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.
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The birth of a child is meant to be a joyful experience, but complications can sometimes result in birth trauma or injuries. Childbirth is a complex medical process involving various professionals and many variables, and unfortunately, errors can occur. Medical errors during delivery are responsible for the death of nearly 4,500 children in the United States every year.Ā
Common medical mistakes that lead to birth injuries include:
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The long-term effects of these injuries on a child’s development and quality of life can vary based on the injury’s severity and type. Common birth injuries include cerebral palsy, Erbās palsy, brachial plexus injuries, and spinal cord or brain injuries, leading to physical impairments, developmental delays, cognitive deficits, and other lifelong challenges.
Additionally, birth injuries can significantly affect both the mother and child’s emotional well-being and finances. Families may struggle with ongoing medical expenses, loss of income, and emotional distress.
If your child has experienced a preventable birth injury in Texas, it’s crucial to understand your legal rights and options. Reach out to our Texas birth injury attorneys today.
If your child was injured during birth, itās possible that theyāve 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.
This is not an exhaustive list of injuries our birth injury lawyers handle. Contact us for a free consultation to discuss the specifics of your claim.
If you or your child were injured in one of the ways listed above, you may be able to pursue a birth injury lawsuit. We are considering clients whose child meets the following criteria:
Schedule a free consultation today.
Mental delays can occur when a birth injury is due to a lack of oxygen in the brain. These delays may show up as learning disabilities, or difficulties with memory, attention, and problem-solving. Early intervention and specialized care can help manage these challenges and support a child's growth. However, sometimes these delays are not fully known until age 3-5 years old or later, and the treatment for children facing these struggles can be drastically expensive.
Physical delays are common signs of a birth injury and may involve challenges with motor skills, coordination, or muscle control. These delays can result in difficulty crawling, walking, or grasping objects, often requiring physical therapy or other medical interventions to improve mobility and independence. The first signs may be delayed rolling over or your baby not moving one arm.
Injuries sustained during birth, such as fractures, nerve damage, or brain injuries can have immediate and long-term effects on a child's health and development. Signs of these injuries may include bruising, breathing difficulties, seizures, or muscle weakness. Prompt medical attention is crucial to address these issues and prevent further complications.
The emotional demands upon a family who were expecting a healthy child cannot be overlooked. Some are still able to eventually take their child home with them, and some are not. Some children and families face the burden of living with a lifelong injury due to the healthcare providers' negligence. The emotional rollercoaster that this often causes families is more than some can bare to deal with on their own. They need to get professional help, in addition to the help of maybe their family, friends, coworkers, or church. It's normal for parents to go through sadness, anger, anxiety and overwhelm.
When a traumatic birth results in injury, understanding the specific terms and conditions associated with birth injuries can be crucial for affected families. Birth injuries like hypoxia, cerebral palsy, and Erb’s palsy can have lifelong consequences, impacting a child’s physical and cognitive development. These terms can help families identify potential signs of birth injuries, seek appropriate medical care, and consult a birth injury attorney to explore their legal rights and options for pursuing compensation.
Hypoxia occurs when a babyās brain and other organs donāt receive enough oxygen during birth. This lack of oxygen can cause significant damage, leading to long-term developmental issues or disabilities. A traumatic birth, such as prolonged labor or complications during delivery, can increase the risk of hypoxia. If your child has suffered from hypoxia, consulting a birth injury attorney can help you understand your legal options for seeking compensation.
Signs of Trauma: Signs of hypoxia in newborns can include low Apgar scores, bluish skin (cyanosis), weak muscle tone, slow or absent reflexes, difficulty breathing, and seizures. Long-term signs may involve developmental delays, learning disabilities, and behavioral problems due to brain damage caused by a lack of oxygen.
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when the brain doesn’t receive adequate oxygen and blood flow, usually during a traumatic birth. HIE can result in severe and permanent neurological impairments, including motor dysfunction and cognitive delays. Itās crucial to recognize the signs early and seek medical and legal assistance. A birth injury attorney can help families navigate the complexities of HIE cases to secure necessary resources and support.
