Texas Birth Injury Lawyer
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Compassionate Birth Injury Lawyers
Birth injuries are often the result of the medical neglect of a mother and baby during childbirth. They are some of the most devastating injuries a family can suffer. The distress and emotional shock of a birth injury can leave you searching for answers and wondering how you’ll provide lifelong care and support for your child. If your child is living with a physical or developmental disability and you believe it results from medical negligence, contact our experienced Texas Birth Injury Lawyers at The Carlson Law Firm to discuss your legal options.
Fearless Representation from Compassionate Birth Injury Lawyers
Clients of The Carlson Law Firm receive legal representation from an attorney with decades of experience handling complex matters like birthing injuries. Even with the state’s strict medical malpractice caps, our attorneys have a strong record of recovering enough money to cover your child’s lifelong care. We’re unafraid to stand up to hospitals in the courtroom if we cannot reach a fair settlement.
Our firm offers a unique experience to each of our clients. When you work with a Carlson Law Firm attorney, everyone on our team will have a vested interest in seeing your case resolved successfully. Our caring team of Birth Injury Lawyers will be available to answer your questions when you need us most.
Pursuing Birth Injury Medical Neglect
Birth injuries can completely alter the course of your life. Our Birth Injury Attorneys are here because birth injuries happen far too often. We will work hard to ensure those who have harmed your child are held responsible for the ongoing medical and care costs. Further, we will seek compensation on your behalf for your distress. Your family deserves justice for the wrong you’ve endured. We can help.
Common Birth Injuries in Texas
Birth injuries occur in 7 out of 1,000 births. Trauma can occur during pregnancy, labor, or post-delivery. Our Birth Injury Lawyers most often see the following pregnancy-related injuries:
- Excessive newborn jaundice
- Infant bleeding in the brain
- Nerve injuries
- Bone injuries
- Skin and soft tissue injuries
- Neurological disorders
- Obstetrical complications
- Skull fractures
The most common birth injury is a fractured collarbone. According to Stanford Children’s Health, collarbone fractures occur in as many as 15 in 1,000 live births.
Cerebral palsy is one of the most severe types of birth injuries that occur. Common injuries children with a cerebral palsy diagnosis experience include the following:
- 75% experienced pain due to their condition.
- 50% had an intellectual disability.
- 33% could not walk.
- 25% had epilepsy.
- 33% had a hip displacement.
- 25% of children with cerebral palsy could not talk.
- 25% had some sort of behavior disorder.
- 25% had issues controlling their bladder.
- 20% of children had a sleep disorder.
- 20% of children experienced problems with drooling.
- 10% were blind.
- One in every 15 children with cerebral palsy required tube feeding.
- One in every 25 children were deaf.
About Our Law Offices
Compassionate Texas Birth Injury Lawyers
Our compassionate legal team will handle your case with sound judgment, honesty and dependability.
We have strong ties to our community, which drives us to work tirelessly to get our clients the favorable outcomes they deserve.
Our attorneys consistently achieve some of the largest verdicts and settlements in the country.
Choosing the Right Birth Injury Lawyer
No other pain comes close to the pain of losing a loved child or watching them suffer preventable injuries. Often while you are dealing with your grief and pain, you may not even think about filing a birth injury lawsuit. The financial burden that results in the aftermath of a birth injury can lead to debt or a change in your standard of living. If another party is at-fault for your loved one’s death, consider contacting a Carlson Law Firm Birth Injury Lawyer to discuss your legal options.
Who Can Bring a Claim?
Parents can file a birth injury claim up to two years from the date of diagnosis.
The injured child can file a claim until two years after their 18th birthday.
Types of Birth Injury Damages
Families may be able to recover economic damages such as:
- Medical bills
- Lost wages
- Loss of future income
- Funeral or burial expenses
Further, families may be able to recover non-economic compensation such as the following:
- Reduced quality of life
- Pain and suffering
Proving a Birth Injury Claim
To establish liability in a claim, the plaintiff and their Texas Birth Injury Lawyer will have to prove the following:
- The medical provider failed to act in accordance with the applicable standard of health care practice.
- A provider failed to use their best judgment in determining treatment or care
- The provider’s failure caused injury to the patient (either the pregnant person or the baby)
How We Can Help
Birth injury claims are often complex and require careful investigation to ensure surviving family members receive fair compensation.
Our Birth Injury Lawyers will be by your side to help you navigate the complex American legal system. We will work tirelessly through settlement talks and negotiations to ensure you receive the compensation you deserve.
What Should I Do if My Child Suffers a Birth Injury?
If you believe your child suffered a birth injury because of negligence or lack of care, you can help your attorney by documenting the course of events as soon as possible by gathering the following information:
- The full names and contact details of all physicians and medical professionals (including your OB/GYN)
- All medical facilities and hospitals you received pre-birth treatment and delivery of your child
- Details of all medical procedures (including ultrasounds, fundal height measurements, etc.)
