Texas Birth Injury Cases FAQs
- What is a birth injury, and how does it differ from a birth defect?
- What are the most common types of birth injuries?
- What causes birth injuries?
- How can I tell if my child has suffered a birth injury?
- Can birth injuries be prevented?
- Who can be held liable for a birth injury?
- What compensation can I recover in a birth injury lawsuit?
- How long do I have to file a birth injury lawsuit?
- How can a birth injury lawyer help my family?
- How do I get started with a birth injury claim?
What is a birth injury, and how does it differ from a birth defect?
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
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What are the most common types of birth injuries?
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
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What causes birth injuries?
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
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How can I tell if my child has suffered a birth injury?
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
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Can birth injuries be prevented?
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
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Who can be held liable for a birth injury?
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
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What compensation can I recover in a birth injury lawsuit?
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
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How long do I have to file a birth injury lawsuit?
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
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How can a birth injury lawyer help my family?
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.
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How do I get started with a birth injury claim?
If you suspect medical negligence caused your child’s birth injury, take the following steps: Get a medical evaluation – A specialist can confirm the injury and its cause. Gather medical records – Include prenatal, labor, and postnatal records. Document symptoms – Keep track of medical expenses and any developmental issues. Consult a birth injury lawyer... Continue Reading
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