Signs of Trauma: Newborns with HIE may exhibit signs such as low muscle tone (floppiness), weak or absent reflexes, difficulty feeding, seizures, and reduced responsiveness. Long-term effects can include cerebral palsy, cognitive impairments, epilepsy, and other neurological disabilities, depending on the severity of the brain injury.
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture, often resulting from a brain injury like HIE during a traumatic birth. It can cause varying degrees of physical impairment and developmental challenges, affecting a child’s quality of life. If cerebral palsy was caused by medical negligence, a birth injury attorney could help you pursue compensation to cover medical expenses and long-term care needs.
Signs of Trauma: Signs of cerebral palsy often include abnormal muscle tone (either too stiff or too floppy), involuntary movements, difficulty with balance and coordination, delayed milestones like crawling or walking, and challenges with fine motor skills. These symptoms can vary in severity, impacting overall mobility and daily functioning.
Shoulder dystocia occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, often resulting in a traumatic birth. This condition can lead to serious injuries such as nerve damage or fractures. Immediate medical intervention is required to minimize harm. If shoulder dystocia was improperly managed, a birth injury attorney can assist in determining if medical negligence occurred and what legal actions may be necessary.
Signs of Trauma: Shoulder dystocia can cause immediate signs of injury, such as a visibly stuck shoulder during delivery, bruising, and swelling of the affected arm. Long-term damage might include nerve injuries like brachial plexus palsy, fractures of the collarbone or arm, and limited movement or weakness in the affected limb.
Brachial plexus palsy is a birth injury that involves damage to the network of nerves controlling the arm and hand, often due to a traumatic birth where excessive force is used. This injury can lead to weakness, loss of sensation, or paralysis in the affected arm. A birth injury attorney can provide guidance on how to seek compensation for medical treatments and therapies that may be required for recovery.
Signs of Trauma: Newborns with brachial plexus palsy may have an inability to move their shoulder, arm, or hand on the affected side, a limp or paralyzed arm, and decreased grip strength in the hand. Over time, this can lead to muscle atrophy and reduced arm functionality if not treated properly.
Erbās palsy is a type of brachial plexus palsy caused by nerve damage during a difficult or traumatic birth, such as with shoulder dystocia. This injury can result in arm weakness or paralysis, affecting a child’s ability to perform everyday tasks. Legal representation from a birth injury attorney can help families explore their rights and pursue compensation for medical care and rehabilitation.
Signs of Trauma: Erbās palsy typically presents as weakness or paralysis in the arm, a lack of muscle control in the arm or hand, and an inability to move the shoulder. The affected arm may also hang limply, and there could be a loss of sensation. Early intervention is crucial for the best possible recovery.
Brain damage in newborns can result from various complications during a traumatic birth, including oxygen deprivation or physical trauma. The effects can range from mild cognitive impairments to severe disabilities, impacting a child’s overall development and quality of life. A birth injury attorney can help determine if medical malpractice contributed to the brain damage and assist in pursuing legal recourse.
Signs of Trauma: Signs of brain damage in newborns can include abnormal reflexes, excessive crying or irritability, feeding difficulties, and seizures. As the child grows, brain damage might present as developmental delays, cognitive impairments, and issues with coordination or motor skills.
Developmental delays refer to when a child does not reach developmental milestones within the typical age range, often due to injuries sustained during a traumatic birth. These delays can affect motor skills, language, social skills, and cognitive functions. Identifying these delays early and seeking legal help from a birth injury attorney can ensure families receive the support and compensation they need for ongoing care.
Signs of Trauma: Developmental delays are often identified when a child does not achieve milestones, such as rolling over, sitting up, crawling, or speaking, within the expected age range. Other signs can include difficulties with fine and gross motor skills, social interactions, and communication, often requiring ongoing therapeutic support.
