Legal rights and options for families affected by birth defects
Families affected by birth defects have legal rights and options to seek justice and obtain compensation for the harm caused. Understanding these rights and options is essential in pursuing a birth defect lawsuit.
One legal option available to families is to file a medical malpractice claim if the birth defect is a result of negligence by healthcare professionals. Medical malpractice occurs when a healthcare provider fails to provide a standard level of care, resulting in harm to the patient.
Another option is to pursue a product liability claim if the birth defect is caused by a defective product, such as a medication or medical device. Product liability claims hold manufacturers, distributors, and sellers accountable for their defective products.
In some cases, families may also be eligible for compensation through a birth defect trust fund. These funds are typically established by pharmaceutical companies or other entities to compensate individuals harmed by their products.
Navigating the legal landscape can be overwhelming, especially when dealing with the emotional and physical challenges of a birth defect. That’s why it’s crucial to have a compassionate and experienced legal team by your side. At McKay Law, we can help you understand your legal rights and guide you through the process of pursuing a birth defect lawsuit.
Understanding the statute of limitations for birth defect cases in Texas
When considering a birth defect lawsuit, it is essential to be aware of the statute of limitations, which sets a time limit for filing a lawsuit. In Texas, the statute of limitations for birth defect cases can vary depending on the specific circumstances.
Generally, the statute of limitations for medical malpractice claims in Texas is two years from the date of the injury or the date the injury should have been discovered. However, there are exceptions for cases involving minors or cases where the injury could not have been reasonably discovered within the two-year period.
For product liability claims, the statute of limitations in Texas is generally two years from the date the injury occurred. However, there may be exceptions for cases involving minors, cases where the defect was not discoverable within the two-year period, or cases where the manufacturer engaged in fraudulent concealment.
It is important to consult with experienced birth defect attorneys like McKay Law as soon as possible to ensure you meet the necessary deadlines for filing a lawsuit. Failing to file within the statute of limitations can result in the loss of your right to seek compensation.
How McKay Law specializes in birth defect cases
At McKay Law, we specialize in handling birth defect cases and have a proven track record of success. Our attorneys have in-depth knowledge of the laws and regulations specific to birth defects in Texas, allowing us to provide exceptional legal representation.
What sets us apart is our personalized and compassionate approach. We understand the emotional toll that birth defects can have on families, and we are committed to providing support and guidance throughout the legal process.
Our team has extensive experience working with medical experts who can provide crucial insights and testimony to support your case. We collaborate closely with these experts to ensure a comprehensive understanding of the medical aspects of your birth defect lawsuit.
At McKay Law, we believe in open and transparent communication with our clients. We keep you informed every step of the way, providing updates on the progress of your case and answering any questions you may have.
When you choose McKay Law, you can trust that we will fight tirelessly to protect your rights and obtain the compensation you deserve. We have a proven track record of success in birth defect cases, and we are ready to put our experience to work for you.
The role of medical experts in birth defect lawsuits
Medical experts play a crucial role in birth defect lawsuits. Their specialized knowledge and expertise can provide valuable insights and help establish causation, liability, and damages.
In birth defect cases, medical experts can review medical records, conduct examinations, and provide opinions on whether negligence or other factors caused the birth defect. They can also estimate the long-term effects of the birth defect and the associated medical costs.
These experts can come from various medical fields, including pediatrics, obstetrics, genetics, and neonatology. Their testimony can carry significant weight in court and help support your case.
At McKay Law, we have established relationships with reputable medical experts who have experience in handling birth defect cases. We work closely with these experts to ensure a thorough and comprehensive understanding of the medical aspects of your case.
By leveraging the expertise of medical professionals, we can build a strong case on your behalf and increase your chances of success in obtaining the compensation you deserve.
Gathering evidence and building a strong case
Building a strong birth defect case requires a comprehensive investigation and gathering of evidence. It is essential to establish a clear link between the birth defect and the negligence or other factors that caused it.
At McKay Law, we have a team of skilled investigators who can gather medical records, interview witnesses, and collect other relevant evidence to support your case. We leave no stone unturned in our pursuit of justice.
In addition to medical records and witness statements, other types of evidence that may be crucial in a birth defect lawsuit include expert opinions, expert witness testimony, photographs, videos, and medical literature.
Our attorneys are adept at analyzing complex medical and scientific information and presenting it in a compelling manner. We work diligently to build a strong case on your behalf, ensuring that all necessary evidence is gathered and presented effectively.
By building a robust case, we maximize your chances of success in obtaining the compensation you deserve.