A Guide for Families Seeking Justice
Welcoming a new baby should be a joyful experience. But when medical negligence leads to a preventable birth injury, families are left with questions, anger, and the overwhelming responsibility of caring for a child who may need lifelong support. At Sandoval Law Firm, we guide Texas families through every step of the legal process—helping them seek answers, accountability, and financial compensation.
If you believe your child’s birth injury was preventable, here’s what you need to know about how to handle a birth injury case in Texas.
Step 1: Recognize the Signs of a Birth Injury
Not all birth injuries are immediately obvious. Some signs may appear in the days or even months after delivery. Common indicators include:
- Seizures, difficulty breathing, or poor reflexes in newborns
- Lack of muscle tone or abnormal movement
- Developmental delays or missed milestones
- A diagnosis of cerebral palsy, brachial plexus injury, or Erb’s palsy
If you suspect something went wrong during labor or delivery, trust your instincts—and speak with a qualified attorney.
“Parents know when something isn’t right. Don’t let hospitals dismiss your concerns. You have the right to investigate and hold them accountable.”
— Héctor L. Sandoval, Attorney at Law
Step 2: Understand Texas Medical Malpractice Laws
Texas has its own rules for medical malpractice cases, and birth injury claims fall under this category. Here are key things to keep in mind:
- Statute of Limitations: You typically have two years from the date of the injury to file a claim. However, when the victim is a child, this window may be extended—yet time is still of the essence.
- Damage Caps: Texas limits non-economic damages (like pain and suffering) to $250,000 per provider, up to $500,000 total. Economic damages, such as medical expenses and ongoing care, are not capped.
An experienced Texas birth injury lawyer can help you navigate these legal details while focusing on your child’s recovery.
Step 3: Build a Strong Case with the Right Legal Team
Handling a birth injury case isn’t just about paperwork—it’s about proving that a doctor, nurse, or hospital failed to uphold the standard of care. At Sandoval Law Firm, we gather:
- Medical records and fetal monitoring reports
- Expert opinions from board-certified medical professionals
- Testimony from witnesses or medical staff
- Evidence of long-term damages and treatment needs
We also investigate possible causes, such as:
- Delayed C-section despite signs of fetal distress
- Misuse of delivery tools like forceps or vacuums
- Failure to diagnose or respond to complications during labor
- Medication errors or improper monitoring
“We leave no stone unturned because families deserve the full truth—and full compensation for their child’s future.”
— Héctor L. Sandoval
Step 4: Focus on Long-Term Support and Compensation
A birth injury can lead to a lifetime of challenges—physical, emotional, and financial. Filing a legal claim can help secure funds for:
- Medical bills and surgeries
- Physical, occupational, and speech therapy
- Special education resources
- In-home care or accessibility modifications
- Lost earning potential for both the child and parents
Our team will work to calculate your total damages so you don’t settle for less than your family deserves.
Step 5: Take Action Today—The Sooner, the Better
The longer you wait, the harder it can be to gather strong evidence and connect the injury to negligence. That’s why it’s critical to speak with an attorney as soon as possible—even if you’re unsure whether you have a case.
At Sandoval Law Firm, we offer free consultations so you can get clear, honest answers with no risk and no pressure.
“Don’t wait for the hospital or insurance company to do the right thing. Take control of your child’s future—starting now.”
— Héctor L. Sandoval
If your child suffered a birth injury in Texas, contact Sandoval Law Firm today at (346) 347-7777. We’ll help you understand your rights, evaluate your legal options, and fight for the justice and support your family deserves.