A forceps delivery is an assisted delivery method where a healthcare provider uses forceps to guide the baby through the birth canal. While sometimes necessary, improper use can lead to traumatic birth injuries, such as skull fractures, facial nerve injuries, or brain damage. If a forceps delivery has caused harm, consulting with a birth injury attorney is essential to determine if medical negligence was involved.
Signs of Trauma: Injuries from forceps delivery can include bruising or lacerations on the babyās head and face, skull fractures, facial nerve injuries leading to facial asymmetry, and intracranial hemorrhages. If improperly performed, it may also result in longer-term neurological issues like cerebral palsy or brain damage.
A vacuum delivery involves using a suction device to assist in delivering a baby during a difficult or prolonged labor. While this method can be lifesaving in some cases, it can also result in traumatic birth injuries, such as scalp wounds, skull fractures, or brain bleeds, if not performed correctly. Families affected by vacuum delivery injuries may seek the advice of a birth injury attorney to understand their legal options and rights.
Signs of Trauma: Signs of damage from a vacuum delivery might include scalp wounds or lacerations, cephalohematoma (a collection of blood under the scalp), skull fractures, and, in severe cases, brain bleeds. These injuries can lead to long-term complications, including developmental delays and neurological disorders if not managed correctly.
Knowing what to look for can help parents identify potential birth injuries early and seek appropriate medical and legal assistance.
Hiring an attorney can be crucial when facing a legal challenge, such as a birth injury case or any other type of personal injury claim. An experienced lawyer not only understands the complexities of the law but also provides essential support throughout the legal process.
An attorney will assess the details of your situation to determine if you have a valid claim. This involves reviewing medical records, consulting with experts, and understanding the circumstances surrounding the injury to decide if legal action is appropriate.
Attorneys are skilled at collecting and examining evidence crucial to your case. This can include medical records, expert testimonies, and witness statements, all of which help build a strong foundation for your claim.
Lawyers are experienced negotiators who can communicate with insurance companies or the opposing party on your behalf. They aim to reach a fair settlement that compensates you adequately for your damages, without you having to navigate the complexities of negotiations.
Throughout your case, an attorney offers expert advice, helping you understand your legal rights and options. They guide you through each step, ensuring you make informed decisions that align with your best interests.
If a fair settlement cannot be reached, an attorney will represent you in court, presenting evidence and arguments to support your case. Their experience in litigation can be invaluable in securing a favorable verdict.
Legal cases involve strict procedures and deadlines that must be adhered to. An attorney ensures all necessary paperwork is filed correctly and on time, preventing any delays or issues that could jeopardize your case.
Attorneys work diligently to secure the maximum compensation for your damages, including medical expenses, lost wages, pain and suffering, and other related costs. They understand the full extent of what you may be entitled to and fight to achieve it.
Dealing with a legal issue can be emotionally challenging. An attorney not only acts as your advocate in legal matters but also provides emotional support, helping you navigate the stress and uncertainty of the legal process.
These services we provide will ensure you have the best possible support and representation, helping you achieve a fair outcome in your case.
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 childās 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:
Generally speaking, in Texas, the statute of limitations for filing a birth injury lawsuit is, generally, two years from the date of the injury or from the date the injury was discovered. However, there may be circumstances in which the two-year limitations period is extended, and we would be glad to discuss this with you. Given the complexities surrounding these cases, it is crucial to consult with an attorney as soon as possible to understand the specific time limits and ensure your rights are protected.
Birth injuries refer to any physical harm or medical condition that a baby suffers during the process of childbirth. These injuries can range from mild bruising or fractures to severe conditions such as cerebral palsy or brain damage.
Signs of a birth injury may include unusual muscle stiffness or limpness, difficulty feeding, seizures, excessive crying, or developmental delays. Itās important to consult a medical professional if you suspect your baby has suffered a birth injury.
Some birth injuries can be prevented with proper prenatal care, timely medical interventions, and careful monitoring during delivery. However, not all birth injuries are preventable, especially those caused by unavoidable complications during childbirth.
