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Do You Have A Case?

"Do I Have a Case?" — Ask an Experienced Birth Injury Lawyer

If your child was injured during birth and you suspect medical malpractice was a factor, the first order of business is to establish that the definition of malpractice applies in your case. Verifying that malpractice took place means demonstrating that a health care provider acted unreasonably under the circumstances unique to that birth. An experienced birth injury attorney at Rush & Gransee, L.C., can facilitate this process for Texas families.

Confirming Negligence

There is no magic wand or cookie-cutter method for proving malpractice. A case-specific review of the facts of the case, including scrutiny by qualified medical professionals, will be necessary. Rush & Gransee, L.C., has a great deal of experience successfully screening potential birth injury claims. Our attorneys can pinpoint red flags that indicate an obstetrician, technician or hospital employee committed an error. Of course, we recognize the importance of a thorough investigation to confirm our impressions.

If we represent your child and you, the parents, we will enlist medical experts. These experts will be available to study the prenatal care, labor, delivery and postnatal medical records in light of up-to-date, widely acceptable obstetrical practices. We will likely arrange for preparation of a life care plan outlining probable lifetime costs of the birth injury. To help your own case, we will urge you to keep records of all interactions with medical providers. We will also ask you to keep a journal, keep receipts and otherwise stay on top of any documentation, including photos and handwritten notes, related to the birth and care of your child after birth.

Meeting Deadlines and Other Legal Requirements for Filing a Lawsuit

The plaintiff's lawyers at Rush & Gransee, L.C., are well-versed in how to comply with legal requirements for filing birth injury claims and lawsuits in Texas. Time limitations are stringent in this state. You may have heard that a birth injury claim can be filed up even years after the birth. While this may be true for the child's claim, the parents' claim for compensation for extra expenses raising the child has a two-year statute of limitations. For this reason, if you suspect that a birth injury may have been a result of negligence, contact an attorney sooner rather than later.

Appealing When Appeals are Appropriate

Once a lawsuit is filed, a trial judge will render a decision as to whether the expert report is valid. Even if a judge finds the case to have merit, Defendants have an automatic right to appeal and ask another court to throw out the case. These delays are often filed as an attempt to delay justice. A successful case may take a 2-3 years or longer. We work with top rated experts, top rated appellate lawyers, and fight the delays with full resources. Our proven track record in these fights is a testament to hard work and dedication. During this time, the attorney and clients will work closely with experts and continue to develop the case with updated documentation of the baby's development so when the day in court comes, we are fully prepared.

Understanding Your Options in the Event of a Birth Injury

If we represent you, we will advise you as we go of any options that may help your case succeed. We may seek second opinions. In addition for verifying whether medical malpractice occurred, we and the medical experts who assist with your case will also keep an eye out for any potential defective medical device claim if applicable.

Contact Our San Antonio Birth Injury Law Firm to Request a Free Consultation

The sooner after the birth an investigation gets underway, the more likely it is to provide ample information needed to build a strong case. Contact Rush & Gransee, L.C., by phone at 210-223-9200 or email us to arrange for a conversation with a lawyer.