Texas Birth Injury Lawyers
Fighting For Your Baby's Future
Childbirth is an intricate process involving numerous medical professionals and variables. Unfortunately, in some cases, preventable medical errors can occur. Medical mistakes during childbirth cause some of the most heartbreaking injuries.
At Miller Weisbrod Olesky, our team of Birth Injury Attorneys in Texas have extensive experience providing support and legal assistance to families experiencing emotional and physical trauma following birth injuries. Our dedicated and compassionate birth injury experts, nurses, and nurse-attorneys will thoroughly investigate the facts of your child's birth injury to determine how it happened and whether medical negligence was to blame.
Free Legal Consultation
Texas Birth Injury Lawyers
1-888-987-0005Our Texas Birth Injury Lawyers are available to meet you in your home or the hospital.
Dallas | Houston | Austin | San Antoinio
The Centers for Disease Control and Prevention (CDC) reports that of the 378,000 babies delivered in Texas each year, 2,646 of those suffered a traumatic birth injury.
Not to mention, babies born with traumatic birth injuries often require lifelong and costly medical treatment and rehabilitation, as well as special equipment. Mothers can also suffer tragic and life-altering injuries because of medical mistakes made before, during, or after delivery.
Providing your child with the quality of life they deserve may require vast financial resources, and the full extent of the cost involved may not be known for years. If your child's injury resulted from the negligent actions of a medical professional, you shouldn't have to shoulder the financial burden on your own.
Let our team of birth injury experts take the burden off you by handling every aspect of your case, from gathering evidence to negotiating with insurance companies and their lawyers. By leaving the legal issues to us, you'll have more time to focus on your family's emotional well-being and your child's recovery.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
Other
Multi-Million Dollar
Settlements
With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.
Lyric, C.
Mother of
Miller Weisbrod Olesky Client
Registered Nurses and Nurse-Attorneys Are a Vital Part of Our Birth Injury Team … and Yours
Most national birth injury law firms will employ one or two nurses to assist the review of cases and medical research. But Miller Weisbrod Olesky offers an unmatched number of nurses and nurse-attorney employees support to both the birth injury attorneys and our clients.
Our team of registered nursing staff and nurse-attorneys bring a deep level of medical and personal insight to every client’s case. Working closely with the rest of the team, they investigate the reasons behind a birth injury and how medical professionals breached their standard of care...But they do much more.
For our clients, our nurses and nurse-attorneys provide valuable support with medical questions and finding healthcare providers.
While Miller Weisbrod Olesky’s Texas birth injury attorneys aggressively prepare each legal case, another department goes into action to help the families of children we represent. Led by a nurse-attorney, this department acts as a medical case manager for our birth injury clients by:
- Regularly monitoring the child’s medical treatment status,
- Helping facilitate medical treatment and therapy, and
- Arranging transportation and services.
Where necessary, we also help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you’re not just a ‘case’. And that’s important when you’re looking for a lawyer who can help you cope with your child’s needs today.
Please call or email Miller Weisbrod Olesky today to get started.
Medical Mistakes that Result in Birth Injuries
Healthcare professionals are trained to keep mothers and their babies safe even in the most complex situations that arise during and/or shortly after birth. When doctors and other medical providers miss critical warning signs of fetal distress or fail to respond quickly, it can lead to a devastating birth injury. Families of children who suffered a birth injury may be entitled to compensation to cover the often very significant cost of caring for a child with birth injuries.
