Hiring an experienced birth injury attorney is the first step in protecting your and your child's rights. We can ensure you and your child have the money to provide adequate medical care that may be necessary.
A birth injury refers to physical or neurological harm sustained by a newborn before, during or shortly after delivery. While some medical complications are unavoidable, others may result from preventable errors in prenatal monitoring, labor management or post-delivery care.
Under Texas law, birth injury cases are typically pursued as medical malpractice claims. These cases require demonstrating that a healthcare provider failed to meet the accepted standard of care and that this failure caused injury to the child.
Medical malpractice claims in Texas are governed by specific statutory requirements under Texas Civil Practice and Remedies Code Chapter 74, including early expert report deadlines and procedural safeguards.
Because these cases involve complex medical and legal questions, careful evaluation of records and timelines is often necessary before determining whether malpractice occurred.
If your child was injured during birth, it’s possible that they’ve suffered either brain or nervous system injuries. Often our injury attorneys see children that have suffered from oxygen deprivation or brain bleeds. These conditions can lead to severe physical and cognitive impairments and even death. For example, injuries to the nervous system may lead to immobility or facial paralysis.
Hiring an experienced birth injury attorney is the first step in protecting your and your child's rights. We can ensure you and your child have the money to provide adequate medical care that may be necessary.
Birth injury claims are subject to strict deadlines under Texas law. In most medical malpractice cases, Chapter 16.003 of the Texas Civil Practice and Remedies Code states that a lawsuit must be filed within two years from the date of the alleged negligent act or from the end of a course of treatment.
However, Chapter 74.251 states that claims involving minors may be subject to extended deadlines under certain circumstances. Texas law provides specific provisions governing claims brought on behalf of children injured at birth.
Missing a filing deadline can permanently bar recovery, even if the injury was severe. Because calculating deadlines in birth injury cases can be complex, families often benefit from reviewing their situation promptly.
Birth injuries vary in severity and long-term impact. Knowing what to look for can help parents identify potential birth injuries early and seek appropriate medical and legal assistance. Below are some of the conditions most frequently associated with delivery-related complications. Each condition may raise different medical and legal considerations.
Cerebral palsy is a neurological disorder affecting muscle tone, coordination and movement. It may result from oxygen deprivation, brain injury or complications during labor and delivery.
In some cases, cerebral palsy is linked to delayed emergency intervention, improper fetal monitoring or untreated maternal infections. When negligence contributes to oxygen deprivation or brain trauma, families may have grounds to pursue a cerebral palsy birth injury claim.
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. This complication can lead to nerve damage, oxygen deprivation or fractures if not managed appropriately.
Healthcare providers are trained to respond to shoulder dystocia using established maneuvers. Failure to recognize or properly address the condition may increase the risk of permanent injury.
Forceps are metal instruments shaped to cradle a baby’s head during assisted vaginal delivery. When used appropriately, forceps can help guide a baby through the birth canal in cases of prolonged labor or fetal distress. However, improper placement, excessive force or delayed decision-making may result in preventable injury.
Potential injuries associated with forceps use may include:
In some cases, complications from forceps delivery may contribute to long-term neurological conditions.
In birth injury claims involving forceps, the central legal question is often whether the provider used the instrument in accordance with accepted medical standards. If forceps were applied when a cesarean delivery was more appropriate, or if excessive force was used, liability may arise under Texas medical malpractice law.
Hypoxia refers to a lack of adequate oxygen supply. During childbirth, oxygen deprivation may occur if the umbilical cord is compressed, the placenta detaches prematurely or fetal distress is not promptly addressed. Even brief periods of oxygen deprivation can cause lasting neurological harm.
The brachial plexus is a network of nerves controlling movement and sensation in the shoulder, arm and hand. Excessive force during delivery, particularly in complicated births, may injure these nerves.
Brachial plexus injuries can lead to partial or complete loss of arm function.
Hypoxic-ischemic encephalopathy is a form of brain dysfunction caused by reduced oxygen and blood flow to the brain. HIE may result in developmental delays, motor impairment or long-term cognitive challenges.
Prompt diagnosis and therapeutic intervention are critical in cases involving HIE. Delays in recognizing fetal distress or performing necessary medical procedures may contribute to this condition.
Developmental delays may not become apparent immediately. Some children begin missing milestones months or years after birth.
When delays are connected to preventable complications during labor or delivery, families may seek legal guidance to evaluate potential claims.
Erb’s palsy is a specific type of brachial plexus injury affecting the upper arm. It may result from improper traction or excessive force during delivery.
Some children recover with therapy, while others experience lasting impairment.
Brain injuries sustained during delivery may arise from oxygen deprivation, trauma or untreated complications. The long-term impact can range from mild developmental delays to profound disability. Determining whether a birth-related brain injury resulted from negligence often requires review of fetal monitoring records, delivery procedures and postnatal care.
Vacuum extraction involves attaching a suction device to a baby’s head to assist during delivery. This method may be used when labor has stalled or when there are signs of fetal distress. Like forceps, vacuum extraction requires careful judgment and precise technique. Improper use of a vacuum device may result in injuries such as:
Some vacuum-related injuries resolve without long-term effects, while others may lead to lasting complications depending on severity and timing of medical intervention.
When evaluating potential negligence, factors may include whether the device was applied correctly, whether excessive traction was used and whether delivery should have proceeded by cesarean section instead. These cases often require detailed review of delivery records and fetal monitoring data.
Birth injury cases are medically complex. Evaluating whether malpractice occurred may involve:
Code 74.351 of Texas law requires claimants to serve an expert medical report early in the litigation process outlining the standard of care and how it was allegedly breached. These requirements make early investigation and expert review essential.
A birth injury is harm sustained by a newborn due to complications during pregnancy, labor or delivery. Not every injury is the result of negligence. Determining whether malpractice occurred requires review of medical records and expert analysis.
No. Some birth injuries result from unavoidable medical complications. A claim may arise only if a healthcare provider failed to meet the accepted standard of care and that failure caused harm.
Most medical malpractice claims must be filed within two years, though special rules apply to minors. Because deadlines vary depending on circumstances, legal review as soon as possible is important.
Compensation may include medical expenses, long-term care costs, therapy, assistive devices, lost earning capacity and non-economic damages subject to statutory limits.
If you suspect a preventable birth injury, preserving medical records and seeking legal guidance may help you understand your options. Early evaluation can also help ensure compliance with Texas filing requirements.
A birth injury lawyer can provide invaluable assistance if your child has suffered an injury during birth. They can help you understand your legal rights, investigate whether medical negligence or malpractice contributed to the injury, and build a strong case to pursue compensation. With expertise in handling complex medical evidence and navigating the legal process, a birth injury lawyer ensures you receive the support and financial resources needed for your child’s ongoing care and recovery.
Choosing the right lawyer for a birth injury case is crucial for ensuring the best possible outcome for your family. Here are some key steps to help you choose the right lawyer:
A preventable birth injury can have lifelong consequences. Understanding whether medical negligence played a role may provide clarity during a difficult time.
If you have questions about a possible birth injury in Texas, The Carlson Law Firm can review your situation and discuss the legal options that may be available under state law. Contact The Carlson Law Firm now to schedule a free consultation.
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.
