Birth Injury Legal Options
When the birth of your child turns into a sad or painful experience because they are born with a birth injury, you can feel like a joyous experience has been forever ruined. Especially with birth injuries, it can be confusing as to why it happened. Was there something that the doctor could have done? How can I move on after my child’s injury? How do I start the process of making a claim? After your child has been diagnosed with a birth injury, one of the best steps you can make is having a legal ally who will help you get the compensation you and your child deserve.
A birth injury lawyer Houston, TX trusts can help Texas families and work hard to fight for your child’s right to a happy and healthy life. For more information on steps to take after your child has been diagnosed with a birth injury or to get in contact with one of our attorneys, call John K. Zaid & Associates and read on for more information.
Understanding a Birth Injury
What is a birth injury? A birth injury occurs when there is trauma to the baby during the labor or the delivery process. While some birth injuries can happen naturally, many times a doctor can cause a birth injury because they improperly used a delivery technique. In other cases, they might need assistance giving birth and turn to improperly using medical devices such as a vacuum or a forceps. In these cases, a baby can receive trauma to the brain through a lack of oxygen. A Houston, TX birth injury lawyer can evaluate your case to determine how your child’s birth injury was caused.
How to Prove Your Case
To prove your birth injury case, a birth injury lawyer must show that the medical providers at the hospital failed to give you or your child the reasonable standard of medical care during your pregnancy or during the birth of your baby. While each case is unique, there is certain evidence that is typically helpful to gather. You must show that the doctor failed to provide a reasonable standard of care.
- The defendant owed either you and/or your baby a legal duty of care.
- The defendant somehow breached this legal duty and failed to give the same standard of care to you or your baby that another reasonable, logical individual would have.
- The defendant’s breach of duty directly caused harm to you or your baby resulting in the birth defect.
Damages After a Birth Injury
When a child has been diagnosed with a birth injury, there are typically certain types of damages that can be awarded to either your child or to you. These are:
Child
- Medical bills
- Therapy bills
- Loss of life enjoyment
- Loss of future earning capacity
Mother
- Pain and suffering
- Emotional distress
How Our Attorneys Can Help
If your child has suffered from a birth injury during the labor or delivery process, an attorney from John K. Zaid & Associates can help you with your birth injury claim. We care about even the youngest of our clients and will walk you through the process of finding the evidence you need to establish your claim. For more information on how a birth injury lawyer Houston, TX clients recommend can help you and your family and to schedule a consultation, call our office today.