Houston Birth Injury Lawyer

Why Choose Simmons & Fletcher for Your Houston Birth Injury Case?

While nothing can take away from the joy of welcoming a newborn child from the world, an unexpected brain injury can add unnecessary stress and challenge to what should be a blissful day for you and your family. In fact, there are approximately seven birth injuries that occur for every 1000 childbirths documented in the United States. If your child has experienced a birth injury, we understand what a confusing and difficult time this may be for your family. We’re here to help—we’ll take the legal and logistical issues off your hands so that you can rest, recuperate, and hopefully receive the just compensation your child and family are due.

At Simmons & Fletcher, we pride ourselves on being a personal injury law firm that invests in our communities and the people who live within them. This community includes our clients and you, for whom we provide dedicated legal representation and compassionate guidance toward a resolution of your claim. With a track record of successful case results and hundreds of 5-star Google reviews, you can rest assured that our experienced birth injury lawyers will do everything they can to fight for you and your family. Reach out to our team today to schedule a free case evaluation with a Texas birth injury attorney.

(Not an actual client.)

What Are Birth Injuries and What Causes Them?

A number of injuries and long-term conditions can qualify as birth injuries. However, if said injury occurred due to the negligence of medical staff, an experienced Houston birth injury lawyer will have the resources and knowledge to bring your case to justice.

Some of the most common birth injury types and conditions we represent at our firm include:

• Traumatic brain injuries and bleeds;
• Spinal cord injuries;
• Oxygen deprivation injuries;
• Fractured collarbones;
• Brachial plexus injuries;
• Bells Palsy
• Cerebral palsy;
• Erb’s palsy;
• Shoulder dystocia;
• Hypoxic-ischemic encephalopathy (HIE);
• Meconium aspiration;
• Perinatal Asphyxia;
• Bacterial meningitis;
• Caput Succedaneum;
• Infant Cephalohematoma;
• Necrotizing enterocolitis (NEC), and;
• Death.

These injuries can have a lifelong impact on your child and your family, and they’re often a result of someone else’s negligence through medical malpractice. Some of the most frequent causes of medical negligence birth injuries involve:

• Failure to adequately diagnose or treat maternal infections;
• Improperly delayed C-sections or delivery;
• Erroneous use of vacuum or forceps during delivery;
• Failure to reasonably observe fetal distress or oxygen deprivation;
• Improper administration of medication or dosage level;
• Negligent prenatal care or monitoring.

If you’re not sure whether your child’s injuries and the circumstances that created them warrant legal action, a knowledgeable Houston birth injury lawyer can let you know at no cost to you.

The Difference Between Birth Injuries and Birth Defects

Keep in mind that birth injuries are not the same as birth defects. Birth injuries are preventable and generally caused by a doctor or medical practitioner failing to follow standard procedures (and thus a breach of duty of care). Birth defects, on the other hand, are caused by genetic mutations or other factors and typically develop within the three months of pregnancy—in other words, there’s likely nothing that a medical professional could do to prevent the defect.

Despite this legal difference between birth injuries vs. birth defects, you may still be able to file a personal injury claim for the birth defect. If the birth defect was possibly caused by a defective product or unsafe medication either administered to the newborn or the mother, you may be entitled to compensation from the product manufacturer.

How Do You Determine If You Have a Birth Injury Case Under Texas Law?

To present a valid birth injury case in the state of Texas, your Houston birth injury lawyer must prove four essential elements:

• The medical team had a duty of care to you and your child;
• The medical team breached that duty by acting negligently;
• The medical team’s breach of duty caused your child’s birth injury;
• Your child’s birth injury has resulted in financial and emotional damages.

A skillful and hardworking Houston birth injury law firm will work diligently to uncover evidence to prove these elements, as well as consult with medical experts who can provide testimony to reveal the extent of your child’s injuries in your birth injury case.

Who Can Be Held Liable for Birth Injuries Under Texas Law?

Texas state law names several individuals who can potentially be held liable for a child’s birth injuries. Depending on your specific case, these at-fault parties may include:

• Doctors, including obstetricians, gynecologists, and other medical professionals involved in your child’s birth.
• Nurses, specifically labor and delivery nurses, who helped to monitor or deliver your child.
• Hospitals that have failed to provide adequate staffing, training, or equipment.
• Other medical professionals like anesthesiologists, radiologists, and any medical professional who was involved in your child’s birth or care.