Medical Negligence Before Birth
- Failure to diagnose or misdiagnosing gestational diabetes in a pregnant mother
- Failure to test for or treat maternal infections such as Group B Streptococcus
- Failure to diagnose and adequately treat preeclampsia
- Failure to diagnose an ectopic pregnancy or improperly administering treatment
- Failure to provide proper prenatal care
- Failure to carefully monitor a mother and her unborn baby
- Failure to refer a pregnant woman to a high-risk obstetrician if she requires more specialized care or observation
- Failure to detect fetal macrosomia (a newborn that is larger than average)
- Failure to recognize and respond to signs of premature labor
- Incorrectly prescribing medication or treatment that harms a mother or the fetus
Medical Negligence During Childbirth
- Failure to regularly watch a fetal heart monitor and respond to signs of fetal distress
- Failure to diagnose or treat an umbilical cord complication (umbilical cord prolapse and compression)
- Pulling on the baby's head or neck too hard during a difficult delivery
- Improper use of birth-aiding tools like forceps or vacuum extractors
- Failure to adequately address an abnormally prolonged labor & delivery (failure to progress)
- Delaying or failing to perform a medically necessary cesarean section (C-section)
- Improper administration of labor-inducing drugs (Pitocin and Cytotec) during labor
Medical Negligence After Delivery
- Failure to identify and take the proper steps to respond to postpartum hemorrhage
- Failure to correctly diagnose and treat newborn jaundice before it progresses to kernicterus
- Failure to diagnose and provide treatment for neonatal hypoglycemia
- Discharging the mother and her newborn too soon
- Failure to treat neonatal infections (sepsis, meningitis, group B streptococcus, e-coli)
- Failure to test the mother and her newborn for blood type incompatibility
- Failure to carefully monitor the baby's vital signs (i.e., pulse, temperature, respiratory rate)
- Failure to prevent uterine rupture or perform an emergency C-section when a uterine rupture occurs
- Failure to treat neonatal seizures
- Failure to properly diagnose HIE and provide hypothermia therapy
- Failure to transfer the infant to the neonatal intensive care unit (NICU)
- Failure to properly care for vaginal tears or rips
- Delaying in performing neonatal resuscitation
The mismanagement of any of these conditions can lead to a serious birth injury that necessitates a lifetime of special treatment and care. Our Texas birth injury lawyers at Miller Weisbrod Olesky can help file a claim against the negligent party or parties responsible for your child's birth injury and evaluate the potential damages in your case to determine how much you may be eligible to recover.
Birth Injuries Commonly Caused by Medical Negligence
Birth Injury Medical Negligence can cause a variety of different birth injuries in babies. Depending on the severity of the birth injury, a child may suffer from a permanent disability that lasts throughout their lifetime. If your baby has suffered birth injuries, you should be aware of how these injuries can develop and what legal steps you can take to recover compensation for the cost of your child's care and other losses. Here are the most common types of injuries a baby can suffer due to medical malpractice.
Hypoxic and Ischemic Injuries
Trauma to an infant's brain caused by negligent care before, during, or after birth can cause a baby to become deprived of oxygen (hypoxia or asphyxia) or lead to reduced blood flow (ischemia) to the fetus. Oxygen and blood flow decreases can result in a baby developing hypoxic-ischemic encephalopathy (HIE).
HIE is a severe brain disorder that may be caused by:
- Prolonged pressure on the brain during contractions that last for an abnormally long period of time.
- Umbilical cord problems like the umbilical cord becoming prolapsed and compressed by the fetus and womb.
- The misuse of labor-inducing drugs like Pitocin and Cytotec often causes frequent contractions (uterine tachysystole) that can cause a baby to experience dangerous levels of oxygen deprivation.
- A complication of pregnancy known as preeclampsia is characterized by high blood pressure and protein in the urine. When a doctor fails to detect and adequately treat preeclampsia, the baby may experience reduced blood flow and develop HIE.
- Babies born prematurely are more prone to having blood flow issues to the brain and intracranial hemorrhages due to the immature development of their brain and other organs.
According to a study published by the National Library of Medicine (NLM), approximately 60% of infants affected by HIE will have severe disabilities, including epilepsy, cerebral palsy, developmental delays, and cognitive impairments. Medical professionals should closely monitor a mother and her baby during pregnancy and adequately manage any pregnancy-related complications that arise to help prevent hypoxic-ischemic encephalopathy (HIE).
Failure to Detect and Respond to Fetal Distress
When a doctor or other medical professionals fail to detect and respond to signs of fetal distress, it can lead to devastating birth injuries like cerebral palsy, HIE, anoxic and hypoxic brain injuries, and even stillbirth.
