Birth Injury Lawsuit

Birth Injury Lawsuit

Any one who may have played a role in injuring your child may be held liable. Nurses, doctors, midwives, hospitals, specialists - any medical entity involved in the care of you and your child - may be held responsible for any injuries your child has suffered. If there was a medication problem (wrong dosages, missed dosages, wrong medications), the pharmacist or pharmacy may be held legally responsible. If the injury was caused by a defect in medical equipment, the manufacturer or distributor of the product may be held legally responsible. If you can trace the injury to your HMO, they can be held liable too. Different states have their own laws to regulate time limitations for lawsuits. These regulations are called the statute of limitations. Simply put: if you do not get your lawsuit filed on time, you lose your right to sue. This is why you MUST contact a birth injury lawyer the minute you suspect that something has injured your child! In Texas, parents have until the child turns 14 to file a birth injury lawsuit. Other states may have longer or shorter time restrictions, depending on their laws. Do you suspect that your child has been the victim of a birth injury? If so, contact a birth injury attorney right away to learn about your legal rights, options, and responsibilities.

What Happens During a Birth Injury Lawsuit?

Depending on the state where your child was born, a birth injury lawsuit can take several months to several years. Typically, our attorneys will file a lawsuit against any party who may have been responsible for your child's birth injury. Our lawyers may also notify the parties involved that you intend to file a lawsuit. At this point, the health care providers will contact their insurance companies who provide them with coverage for medical malpractice. They--the medical malpractice insurance company and the defense attorneys--will then design a defense. The first part of a lawsuit is the discovery. At this point, both sides will collect information. The opposing side will ask for your child's medical records and any other information they may feel is pertinent to the case. There will be questions--"called interrogatories". Your child will more than likely be required to undergo an Independent Medical Examination and an MRI. Any individuals who may have been involved in the suit will be questioned by the oppositions lawyer in a deposition. Many cases are settled during these first few stages of the lawsuit. Your lawyer will then negotiate and speak with you regarding amounts. You always have the final word regarding these amounts. If you decide to settle on a particular amount, then your lawsuit is over. If both sides cannot come to a settlement, then your case will go to trial. At trial, each side presents their case. A judge or a jury may determine the outcome of the case, in addition to damages necessary to compensate the family and the child for any injuries or harms suffered. At the Rasansky Law Firm, our birth injury attorneys are well-versed in strongly advocating for you and your child during this painful process. We have more than fifteen years of experience taking on medical insurance companies, medical malpractice insurance companies, device manufacturers and their insurance companies, as well as the necessary experience to argue forcefully, knowledgeably, and effectively at trial. Contact the Rasansky Law Firm online, or call our offices anytime at 1-877-659-1620 to discuss your child's situation with our experienced birth injury attorneys. In the complimentary consultation, our attorneys will review your experiences and situation and provide you information regarding your legal rights, options, and responsibilities.


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The Texas personal injury attorneys at Rasansky Law Firm represent clients throughout Texas, including Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Garland, Houston, Kauffman, Lubbock, San Antonio and Tyler. Our personal injury lawyers handle a various types of personal injury claims, including automobile accidents, medical malpractice, birth injuries, nursing home abuse, product liability, defective products, premises liability, day care abuse, maritime injuries, workplace injuries, overtime pay, social security disability benefits and securities fraud.

Call (877) 659-1620 or contact us online for immediate assistance with your case today!.