In some scenarios, birth injury liability may be split among multiple parties. For example, if the doctor acted negligently and the hospital failed to provide adequate training and oversight, both the doctor and hospital may be held responsible.

In any case, these at-fault individuals and healthcare providers owe a duty of care to mothers and infants during childbirth. If they’ve breached this duty and demonstrated medical negligence, they may be held responsible for your damages.

What Compensation & Damages Can You Recover in a Birth Injury Case?

If your child has suffered a birth injury, you may be entitled to extensive compensation. This compensation is meant to restore both the economic and non-economic damages you and your family incurred. So, while this birth injury compensation can’t take back what’s happened, it can help loved ones recoup their losses and get back on their feet. Here are some of the most common birth injury damages in the typical birth injury or medical malpractice settlement:

• Past and future medical expenses;
• Diagnostic tests and follow-ups;
• Hospitalization;
• Surgery;
• Pharmaceuticals;
• Physical therapy and rehabilitation;
• At-home care and medical equipment;
• Lost wages and loss of future income (for caregivers);
• Changed quality of life;
• Emotional pain and suffering;
• Mental anguish.

In rare cases, a judge may require the defendant to pay punitive damages to the injured party. Punitive damages are meant to punish the negligent party if gross negligence or egregiously reckless behavior led to the birth injury.

Keep in mind that, for medical malpractice suits, Texas has statutory limits on non-economic damages (e.g., pain and suffering or mental anguish). For a birth injury case, the damage caps on non-economic damages include:

• A $250,000 maximum for suits against doctors or healthcare providers;
• A $250,000 maximum for each suit against a healthcare facility and a $500,000 total maximum.

How Long Do You Have to File a Birth Injury Claim in Texas?

If you believe that your child has suffered a birth injury due to medical negligence, it’s crucial to act as quickly as possible. The filing deadlines for birth injury give you two years from the date of injury to file a claim, or you may forfeit your right to compensation. This two-year period is enforced by the Texas statute of limitations on medical malpractice, which applies to birth injury claims. In some cases, however, this birth injury claim timeline may be longer or shorter than two years—for instance, if the case involves minors or the injury wasn’t discovered immediately.

Know that if parents don’t pursue legal action, the child (who has experienced the birth injury) may file a claim. Typically, they have until their 20th birthday to proceed with filing.

An experienced Houston birth injury lawyer can help you determine your filing deadline and file your claim by that date.

What Steps Should You Take if You Suspect Your Child Suffered a Birth Injury?

If you or your partner has just given birth and you believe that your child has been injured in the process, it’s important to notify a medical professional as soon as possible. To cover all your bases in terms of evidence, documentation, and well-being, follow these steps after a potential birth injury:

• Seek medical attention immediately and obtain copies of all childbirth-related medical records and treatments;
• Get a second opinion from a different medical professional who can examine your child’s injuries and determine any potential negligence;
• Document everything that you can, including appointment records, medical treatments, expenses, and correspondence between you and your medical provider.
• Get in touch with a Houston birth injury lawyer who can help evaluate your case, inform you of your legal rights, and guide you toward a just outcome of your claim.

How Our Birth Injury Lawyers Can Help You

If you decide to work with our knowledgeable personal injury legal team, we’ll support and guide you through every step of this complex and difficult process. We want you to focus on the health of your baby, and we’ll focus on assembling your claim and fighting for your rights in court. For starters, we’ll offer the following birth injury lawyer services:

• Case Evaluation: We’ll provide a free initial case review to hear the details of your case and establish the next steps.
• Evidence Gathering: We’ll talk with experts to understand your child’s condition and what circumstances led to the injury.
• Negotiation: We’ll handle discussions with the defendant and their legal team on your behalf.
• Legal Representation: We’ll file the lawsuit on your behalf as we continue to compile evidence, interview witnesses, and work toward a settlement agreement. If a just settlement cannot be reached, we’ll dutifully represent you at trial.

Can You Afford a Birth Injury Lawyer?

Hiring an attorney can feel costly, especially when you may already be facing steep medical bills and other expenses related to your injury. However, we’re pleased to tell you that there is zero out-of-pocket cost to hire a birth injury lawyer from Simmons & Fletcher, P.C. In fact, we work on a contingency fee basis, so we won’t charge you a fee or our expenses unless we win your case. If your birth injury claim is successful, then we’ll take our fee out of your final compensation.

For your free initial consultation, contact an affordable but experienced Houston birth injury attorney at (713) 932-0777.