Personal Injury and Wrongful Death Law
A birth injury is any physical harm or trauma that occurs to a baby during labor or delivery, often due to medical negligence, improper use of delivery tools, or failure to respond to complications. Birth injuries can range from mild bruising to severe conditions like cerebral palsy or brain damage. A birth defect, on the... Continue Reading
Birth injuries vary in severity and type, but some of the most common include: Cerebral Palsy – A neurological disorder caused by oxygen deprivation or brain damage during birth. Erb’s Palsy/Brachial Plexus Injury – Nerve damage in the shoulder due to excessive pulling or improper use of forceps. Hypoxic-Ischemic Encephalopathy (HIE) – A brain injury... Continue Reading
Birth injuries often result from medical negligence or complications during delivery. Common causes include: Failure to monitor fetal distress – If doctors do not track the baby’s oxygen levels or heart rate, it can lead to brain damage. Improper use of forceps or vacuum extractors – These tools can cause nerve damage, fractures, or brain... Continue Reading
Some birth injuries are immediately noticeable, while others may take months or years to become evident. Common signs of birth injuries include: Weak or limp movements in the arms or legs Unusual stiffness or floppiness Seizures or difficulty breathing Poor reflexes or developmental delays Excessive fussiness, trouble feeding, or unusual eye movements If you notice... Continue Reading
While not all birth injuries are preventable, many occur due to medical negligence. Prevention strategies include: Proper prenatal care to monitor risks and complications. Close monitoring of fetal distress during labor. Timely decision-making, such as performing an emergency C-section when necessary. Proper use of delivery instruments and techniques. Doctors and hospitals are responsible for following... Continue Reading
Liability in a birth injury case depends on who was responsible for the negligence. Potentially liable parties include: Doctors and obstetricians – If they failed to monitor or respond to complications. Nurses and medical staff – If they neglected proper patient care. Hospitals – If understaffing or lack of proper protocols contributed to the injury.... Continue Reading
Families affected by birth injuries may be entitled to compensation for: Medical expenses – Covering past, present, and future medical treatments. Therapy and rehabilitation costs – Including physical and occupational therapy. Pain and suffering – Compensation for the baby’s and parents’ emotional distress. Loss of earning capacity – If the child’s injury leads to lifelong... Continue Reading
The statute of limitations for birth injury lawsuits varies by state. In Texas, parents typically have two years from the date of the injury to file a medical malpractice claim. However, there are exceptions: If the injury is discovered later, the statute may be extended. Minors may have an extended deadline, depending on state laws.... Continue Reading
A birth injury attorney can: Investigate medical records to identify malpractice. Consult with medical experts to prove negligence. Negotiate with insurance companies for a fair settlement. Take your case to court if necessary. Having a lawyer by your side increases your chances of securing the compensation your child deserves.
