Houston Birth Injury Lawyer

Medical negligence during childbirth, which often leads to birth injuries, can be caused by a wide range of factors. A Houston birth injury lawyer can help you determine if your baby’s birth injury resulted from medical negligence and, if so, what compensation you should seek.

Birth injuries are traumatic for both the newborn and their family, often leading to long-term physical,   psychological, and financial consequences. For instance, brain damage, infections, or bone fractures resulting from medical negligence during childbirth can impact the child’s cognitive and motor functions, creating a lifetime of challenges for both the child and their family.

Conditions like cerebral palsy and Erb’s palsy can significantly limit the child’s mobility and independence, requiring extensive medical care and support from their family.

There are 6-8 injuries per 1000 live births in the United States, with significant birth injuries accounting for less than 2% of neonatal deaths and stillbirths.

Birth Injuries vs. Birth Defects

Understanding the distinction between birth injuries and birth defects is important. While birth injuries are typically caused by the actions or inactions of healthcare providers during childbirth, birth defects are usually present at or before birth and may not result from medical negligence. For instance, if a child is born with a genetic condition unrelated to medical malpractice, it likely won’t be considered a birth injury that’s eligible for a lawsuit.

It’s of the utmost importance to seek legal guidance in understanding your family’s rights if your child has been the victim of birth injuries and to pursue the compensation you deserve.

Types of Birth Injuries and Compensation

When a child experiences a birth injury, the impact can be profound, affecting not only the child but also the emotional and financial well-being of the entire family.

Some common types of birth injuries include:

• Brachial plexus injuries: The brachial plexus is a network of nerves that control movement and sensation in the arms and hands. Injury to this network can occur during a difficult delivery, leading to conditions such as Erb’s palsy or Klumpke’s palsy.
• Cerebral palsy: This is a group of disorders that affect movement, posture, and coordination. Cerebral palsy can result from brain damage during birth, often due to oxygen deprivation.
• Facial nerve injuries: Pressure on the baby’s face during delivery, often caused by too much pressure using forceps, can cause damage to the facial nerves, leading to facial paralysis.
• Fractures: Fractures, particularly of the collarbone or clavicle, can occur during a difficult delivery. These fractures usually heal with proper medical care.
• Intracranial hemorrhage: Bleeding within the baby’s skull can occur due to trauma during delivery, leading to various complications, including traumatic brain injury (TBI).
• Hypoxic-ischemic encephalopathy (HIE): Oxygen deprivation during birth can result in HIE, a condition that affects the baby’s brain function. It can lead to long-term neurological problems.
• Perinatal asphyxia: Insufficient oxygen supply to the baby before, during, or after delivery can cause perinatal asphyxia, which may result in various complications.

In many cases, these types of birth injuries lead to substantial medical costs, including hospital bills, rehabilitative services, and assistive devices, which can be overwhelming for families, especially when added to the emotional toll and stress of caring for a child with a birth injury.

Importance of Hiring a Birth Injury Attorney

Choosing the right birth injury lawyer is crucial for families seeking legal recourse. An experienced attorney specializing in these cases can provide invaluable support and guidance to families affected by the trauma of birth injuries.

These attorneys understand the complexities of medical malpractice during childbirth and are dedicated to helping families seek the compensation they deserve for the physical, emotional, and financial toll of birth injuries.

Birth injury lawyers also play a crucial role in advocating for families and ensuring their rights are protected. They work tirelessly to build strong cases, negotiate with insurance companies, and seek fair compensation for your expenses and your child’s future quality of life.

Steps Involved in a Birth Injury Lawsuit

When pursuing a birth injury lawsuit, there are several crucial steps involved to make sure that your family has the best chance of getting justice and fair compensation for the harm caused to your child.

These include, among others:

• Documentation: One of the primary steps is to document the incident comprehensively. This documentation should include all relevant medical records, details of the childbirth process, and any conversations or interactions with medical staff.
• Representation: Moreover, getting legal representation early in the process is imperative. An experienced and knowledgeable Houston birth injury lawyer can guide your family through the legal complexities, provide a clear understanding of their rights, and offer vital support during an emotionally taxing time. Early action helps your lawyer gather and preserve essential evidence, interview witnesses, and build a robust case to seek the compensation and justice your family deserves.
• Legal procedures: Understanding the specific legal steps involved in a birth injury lawsuit, such as the filing of the lawsuit, discovery, and the trial process, can be a key factor in a successful case. Through their legal expertise, your family can rest assured that your case is being handled with the utmost care, dedication, and professionalism, giving you the best possible chance to achieve success.

Statute of Limitations and Legal Considerations

It’s also important to be aware that Texas has a statute of limitations when it comes to birth injury cases, generally two years from the date of the injury, though there may be exceptions depending on the specific circumstances.

Failing to file within the specified time frame can result in you losing the right to pursue a case.

Understanding the “duty of care” that healthcare professionals are responsible for and recognizing the common causes of birth injuries can provide invaluable insights into birth injury claims as well.

Choosing the Right Legal Representation

You should consider several essential criteria when choosing a birth injury attorney.

Experience is, of course, a crucial factor. You want a legal team that has the necessary knowledge and skills to effectively navigate birth injury cases. Empathy is also vital, as your family needs someone who understands the emotional and financial impact of birth injuries and can provide you with compassionate support throughout the legal process.

The firm’s track record of success is an important consideration as well, as it demonstrates its ability to fight for and secure successful outcomes in birth injury cases.

Lastly, accessibility of legal services is key, ensuring that your family has the support, guidance, and legal options you need to pursue full compensation for the challenges you’re facing.

By consulting with experienced birth injury lawyers, your family can gain a comprehensive understanding of their legal options and take the necessary steps to pursue justice for your child’s birth injuries.

Barrera Law Group LLC offers free consultations and representation for families dealing with birth injuries, and we’re committed to providing the accessible, experienced legal services that your family needs.

This type of no-risk legal support can be a beacon of hope if your family is struggling with the financial challenges of birth injuries.

Contact us today, and let a Houston birth injury lawyer from our office get you on the path toward justice and financial security.