Key Takeaways: What Every Birth Injury Victim Should Know
- In 2022, the infant mortality rate in the United States was 5.6 deaths per 1,000 live births, with more than 20,500 infants dying according to recent data from the Centers for Disease Control and Prevention.
- Texas medical malpractice claims have a two-year statute of limitations from the date you discovered or reasonably should have discovered the injury, with special provisions for children under Texas Civil Practice and Remedies Code Section 74.251(a), which states that “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort”.
- Many birth injuries are preventable and result from medical negligence during labor and delivery, including failure to monitor fetal distress and improper use of forceps or vacuum extractors.
- Brain damage from oxygen deprivation is the most common birth injury, often leading to conditions like cerebral palsy and hypoxic-ischemic encephalopathy (HIE).
- If your child was injured, you don’t pay attorney fees unless we win your case. Our experienced Houston birth injury lawyers work on a contingency fee basis.
Contact a compassionate Houston birth injury lawyer today for your free case evaluation. We’ll review your medical records and explain your legal options with no obligation.
Birth Injury Statistics
The number of babies born with a birth injury is staggering. Almost four in every 1000 suffer damage. Learn more about the statistics in the birth injury law video below. Then, talk to a birth injury lawyer about your rights.
Why Choose Simmons & Fletcher After a Birth Injury in Houston?
When your child suffers a birth injury, you need experienced Houston birth injury attorneys who understand both the medical complexities and the emotional trauma your family is experiencing. At Simmons & Fletcher, our birth injury lawyers have been fighting for injured families throughout Texas since 1979.
Our track record speaks for itself:
- Board-certified attorneys: Paul H. Cannon is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization;
- Award-winning legal team: Our attorneys have been recognized as Texas Super Lawyers by Thomson Reuters;
- Hundreds of 5-star reviews: Families trust us because we deliver results with compassion;
- Serving Houston since 1979: We know the local hospitals, medical experts, and courts throughout Harris County.
From our Houston office, we serve families throughout Harris County, including Memorial, The Woodlands, Sugar Land, and surrounding areas. We understand the unique challenges families face when seeking care at major Houston medical centers like Texas Children’s Hospital, Memorial Hermann, and Methodist Hospital.
Get legal help your family can trust. Call (713) 932-0777 to speak with a Houston birth injury lawyer about your child’s case.
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What Are Birth Injuries and What Causes Them?
Birth injuries are physical trauma or damage to a baby that occurs during labor and delivery. The Centers for Disease Control and Prevention reported sobering statistics in 2022: the infant mortality rate in the United States reached 5.6 deaths per 1,000 live births, with more than 20,500 infants dying that year. While not all infant deaths result from birth injuries, these preventable complications remain a significant concern for expectant parents and can affect any part of your child’s body, with brain damage from oxygen deprivation being among the most serious complications.
Common types of birth injuries our Houston birth injury lawyers handle include:
- Brain injuries:Traumatic brain injuries, cerebral palsy, and hypoxic-ischemic encephalopathy (HIE);
- Nerve damage: Brachial plexus injuries, Erb’s palsy, and Bell’s palsy;
- Bone injuries:Fractured collarbones, skull fractures, and other broken bones;
- Spinal injuries:Spinal cord damage affecting movement and sensation;
- Oxygen-related injuries: Birth asphyxia, meconium aspiration, and perinatal asphyxia;
- Other complications: Shoulder dystocia, necrotizing enterocolitis (NEC), and infant death.
These birth injuries often result from medical malpractice and healthcare provider negligence, such as:
- Failure to diagnose or treat maternal infections during pregnancy;
- Delayed cesarean sections when fetal distress is present;
- Improper use of forceps, vacuum extractors, or other delivery tools;
- Failure to monitor fetal heart rate and oxygen levels during labor and delivery;
- Medication errors or improper administration of drugs;
- Inadequate prenatal care and failure to identify high-risk conditions.
What is the Difference Between Birth Injuries and Birth Defects?
Birth injuries are preventable trauma caused by medical errors during labor and delivery, while birth defects are typically genetic or developmental conditions that occur during pregnancy. However, some birth defects may be caused by exposure to harmful medications or substances, making medical professionals potentially liable.
If your child has a condition that you believe was caused by medical negligence—whether during pregnancy, labor, or delivery—our Houston birth injury attorneys can help determine if you have a valid claim.
How Do You Determine If You Have a Birth Injury Case Under Texas Law?