Medical negligence occurs when a healthcare professional fails to provide the standard of care expected during childbirth, resulting in harm to the baby or mother. Examples include failing to monitor the babyās oxygen levels or improperly using delivery tools.
If you suspect your child has a birth injury, seek immediate medical attention to diagnose and treat the injury. Additionally, consider consulting a birth injury attorney to understand your legal rights and options for seeking compensation.
You can speak to an experienced birth injury attorney from The Carlson Law Firm at 866-779-0336. The best legal representation comes from lawyers who care about you and care about your situation. Our malpractice lawyers will treat you with the respect you deserve and give your case the attention it requires.
With over a dozen locations throughout Texas, thereās 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.
100 E. Central Texas Expy
Killeen, TX 76541
(254) 526-5688
11606 N. I-35
Austin, TX 78753
(512) 346-5688
135 W. Slaughter Ln, Ste A
Austin, TX 78748
(512) 804-7277
6243 I-10 #550
San Antonio, TX 78201
(210) 696-8600
618 SW Military Dr.
San Antonio, TX 78221
(210) 923-7700
1109 W. Baker Road, Ste A
Baytown, TX 77521
(832) 806-6155
1121 Briarcrest Drive, Ste 200
Bryan, TX 77802
(979) 260-5688
653 Everhart Rd, Ste 105
Corpus Christi, TX 78411
(361) 336-3317
301 Junction Highway, Ste 100
Kerrville, TX 78028
(830) 257-7575
5112 McPherson, Ste 106
Laredo, TX 78041
(956) 712-2588
10101 Quaker AveĀ
Lubbock, TX 79424
(806) 401-0500
900 Lp 250 Frontage Rd b
Midland, TX 79705
(432) 247-6611
1717 N. I-35 Ste 305
Round Rock, TX 78664
(512) 671-7277
4282 S Jackson St.
San angelo, TX 76903
(325) 238-4322
2010 SW H K Dodgen Loop, Ste 201
Temple TX 76504
(254) 771-5688
2420 I-35 South
Waco, TX 76706
(254) 772-5653
2909 Garnett Ave
Wichita Falls, TX 76308
(940) 285-6333
1500 Rosecrans Ave Ste 500
Manhattan Beach, CA 90266
(254) 516-3570
33rd Ave N Ste 220
St. Petersburg, FL 33701
(727) 373-4655
100 E. Central Texas Expy
Killeen, TX 76541
(254) 526-5688
11606 N. I-35
Austin, TX 78753
(512) 346-5688
135 W. Slaughter Ln, Ste A
Austin, TX 78748
(512) 804-7277
6243 I-10 #550
San Antonio, TX 78201
(210) 696-8600
618 SW Military Dr.
San Antonio, TX 78221
(210) 923-7700
1109 W. Baker Road, Ste A
Baytown, TX 77521
(832) 806-6155
1421 S Main St. Ste 113
Boerne, TX 78006
(830) 470-8777
1121 Briarcrest Drive, Ste 200
Bryan, TX 77802
(979) 260-5688
653 Everhart Rd, Ste 105
Corpus Christi, TX 78411
(361) 336-3317
5112 McPherson, Ste 106
Laredo, TX 78041
(956) 712-2588
10101 Quaker AveĀ
Lubbock, TX 79424
(806) 401-0500
900 Lp 250 Frontage Rd b
Midland, TX 79705
(432) 247-6611
559 S I-35 Frontage Rd Ste 250,
Round Rock, TX 78664
(512) 671-7277
4282 S Jackson St.
San angelo, TX 76903
(325) 238-4322
2010 SW H K Dodgen Loop, Ste 201
Temple TX 76504
(254) 771-5688
2420 I-35 South
Waco, TX 76706
(254) 772-5653
2909 Garnett Ave
Wichita Falls, TX 76308
(940) 285-6333
1500 Rosecrans Ave Ste 500
Manhattan Beach, CA 90266
(254) 516-3570
4700 Millenia Blvd. STE 500
Orlando, FL 32839
(727) 373-4655