We often like to remind our readers that time is of the essence when it comes to birth injury and medical malpractice claims, as there are laws in each state regarding periods when lawsuits can be filed.
The last thing you need if your child has suffered birth injuries is to be turned down by the legal system because of outrageous tort reform laws.
Unfortunately, earlier this year, the Texas Supreme Court upheld state tort reform laws, which ban medical malpractice lawsuits from being filed more than 10 years after an injury takes place.
The ruling came after a teenager was born with severe brain damage and her parents failed to act on her behalf over her birth injuries. According to the Austin Statesman, the girl attempted to sue an El Paso doctor and hospital after her mother failed to do so in a reasonable period of time.
Madeline Rodriguez argued in her case that children under the age of 18 cannot file suit in Texas and must have an adult acting on their behalf when attempting to file a malpractice claim.
Rodriguez’s mother reportedly filed a notice that she intended to sue the doctor and hospital in 2004, but failed to file the lawsuit until 2011. Rodriguez’s injuries occurred during her birth, seven years prior to the 2003 tort report law passing.
Sadly, the Supreme Court ruled that laws guaranteed by the Texas Constitution’s open-courts provision, which allow for children who do not have an adult acting on their behalf to sue as an adult, only apply to people who are “diligent in bringing suit.”
How Can I Speak to the Attorneys at Cappolino Dodd Krebs LLP About a Birth Injury Lawsuit?
As this case shows, you need to act quickly if your son or daughter suffers injuries during birth. You can do this by contacting our attorneys, who can review your case and determine a proper course of action.
If your son or daughter suffers birth injuries, he or she may require costly rehabilitation and therapy, which can be paid for by compensation obtained through a lawsuit. Our attorneys serve clients nationwide, and we can determine if your case meets each individual state’s time guidelines.
One of our partners, Dr. Ryan A. Krebs, M.D., J.D, is a medical doctor whose combination of medical and legal knowledge is unrivaled. Let us investigate your case and determine if you may be eligible for damages.
[Did You Know: Brain damage can occur during birth when oxygen levels and decreased blood flow affect the organ.]
Cappolino Dodd Krebs LLP – Birth Injury Attorneys