To prove medical malpractice in a Texas birth injury case, our Houston birth injury attorneys must establish four essential elements of negligence:
- Duty of care: The medical team owed your child a duty to provide competent medical care according to accepted standards;
- Breach of duty: Healthcare providers failed to meet the appropriate standard of care through action or inaction;
- Causation: The breach of duty directly caused your child’s birth injury;
- Damages: Your family suffered measurable losses as a result of the birth injury.
Our experienced birth injury attorneys work with qualified medical experts who can review your child’s medical records and testify about whether the standard of care was breached. We thoroughly investigate every aspect of your child’s birth to build the strongest possible case.
Common examples of birth malpractice our Houston birth injury lawyers see include:
- Umbilical cord complications that caused oxygen deprivation;
- Uterine rupture during labor that wasn’t promptly addressed;
- Failure to perform a timely cesarean section when medically indicated;
- Improper monitoring of fetal distress signals during delivery;
- Medical errors in medication administration to mother or child.
Who Can Be Held Liable for Birth Injuries Under Texas Law?
Multiple parties may be responsible for your child’s birth injury. Our Houston birth injury attorneys investigate all potentially liable healthcare providers and institutions, including:
- Obstetricians and gynecologists who managed pregnancy and delivery;
- Attending physicians who made critical decisions during labor;
- Nurses and midwives who provided direct patient care;
- Anesthesiologists who administered pain medication or anesthesia;
- Hospitals and medical facilities that employed negligent staff or maintained unsafe policies;
- Other medical professionals involved in prenatal care or delivery.
In many birth injury cases, liability may be shared among multiple parties. However, under Texas law, you can’t claim compensation if you were found to be more than 50% responsible for the injury.
Hospitals may be held liable under theories of:
- Vicarious liability for the actions of employed medical staff;
- Direct negligence for failing to maintain proper protocols or hire qualified personnel;
- Corporate negligence for systemic failures in patient safety.
What Compensation & Damages Can You Recover in a Birth Injury Case?
Texas birth injury settlements and verdicts can provide essential financial support for your child’s lifelong care needs. Our Houston birth injury lawyers fight for comprehensive compensation including:
Economic Damages:
- Medical expenses: Past and future medical bills, surgeries, hospitalizations, and specialized treatments;
- Rehabilitation costs: Physical therapy, occupational therapy, and speech therapy;
- Special equipment: Wheelchairs, communication devices, and home modifications;
- Lost wages: Income lost by parents who must care for injured children;
- Special education: Costs for specialized schooling and educational support;
- Life care planning: Professional assessment of your child’s future needs.
Non-Economic Damages:
- Pain and suffering experienced by your child;
- Mental anguish and emotional trauma to the family;
- Loss of enjoyment of life due to permanent disabilities;
- Disfigurement and scarring from medical procedures or injuries;
- Emotional trauma and psychological counseling needs.
Texas has statutory caps on non-economic damages in medical malpractice cases under Texas Civil Practice and Remedies Code Section 74.301, which limits non-economic damages to $250,000 per claimant against individual physicians or health care providers, and $250,000 per claimant against each health care institution. However, there are no caps on economic damages, which often represent the largest portion of birth injury settlements.
In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.
How Long Do You Have to File a Birth Injury Claim in Texas?
Understanding birth injury lawsuit deadlines is critical to protecting your family’s rights. In Texas, the statute of limitations for medical malpractice claims under Section 74.251 is generally two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim is completed.
Special rules for children’s birth injury claims:
- If parents don’t file within the standard deadline, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim;
- This extended deadline gives families time to fully understand the extent of their child’s injuries;
- However, waiting too long can make evidence harder to gather and memories less reliable.
Statute of repose considerations:
- Texas also has a statute of repose that requires a claimant to bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim, and this subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred;
- Some birth injuries like cerebral palsy may not be diagnosed until months or years after birth;
- Our Houston birth injury attorneys can help determine when your specific deadline began.
Don’t wait to protect your rights. Evidence can disappear, medical records can be lost, and witnesses’ memories can fade over time. The sooner you contact our birth injury lawyers, the better we can preserve crucial evidence for your case.
Don’t let deadlines prevent you from getting justice. Call our Houston birth injury attorneys immediately to protect your child’s claim.
What Steps Should You Take if You Suspect Your Child Suffered a Birth Injury?
