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Liability of Doctors and Hospitals
If something goes wrong during childbirth, and you or your child are injured, you may have legal grounds to file a claim to sue the doctor, hospital, or healthcare organization responsible for that harm. Who to sue varies from case to case, and is best determined by an attorney experienced in this area of litigation.
Standard of Care in Birth Injury Cases
One phrase you will hear often in birth injury litigation is “the standard of care for physicians.” This simply means that the physician breached a duty of care. It is conduct that misses the mark of acceptable medical care as set by the medical community at large. In birth injury trials, one thing the jury will decide is whether the physician or hospital’s conduct was reasonable given the customary practice among other physicians and hospitals.
Statute of Limitations in Texas
In Texas, the statute of limitations in many civil injury cases is two years (from the date of injury, date injury was discovered, or from the date of death). Application of the limitations statute for bringing lawsuits is complex and best evaluated by an attorney familiar with civil trial law. For the most accurate determination of how long an individual has before their ability to bring a civil action expires, contact an attorney at Aldous \ Walker LLP.
