There is no easy answer to this question. However, that does not mean that you should not search for answers regarding the care, or lack of care, your infant received during labor and delivery. If the circumstances fall within the definition of medical malpractice, a claim could be pursued in a Texas civil court.
Every birth is unique, so it is unrealistic to believe that every case will fit into a tidy box. An attorney should be able to tell you whether there is reason to suspect that your obstetrician, nurse or other medical personnel made a mistake. Every aspect of the labor and delivery will need to be reviewed and analyzed to determine whether the care received by mother and/or child was substandard. A qualified medical professional should be brought in to render an opinion regarding whether errors were made that resulted in the injuries your child suffered.
Once it is determined that there is a viable claim, damages will need to be assessed. You can request much more from a Texas civil court than just current medical bills. There is much more to caring for a child with permanent and/or debilitating injuries than just medical care, and those expenses need to be projected as well.
Once the litigation process has begun, numerous deadlines will be imposed and actions will need to be taken. Your attorney will need to be diligent, compassionate and knowledgeable in medical malpractice to increase your chances of a successfully litigated claim. If the results are not what everyone expected, appealing the trial court’s ruling might be the next step. Of course, if there is a possibility of settlement without putting you through a trial, that option should be explored as well.
