Associates.
Understanding Different Types of Birth Injuries
Our birth injury lawyers in Houston, TX understand that having a baby is incredibly special. It’s a moment that’s never forgotten. However, babies are highly vulnerable when being born. Many things can go wrong, resulting in damage that can last for the rest of your child’s life. Therefore, it is critical that you use a reputable obstetrician. Here at John K. Zaid & Associates, we’ve compiled a list of a few common maladies that can occur, some of which may be triggered by medical malpractice.
The extent of harm to your baby’s brain depends on various factors, including the length of the trauma and what part of the head is affected. Causes of brain damage include a loss of oxygen, blunt force trauma, and infections. Your bundle of joy may make a full recovery or face long-term consequences.
This condition limits a person’s muscle control and is often accompanied by speech problems and developmental delays. While there is no cure for this condition, many adults with cerebral palsy live totally independent and fulfilling lives.
Individuals with Erb’s palsy experience paralysis of the arm, shoulder, or hand. It is caused by injury to the brachial plexus nerves during labor. Pulling on the baby’s neck or feet can cause this, as does the infant getting stuck underneath the pelvic bone. Although it is possible for children to make a full recovery even without treatment, others never gain mobility of their affected limb. You may want to discuss what can aid your child’s life with a birth injury lawyer in Houston, Texas.
Intrauterine Fetal Demise
More commonly known as stillbirth, an infant may expire for various reasons, including genetics or complications arising from simultaneously birthing more than one baby. Umbilical cord prolapse and poor maternal health are other contributing factors. This situation affects 1% of American women. If you have experienced this particular birth injury, it’s best to talk to an experienced birth injury lawyer today.
Upon birth, an infant’s skin may appear yellow. This could be a sign of high levels of bilirubin, a pigment that the body develops when it needs to replace blood cells. Most often, this condition clears up within 14 days. However, if the bilirubin is particularly high, permanent neurological damage can result. It’s best to consult your infant’s doctor for immediate care.
Spinal Cord Injuries
If a doctor is too rough with a baby when it’s entering the world, the spine can be damaged. The results are often catastrophic, from loss of movement within an arm or leg to complete paralysis. While spinal complications cannot be repaired, treatment is able to limit the fallout.
No matter what the condition of your baby’s health, your child is precious. Our birth injury lawyers at John K. Zaid & Associates have the best interests of your child at the center of our approach to each case. If malpractice caused your newborn to be harmed, you deserve compensation. Hire a birth injury lawyer in Houston, TX to litigate your case.