If you suspect your child suffered a birth injury due to medical negligence, taking prompt action can protect both your child’s health and your legal rights:
- Seek immediate medical attention: Get your child evaluated by qualified medical professionals and obtain copies of all medical records from pregnancy through delivery;
- Get a second medical opinion: Consult with pediatric specialists who can properly diagnose your child’s condition and treatment needs;
- Document everything: Keep detailed records of all medical appointments, treatments, expenses, and your child’s symptoms or developmental delays;
- Preserve evidence: Request copies of fetal monitoring strips, delivery room records, and all communications with healthcare providers;
- Don’t sign releases: Avoid signing any documents from hospitals or insurance companies without legal review;
- Contact a Houston birth injury lawyer immediately: Early legal intervention helps preserve evidence and protect your family’s rights.
Many birth injuries require prompt medical intervention to minimize long-term damage. Early diagnosis and treatment can make a significant difference in your child’s outcome and quality of life.
How Our Birth Injury Lawyers Can Help You
Navigating a birth injury case while caring for an injured child can be overwhelming. Our compassionate Houston birth injury attorneys handle the legal complexities so you can focus on your family’s needs.
Our comprehensive legal services include:
- Free case evaluation: We review your child’s medical records and explain your legal options with no cost or obligation;
- Medical expert network: We work with leading pediatric specialists who can testify about standard of care and causation;
- Thorough investigation: Our legal team investigates every aspect of your child’s birth to identify all liable parties;
- Evidence preservation: We move quickly to secure fetal monitoring strips, delivery records, and witness statements;
- Insurance negotiations: We handle all communications with insurance companies to protect your rights;
- Life care planning: We work with qualified professionals to assess your child’s future care needs;
- Trial preparation: If necessary, we prepare for trial to ensure maximum recovery for your family.
Throughout this difficult process, we provide ongoing support and guidance. We understand that birth injury cases are about more than money. They aim to secure your child’s future and hold negligent healthcare providers accountable.
Our birth injury attorneys have experience handling complex cases involving conditions like:
- Cerebral palsy and brain damage from oxygen deprivation;
- Brachial plexus injuries affecting arm and hand function;
- Spinal cord injuries causing paralysis or weakness;
- Birth trauma resulting in wrongful death;
- Developmental delays from perinatal complications.
Get the experienced legal help your family needs. Contact our Houston birth injury lawyers for a confidential consultation about your child’s case.
Related Resources
- Child Injury Lawyer in Houston: Learn about legal options when children are injured due to negligence or accidents.
- Houston Healthcare Liability Lawyer: Understand how healthcare liability claims differ from traditional malpractice cases.
- Wrong Side Surgery Lawyer: Discover legal remedies for surgical errors and wrong-site procedures.
- Nursing Home Abuse Attorney: Explore your rights when elderly loved ones suffer medical neglect or abuse in care facilities.
- Premises Liability Claims in Hospitals: Learn when slip and fall injuries at medical facilities become healthcare liability claims.
- Negligently Performed Epidural Steroid Injections: Understand your rights when medical procedures cause additional harm.
FAQs About Birth Injury Law
Can You Afford a Birth Injury Lawyer?
Yes, you can afford experienced legal representation for your birth injury case. Our Houston birth injury attorneys work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. This allows families to pursue justice regardless of their financial situation.
What is the most common cause of birth injury?
The most common cause of birth injury is medical negligence by healthcare providers during labor and delivery. This includes failure to monitor fetal distress, delayed cesarean sections, improper use of forceps or vacuum extractors, and inadequate response to umbilical cord complications. Many birth injuries are preventable with proper medical care.
How much is a birth injury settlement?
Birth injury settlements vary widely based on the severity of the injury, long-term care needs, and the strength of your case. Cases involving severe brain damage or lifelong disabilities often result in multi-million dollar settlements to cover decades of care. Economic damages have no caps under Texas law, allowing for full compensation of medical expenses and care costs.
How much compensation can you get for birth negligence?
Birth negligence compensation depends on multiple factors, including medical expenses, lost wages, pain and suffering, and your child’s future care needs. Our Houston birth injury lawyers work with medical experts and life care planners to calculate the full value of your claim, which may include millions in lifetime costs for severe injuries like cerebral palsy.
How long do birth injury cases take to settle?
Birth injury cases typically take 12 months to 3 years to resolve, depending on case complexity and whether a trial becomes necessary. Complex cases involving severe brain damage may take longer due to the need for extensive medical evaluation and life care planning. Our attorneys work efficiently while ensuring your child receives maximum compensation.