Fetal heart rate monitoring allows healthcare providers to measure a baby's heart rate and rhythm. If the fetal heart rate signals that the baby is in fetal distress, doctors and other healthcare providers must intervene immediately to prevent oxygen deprivation and reduced blood flow to the baby's brain.
When a baby suffers from a complete lack of oxygen (asphyxia) or decreased oxygen (hypoxia), it can cause the baby to suffer a severe birth injury, including hypoxic-ischemic encephalopathy, CP, and metabolic fetal acidosis.
Monitoring a baby during labor and delivery with electronic fetal monitoring equipment is also critical to detect whether or not bradycardia is occurring. The medical term for an abnormally low heart rate is fetal bradycardia.
A slow and irregular heart rhythm is the most common indicator that the baby is suffering from fetal distress. If a medical provider fails to notice abnormalities in heart rate and/or delays treatment when fetal distress is detected, it may lead to serious long-term effects, including brain damage, paralysis, hypoxia or anoxia, and cerebral palsy.
Misuse of Pitocin
Pitocin is administered to either strengthen or induce contractions during the labor and childbirth process. For example, a medical professional may decide to induce labor with Pitocin when a mother has maternal diabetes, preeclampsia, or failure to progress.
If Pitocin is improperly administered, a pregnant mother may begin having contractions that are too strong and/or close together. Excessive uterine activity (uterine tachysystole) can deprive a fetus of oxygen and lead to emergency complications like uterine rupture, which may be life-threatening and result in long-term outcomes for the baby, including hypoxic-ischemic encephalopathy, Cerebral Palsy, and seizure disorders. Medical professionals should immediately lower the dosage of labor-enhancing drugs or stop administration entirely when a woman shows signs of tachysystole to prevent fetal oxygen deprivation.
Prolonged or Arrested Labor
Allowing labor to continue for too long can be dangerous for a mother and her baby. Prolonged labor refers to labor that lasts over 20 hours for first-time mothers and over 14 hours for mothers who have previously given birth. Arrested labor, also known as failure to progress, occurs when the delivery process stops completely.
When a medical professional fails to diagnose or respond to labor that progresses too slowly or stops altogether, the baby can suffer an intracranial hemorrhage, fetal distress due to oxygen deprivation, and be at risk for developing long-term injuries such as cerebral palsy, HIE, and seizure disorders.
Mistakes shortly after Birth
Examples of acts of medical negligence occurring shortly after birth include failure to promptly identify and adequately treat neonatal hypoglycemia, newborn jaundice, uterine ruptures, and respiratory distress syndrome, which can cause devastating injuries to a mother and her newborn.
Some examples of birth complications that may arise from mistakes shortly after birth are an anoxic or hypoxic, brain injury, cerebral palsy, Erb's palsy, and HIE. After birth, medical professionals are responsible for monitoring and responding to any complications that may arise to prevent harm to a mother and her infant.
Head Injuries
Bruises and swelling can happen when too much pressure is put on the baby's scalp, typically during a prolonged or difficult delivery. Swelling can also occur when a doctor or other medical professional improperly or negligently uses a vacuum extractor or forceps to assist with difficult vaginal delivery.
When a physician misuses instruments like forceps or vacuum extractors, it can leave scratches on an infant's scalp. Minor bruising and scratches usually heal on their own unless they become infected. Serious injuries caused by brain swelling and brain bleeds, like cephalhematoma, intracranial hemorrhage, and subgaleal hemorrhage, are commonly caused by trauma to the head resulting from improper use of birth-aiding tools (forceps, vacuum extractors).
How Can Birth Injuries Be Prevented?
While it is not always possible to prevent every birth complication that may arise, doctors and other healthcare professionals can reduce the risks of pregnancy-related complications by closely monitoring the mother and baby for warning signs and responding immediately with proper treatment.
