Texas Birth Injury Lawyer

Let Our Firm Help Your Family

If your child has suffered a birth injury due to medical negligence, you deserve compassionate guidance and experienced legal representation. At Hilliard Law, we understand the emotional and financial toll a birth injury can place on a family. Our Texas birth injury lawyers are here to stand by your side, investigate what went wrong, and help you pursue the justice and compensation your family needs.

Call (866) 927-3420 or contact us online today to schedule a free consultation with our Texas birth injury attorneys.

What is a Birth Injury?

A birth injury refers to any harm or physical damage that a newborn sustains before, during, or shortly after the birthing process. While some minor injuries may heal without long-term consequences, others can lead to lifelong disabilities, developmental delays, or chronic health conditions.

Unlike congenital conditions (which are present due to genetic factors), birth injuries are often preventable. Many result from medical errors, poor decision-making, or the failure of healthcare providers to follow standard procedures during pregnancy, labor, or delivery.

Common Types of Birth Injuries

Birth injuries can vary widely in severity and impact. Some of the most common types include:

• Cerebral Palsy: A neurological disorder caused by brain damage before or during birth. It can affect movement, posture, and coordination.
• Brachial Plexus Injuries (Erb’s Palsy): Damage to the nerves that control the arm and shoulder, often due to forceful delivery or shoulder dystocia.
• Facial Nerve Injuries: Often caused by pressure during delivery or use of forceps, leading to facial paralysis.
• Fractures: Clavicle or collarbone fractures can occur during difficult or breech deliveries.
• Intracranial Hemorrhage: Bleeding in the brain due to trauma or improper use of delivery tools.
• Hypoxic-Ischemic Encephalopathy (HIE): A type of brain injury caused by oxygen deprivation, potentially resulting in cognitive impairments or death.

These injuries may require long-term therapy, surgeries, assistive devices, and special education services.

Common Causes of Birth Injuries

Many birth injuries are preventable and occur when medical professionals fail to uphold an acceptable standard of care. Common causes include:

• Failure to Monitor Fetal Distress: Not recognizing abnormal heart rates or oxygen levels can result in brain damage.
• Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can cause physical trauma to the newborn.
• Delayed Cesarean Section: Waiting too long to perform a C-section in the face of complications can lead to severe injury or death.
• Medication Errors: Incorrect dosages of labor-inducing drugs like Pitocin can result in dangerous contractions and fetal distress.
• Negligent Prenatal Care: Failing to identify risk factors, infections, or conditions like gestational diabetes may contribute to birth injuries.
• Shoulder Dystocia Mismanagement: If the baby’s shoulder gets stuck and is not handled properly, nerve damage or oxygen deprivation can occur.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case often involves complex medical and legal analysis. Those who may be held legally responsible include:

• Obstetricians or Delivering Physicians: If they fail to make appropriate decisions or act negligently during labor or delivery.
• Nurses and Medical Staff: When they do not properly monitor the mother or baby or fail to communicate critical information.
• Hospitals or Medical Facilities: If the facility lacks proper protocols, staffing, or equipment to handle complications.
• Pharmaceutical Companies: In rare cases, if a defective drug used during pregnancy or labor causes harm.

At Hilliard Law, our legal team works with medical experts to investigate what went wrong and identify all parties responsible.

FAQs About Birth Injury Claims in Texas

How do I know if my child’s injury was caused by medical malpractice?

If your child suffered an injury and you suspect something went wrong during labor or delivery, it's critical to speak with a Texas birth injury lawyer. We can review medical records, consult with experts, and determine whether negligence occurred.

How long do I have to file a birth injury lawsuit in Texas?

Texas generally allows two years from the date of injury to file a medical malpractice claim. However, in cases involving minors, the timeline may be extended. It’s best to consult a lawyer as soon as possible to protect your rights.

What compensation can I recover in a birth injury lawsuit?

Compensation may include:

• Medical expenses (past and future)
• Cost of long-term care or therapy
• Pain and suffering
• Loss of future earning capacity
• Special education or assistive devices
• In some cases, punitive damages may be awarded for particularly reckless conduct.

Do I need to go to court to win compensation?

Not always. Many birth injury cases settle out of court. However, if the hospital or insurance company refuses to offer a fair settlement, our attorneys are fully prepared to take your case to trial.

How much does it cost to hire Hilliard Law?

We work on a contingency fee basis. That means you pay nothing unless we win your case. Our fees are a percentage of the recovery, so there is no upfront financial risk to you.

We are ready to get started on your claim. Contact our team today at (866) 927-3420.