Brain Damage at Birth Lawyer

Contact the Carlson Law Firm About Your Brain Damage at Birth Injury Case

White Phone Icon Image
Call 866-802-9571
Location Arrow Icon
Find a Location
White Envelope Icon Image
Contact Us

Serving Victims of Brain Damage at Birth

Brain damage sustained during labor or delivery can have lifelong consequences. Because the newborn brain is still developing, it is especially vulnerable to oxygen deprivation, trauma and untreated medical complications.

Some neurological injuries occur despite appropriate medical care, but others may result from preventable errors during pregnancy, labor or post-delivery treatment. When a child is diagnosed with neurological impairment following birth, a brain damage at birth lawyer can evaluate the circumstances of your case and determine legal options.

San Angelo Car Accident lawyer

What Is Brain Damage at Birth?

Brain damage at birth refers to injury to a newborn’s brain that occurs before, during or shortly after delivery. The extent of birth injury depends on the cause, severity and duration of the event. Common situations of birth-related neonatal brain injury in Texas may include:

  • Reduced blood flow
  • Untreated infection
  • Oxygen deprivation
  • Physical trauma during delivery
  • Delayed resuscitation
 

Some birth injuries may be identified immediately. In others, symptoms may not become apparent for months or years as developmental milestones are missed. A birth injury lawyer can help to understand the circumstances surrounding your child’s birth and whether or not there was birth-related brain injury malpractice.

Causes of Birth-Related Brain Injury

Brain damage during childbirth may result from a range of complications, including:

Oxygen Deprivation

When the baby does not receive adequate oxygen, brain cells may begin to die within minutes. Prolonged oxygen deprivation may lead to permanent neurological impairment. A hypoxia birth injury lawyer can determine if malpractice led to a lack of oxygen during birth.

Traumatic Delivery

Excessive force during instrument-assisted delivery or difficult vaginal delivery may contribute to brain injury, specifically if intracranial bleeding occurs.

Untreated Infections

Maternal or neonatal infections that are not treated as soon as possible may increase the risk of neurological damage.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a specific form of brain dysfunction caused by reduced oxygen and blood flow. Any time of hypoxic-ischemic encephalopathy can result in lasting consequences.

Each birth injury case requires careful review of the medical circumstances surrounding labor and delivery by a brain damage at birth lawyer.

Signs of Brain Injury in Newborns

We Care. How can we help?

In some cases, concerns arise immediately following delivery. Signs of brain injury may include:

  • Low Apgar scores
  • Abnormal muscle tone
  • Need for resuscitation
  • Seizures
  • Feeding difficulties
  • Admission to the neonatal intensive care unit (NICU)
 

Other effects are not always obvious in the first hours or days of life. As a child develops, missed milestones may become the first indication that something is wrong. Parents may notice delays in sitting, crawling or walking.

A child with brain injury at birth may also face difficulty with coordination, speech delays or learning challenges. Certain impairments may not fully manifest until later stages, so continued medical observation and developmental screening are important. Early identification can affect treatment planning and long-term outcomes.

Long-Term Consequences of Neonatal Brain Injury in Texas

Get Our Injury Claim Process Sheet

The long-term effects of brain damage at birth vary depending on the severity and location of the injury. Possible outcomes may include:

  • Cerebral palsy
  • Behavioral challenges
  • Motor impairment
  • Learning disabilities
  • Seizure disorders
 

Some children may require lifelong medical support, therapy and specialized education services for neonatal brain injury in Texas. A brain damage at birth lawyer can determine whether malpractice led to the birth injury.

Video: How Can a Brain Damage at Birth Attorney Help?

Evaluating a Brain Damage Birth Injury

Birth injury claims involving brain damage are generally pursued as medical malpractice cases under Texas law. To establish liability, a claimant must demonstrate:

  • A healthcare provider owed a duty of care
  • The provider breached the accepted standard of care
  • The breach caused brain injury
  • Damages resulted
 

In many cases, expert testimony is essential to determine whether earlier action could have altered the outcome. Texas Civil Practice and Remedies Code 74.351 requires plaintiffs to serve an expert medical report early in litigation explaining how the standard of care was allegedly violated.

Erb's palsy birth injury
Attorney Craig Carlson Consulting Clients

Statute of Limitations for Birth-Related Brain Injury in Texas

Medical malpractice claims in Texas are generally subject to a two-year statute of limitations for filing. Claims involving minors may be governed by modified deadlines under Code 74.251 of Texas Civil Practice and Remedies. These cases typically involve detailed analysis of:

  • Timing of medical intervention
  • Neonatal treatment
  • Fetal monitoring records
  • Delivery decisions
  • Diagnostic imaging
 

Because neurological impairments may not be fully diagnosed immediately, determining the appropriate filing deadline can require careful review of medical records and timelines by a brain damage at birth lawyer.

Potential Compensation in Brain Injury Cases

If negligence contributed to brain damage at birth, compensation may include:

  • Assistive technology
  • Special education services
  • Non-economic damages subject to Texas statutory caps
  • Past and future medical expenses
  • Home modifications
  • Lost earning capacity
  • Rehabilitation and therapy costs
 

Texas law limits non-economic damages in medical malpractice cases under Civil Practice and Remedies Code 74.301. The severity of neurological impairment and projected lifetime care needs often play a role in evaluating damages.

Erb's palsy birth injury lawyer
Erb's palsy malpractice

Legal Review by a Brain Damage at Birth Lawyer

Some situations that may lead to families seeking legal evaluation are:

  • Emergency intervention was delayed
  • Seizures occurred shortly after birth
  • Developmental delays were later linked to birth complications
  • Fetal distress was documented but not promptly addressed
  • The infant required resuscitation
 

A brain damage at birth lawyer can evaluate the circumstances in your case and determine whether improper medical care contributed to a birth injury.

Brain Damage at Birth FAQ

No. Some neurological injuries occur despite appropriate medical care. A birth-related brain injury malpractice claim arises only if a provider failed to meet the accepted standard of care and that failure caused injury.

Yes. In some cases, brain injury sustained during birth may result in cerebral palsy. However, not all cases of cerebral palsy are caused by birth-related brain damage.

Potential compensation for neonatal brain injury in Texas may include medical expenses, therapy costs, long-term care needs and non-economic damages subject to Texas law.

Diagnosis may involve neurological examination, developmental assessments and imaging studies like an MRI over time.

A two-year statute of limitations is generally provided for Texas birth-related brain injury malpractice claims, with modified rules for minors under Texas Civil Practice and Remedies Code 74.251.

About The Carlson Law Firm

What it means to hire a compassionate Birth Injury Lawyer
Integrity

Our compassionate legal team will handle your case with sound judgment, honesty and dependability.

Community

We have strong ties to our community, which drives us to work tirelessly to get our clients the favorable outcomes they deserve.

Results

Our attorneys consistently achieve some of the largest verdicts and settlements in the country.

Speak with a Brain Damage at Birth Lawyer

A diagnosis of brain injury can raise difficult questions about what occurred during labor or delivery. If you suspect that preventable medical errors contributed to your child’s condition, reviewing the medical records could provide clarity.

A birth injury lawyer at The Carlson Law Firm can evaluate the circumstances of your child’s birth and discuss the legal options that may be available under Texas law for birth-related brain injury malpractice.

Carlson Law Firm logo seal shape

There's a CARLSON LAW FIRM Near You

With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

Find a location near you

free consultation

Ready to get started?

Get a FREE consultation