Some of the most important aspects of birth injury prevention include:
- Providing proper prenatal care
- Detecting and responding to signs of fetal distress
- Taking measures to suppress preterm labor
- Performing an emergency C-section if complications arise
- Delivering the best care to NICU babies, including neonatal resuscitation
Early Treatment Options That Minimize Birth Injuries
Some treatment options that can help potentially prevent or minimize the severity of a birth injury
- A cervical cerclage to prevent premature birth due to an incompetent cervix
- Therapeutic hypothermia to slow down the spread of damage that occurs to the brain after a birth injury
- Betamethasone is a type of corticosteroid that minimizes the risk of serious respiratory problems in preterm infants and reduces the risk of intracranial hemorrhages, cerebral palsy, and neonatal seizures.
In treating a birth injury, time is of the essence, and the sooner a child receives treatment and therapy, the better their chances of being able to adapt to the world around them comfortably. Each birth injury is unique, and the recommended treatments and therapies will depend on the type of injury sustained as well as the severity. A team of knowledgeable physicians like neonatologists and therapists can advise you on which treatments may be best for your child and build a personalized care plan.
Long-Term Treatment & Therapy Options for a Birth Injury
Standard treatment options used for birth injuries include
- Adaptive Equipment: Children with hypoxic-ischemic encephalopathy (HIE), brachial plexus injury, cerebral palsy, and spinal cord injuries can benefit from adaptive equipment like crutches, braces, wheelchairs, and catheters. Hearing aids, automated speech generators, and communication boards can help a child with cerebral palsy express their needs and feelings.
- Medications: Children with cerebral palsy can significantly benefit from medication (Baclofen) that reduces spasms and seizures. Additionally, muscle relaxers can make a child with a brachial plexus injury more comfortable and relaxed during physical therapy. In children with mild to moderate spastic cerebral palsy, Botox can reduce muscle tightness.
- Occupational Therapy: Children with shoulder dystocia, Erb's palsy, sensory processing disorders, and traumatic injuries to the brain and spinal cord can practice their fine motor skills and be better able to perform daily activities with the help of occupational therapy. An occupational therapist can teach your child to perform basic tasks such as brushing their teeth and establishing daily routines that promote independence.
- Physical Therapy: Children with Erb's palsy can build muscle strength and increase their range of motion with physical therapy. Physical therapy can also help improve mobility and minimize pain for children with cerebral palsy and other physical issues caused by a birth injury.
- Speech-Language Therapy: Children with cerebral palsy and other feeding and communication issues resulting from birth injuries may benefit from working with a speech-language pathologist. A speech therapist can help your child express their emotions, improve their communication skills and feeding, and strengthen the muscles involved in speech and oral motor skills. Augmentative/alternative communication devices can also help children develop their ability to share their thoughts with other people.
- Surgery: Children suffering from severe nerve damage or fractures may require surgical intervention. A doctor may recommend surgery to reverse the effects of brachial plexus injuries caused by negligent care during labor and delivery. Hip muscle release surgery can alleviate pain and prevent dislocation in children with cerebral palsy who develop hip subluxation. A surgeon may also recommend a selective dorsal rhizotomy (SDR) for children who are affected by spasticity.
When you think of healthcare professionals that could be held liable in a birth injury negligence lawsuit, you might automatically think of doctors and nurses. In addition to doctors, defendants in a medical negligence lawsuit can be any healthcare provider or medical facility that causes harm or injury to a patient. A skilled birth injury lawyer in Texas can investigate the facts of your case and determine who may be responsible for your child's birth injury.
Birth Injuries In Texas
A total of 373,594 babies are born in Texas every year. The National Healthcare Quality Report estimates that approximately 7 out of every 1,000 infants are born with birth injuries in the United States. This means that 2,646 babies are estimated to sustain birth injuries in the state each year. Texas was one of four states whose infant mortality rates increased, along with Georgia, Iowa, and Missouri in 2022. 2% of these infant deaths are estimated to be the result of fatal birth injuries.
A child's chances of suffering a fatal birth injury are highest within the first 28 days after birth. In 2020, 1,946 Texas babies died before their first birthday. The causes of infant deaths within the first 28 days after birth are usually related to conditions or diseases that develop due inadequate treatment and care immediately after birth.