- Details of all procedures performed and offered to you
- A timeline of events that lead up to, during, and after the delivery
- All prescriptions medications you were given or took leading up to the birth
- Any concerns you felt during your pregnancy, labor, or birth
Finally, schedule a free consultation with a Birth Injury Lawyer at 800-359-5690 to determine what accountability the hospital and staff may be liable for. Our compassionate team is available 24/7 to help you understand your legal options.
Speaking to a Trusted Texas Birth Injury Attorney
There is never a moment when coping with the injury or death of a child is easy. Let our personal injury lawyers handle the legal aspects of your case so that you can focus on being with your family. If you believe that your loved one died due to another’s negligence, wrongful act or neglect, we urge you to talk to a caring, experienced Texas Birth Injury Lawyer.
Call us at 800-359-5690.
FAQs: Birth Injury Lawsuit
How long does a birth injury lawsuit take?
Every birth injury lawsuit is different. Depending on the facts of your case and the medical facility’s willingness to negotiate a settlement, your case could take anywhere from a few months to several years. No matter what, a Birth Injury Lawyer from The Carlson Law Firm has the resources to see your case through until the end.
Who is responsible for a birth injury?
Determining responsibility for your child’s injuries can be difficult to assess independently. For example, many health care professionals may be involved in your and your child’s care. Negligent parties can be your
- Family physician
- Other medical staff
Our experienced Texas Birth Injury Lawyers can gather the evidence and review the facts of your case to determine the liable parties.
Can I get compensated for childbirth trauma?
Yes. Texas law allows anyone who suffered a traumatic experience during childbirth to file a claim for compensation—if the trauma was caused by medical negligence.
What is considered birth trauma for the mother?
Birth trauma for the mother, or birthing person, can be any physical or emotional distress you experience during or after childbirth.
What Are the Signs and Symptoms of a Birth Injury?
The signs and symptoms of a birth injury may not present themselves in the immediate aftermath of childbirth. In fact, some birth injuries may not show for 1-2 years into a child’s life.
While not all symptoms may indicate that your child sustained a birth injury, they may serve as a vital sign that some damage may have occurred.
The following signs may be an indication that a birth injury occurred in a child under 12 months:
- Arched back while crying
- Difficulty suckling, eating, or swallowing
- Excessive drooling
- Hand curled into claw-like shape
- High-pitched crying
- Low heart rate
- Low oxygen levels
- Loose or stiff muscles
- Sensitivity to light
- Weak reflexes
Additionally, it’s crucial to watch for after-delivery seizures or skull fractures. These can severely threaten your child’s health and result in permanent brain damage if medical staff fails to act quickly.
Symptoms for birth injuries in children 12 months or older include the following:
- Blindness, deafness, or muteness
- Delay in speech development and comprehension
- Developmental disabilities such as autism or epilepsy
- Difficulty eating, drinking, or grasping utensils
- Difficulty walking or crawling
- Inability to sit, stand, walk, or crawl without assistance
- Lack of muscle control or spasms (spasticity)
- Loss of bodily movements (ataxia)
- Intellectual disabilities such as low memory retention
- Poor hand-mouth and hand-eye coordination
- Stiff muscles (hypertonia)
- Tremors or shakiness
*If your child exhibits any of the above, please consult a doctor right away to get a diagnosis for your child’s condition and begin treatment or care.
Birth Injury Prognosis
Once a doctor has diagnosed your child’s birth injury, they can give them a projected outcome for their condition—or a prognosis.
In many cases, birth injuries vary in type and severity. As a result, your child’s prognosis can vary depending on several factors.
Birth Injury Treatment
The type of treatment your child receives for their birth injury depends on their specific needs. While some children require mild intervention throughout their lifetime, others may require long-term medical intervention.
Common treatments for birth injury conditions include the following:
- Occupational therapy
- Assistive devices
The above treatments can be costly. However, through a birth injury lawsuit, you may receive payment from the negligent party to pay for your child’s medical treatment. If you believe your child’s condition results from medical negligence during childbirth, schedule a free consultation with a Texas Birth Injury Lawyer.
How Long Do I Have to File a Birth Injury Lawsuit in Texas?
Generally speaking, to file any type of injury claim in Texas is two years from the date of the damage. However, there are some cases when that timeline is extended. It’s best to speak with an attorney to determine whether or not your claim can be filed.
How Can I Take Legal Action Against Preventable Birth Injuries?
An unfortunate reality is that birth injuries resulting from medical negligence are largely preventable. Careless and negligent mistakes leave children suffering for a lifetime. However, working with an experienced Birth Injury Lawyer in Texas can help your family pursue legal justice and hold the hospital that delivered your child accountable for their carelessness.
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