Sadly, for the families of babies with birth injuries, everything is NOT bigger in Texas.
When preventable birth injuries happen, victims rightfully file claims to cover the costs of surgery, rehabilitation, and wrongful pain and suffering. Unfortunately, Texas doesn’t seem to care as much about suffering without a price tag attached. In this video, birth injury attorney Laura Brown discusses the unfair capping of medical malpractice cases in Texas, and why an experienced Texas attorney is so important to your case.
Texas law caps the recovery for people in a medical malpractice case on something called non-economic damages. In layman’s terms what that means is if there is pain and suffering, if there is loss of enjoyment of life, if there is mental anguish that the types of damages that aren’t established by a receipt or a bill, Texas caps those.
In my opinion arbitrarily and unfairly for somebody who’s severely injured. Babies, who have cerebral palsy as a result of a birth injury, can have significant contractures of their body where their arms and legs and muscles are really tight. That’s really painful.
Also they lose a lot of the normal qualities of life and it’s a major issue, but unfortunately in Texas those are just capped. So when a child in Texas suffers a birth injury, it’s very important to find lawyers experienced in handling cases like that, to understand how to develop a case, in order to maximize the types of damages that are recovered under Texas law, in order to help the family with medical expenses, rehabilitation expenses, and to better the child’s life and the family’s life together as much as possible.