Although most births go according to plan, medical errors can occasionally occur intentionally or accidentally. In fact, a study published by the University of John Hopkins estimated that medical errors are the third leading cause of death in the United States.
Between 2018 and 2020, severe medical complications from pregnancy and childbirth in Texas increased from 58.2 to 72.7 cases per 10,000 deliveries. According to a study conducted by the Healthcare Cost and Utilization Project, 157,700 mothers and newborns sustained potentially avoidable injuries in a single year. According to obstetric (OB) claims data, 40% of obstetric claims result from medical mistakes made during labor and delivery.
The most common examples of medical negligence prior to, during, or after delivery include failure to monitor the mother and fetus during the administration of labor-inducing medications, failing to identify and respond to a non-reassuring fetal heart rate (NRFHRS), and failure to identify obstetric emergencies.
A reported 41% of OB claims involving injuries to babies result in neurological damage, while 34% lead to fetal death. During labor and delivery, there are a few medical situations that increase the risk of an injury more than the use of vacuum extractors and forceps.
Birth injuries resulting from assistive delivery tools (such as forceps or vacuum extractors) are most common among women between 25 and 34 years old. In vaginal deliveries without assistive delivery tools, mothers aged 15-17 are most likely to suffer birth injuries.
The most serious neonatal complication experienced during vacuum-assisted deliveries was subgaleal hematoma (a potentially fatal brain bleed). The most common causes of neonatal death are preterm birth, intrapartum complications, and maternal infections.
In Texas, the rate of severe complications during pregnancy and childbirth skyrocketed between 2018 and 2020. It was 58.2 per 10,000 cases in 2018 and in 2020, there were 72.7 cases per 10,000. The term pregnancy-related maternal death describes deaths resulting from pregnancy complications that occur during pregnancy or within one year of the end of pregnancy.
Compared to the national average of 17.4, the maternal mortality rate in Texas in 2018 was 18.5 per 100,000 live births. In 90% of cases reviewed by the Maternal Mortality and Morbidity Review Committee, there was at least some chance of saving a pregnant mother's life. Obstetric hemorrhage, which refers to excessive bleeding during pregnancy, childbirth, or postpartum, was the leading cause of pregnancy-related death in Texas.
Who Is Held Responsible for Birth Injury Medical Negligence?
Doctors, nurses, hospitals, and other medical professionals have a duty to provide a mother and her baby with the best possible care at all times. When healthcare providers and hospitals fail to meet the required standard of care, they may be held liable for medical negligence. Several parties may be held liable for a child's birth injuries, and in some cases, liability may be shared among multiple parties.
Some examples of healthcare providers and/or entities that can be held liable for medical negligence
- Obstetricians (OB-GYN)
- Other obstetric professionals
- Anesthesiologists
- Pediatricians, including pediatric neurologists
- Midwives
- Nurses
- Labor and delivery nurses
- Neonatal nurses and aids
- Radiologists
- Neonatologists or pediatricians providing neonatal care
- Respiratory therapists
- Hospitals and medical facilities
- Hospital administrators
- Other hospital staff members
- Maternal-fetal medicine physicians and specialists (MFM)
- Laboratory staff
Hospitals may be held "vicariously" if a patient suffers harm due to the negligent actions of their employees. For example, hospitals may be held vicariously liable for a doctor's failure to monitor a mother and her baby before, during, or after delivery.
A hospital may also face direct liability for its own negligent actions or omissions. For instance, hospitals may be liable for failing to staff certain units properly or for labeling medication improperly. When bringing a medical malpractice claim against a negligent healthcare provider, the plaintiff (injured party) must present sufficient evidence to show that the defendant (healthcare provider) breached their duty of care and caused the plaintiff to suffer an injury. Our Texas birth injury lawyers have handled cases against major hospitals, including Texas Methodist and Memorial Hermann.
Four Elements of Medical Negligence in a Birth Injury Case
When a child and their family have been affected by sub-standard medical care, pursuing a medical malpractice lawsuit against the negligent doctor, hospital, nurse, or other medical professional can help them recover compensation to cover the cost of their child's current and lifelong needs.
If you decide to file a birth injury claim, your birth injury attorney in Texas will have the burden of presenting evidence to prove that your child's birth injury was caused by medical malpractice. The following are the four key elements that must be established in a medical malpractice claim related to a birth injury:
- Duty of care: The plaintiff (pregnant mother) must establish that they had an existing relationship with the physician or other healthcare provider. Once this has been established, the doctor has a duty to provide reasonable care to a mother and her child during childbirth.
- Breach of duty of care: The physician failed to provide an expected standard of care that another medical professional would have provided under the same or similar circumstances. This is what is commonly known as "medical negligence" or "medical malpractice."
- Causation: The doctor's breach of duty (negligence/malpractice) was a cause or contributing cause of the birth injury.
- Damages: The doctor's negligence caused the child to suffer compensable damages (i.e., lost income, the cost of medical care, disability, mental anguish, and pain and suffering).
Establishing these legal elements requires testimony from expert witnesses. Medical professionals with extensive experience in the relevant field and knowledge of accepted practices within that specialty can offer invaluable insight as expert witnesses and play a critical role in determining whether negligence occurred. A qualified birth injury law firm like Miller Weisbrod Olesky works with highly regarded experts across the United States.
A Texas birth injury lawyer can find out who is at fault for your child's injuries and hold them accountable for their actions. Your dedicated attorney will begin investigating the facts of your case as soon as possible and gather all relevant evidence to support your claim.
Types of Evidence Required in Birth Injury Cases
Compiling evidence that demonstrates the harm your child has endured due to a medical provider's negligent care is essential to substantiating the cause of your child's birth injury and building the strongest case possible. If you're considering filing a birth injury claim, the types of evidence you may need will ultimately depend on the specifics of your case.
Be sure to gather up your child's medical records and keep notes on any doctor's appointments, medications, therapy, and records of any communication you have had with your physician and/or the hospital. If you do not know how to gather these records, quickly hiring an expert birth injury attorney like those at Miller Weisbrod Olesky can gather these records on your behalf.
Common types of evidence your Texas birth injury lawyer will gather on your behalf:
- Medical records of the baby's birth injury and any follow-up care
- The mother's medical records during pregnancy, labor, and delivery
- Witness interviews from anyone involved in the delivery (obstetricians, nurses, and other medical professionals)
- Test results, X-rays, and MRI scans
- Expert testimony from medical experts in the same or related field, financial experts, actuaries, and life-care planners
- The estimated cost of any future treatment the child will need
- Previous complaints filed against the medical professional
- Invoices, check stubs, or work schedules showing income you've lost as a result of your infant's injury
- The medical professional's employment and disciplinary records
- A detailed account of the events that occurred before, during, or after delivery
- Physician, nursing, and operative notes
- Records detailing the administration of any medication
- Photos and videos of the labor, delivery, and even your child's injuries
- Documentation that describes co-existing conditions or complications
- Medical bills for any injury-related costs
- Other bills and receipts showing any additional costs you've incurred
- Hospital orders, policies, and records
Our birth injury attorneys in Texas will consult with one or more expert medical witnesses who can demonstrate how a doctor, hospital, or other healthcare provider's actions or failure to act led to your child's birth injury. Expert testimony is typically required to establish the standard of care a reasonable medical professional in the same specialty would have provided in a similar or the same situation.
We will also consult with physicians, life care planners, and economists who can provide an opinion regarding your child's long-term medical needs and diminished ability to earn income in the future due to the injury. In pursuing compensation, strong evidence is crucial to prove liability and demonstrate the extent of the harm caused by the medical provider's negligence.
Available Compensation in a Texas Birth Injury Claim
The compensation you could receive if your child has suffered a birth injury due to medical negligence can help you cover expenses associated with your child's injury, including the cost of lifelong care. The settlement amount you may be awarded in a birth injury claim will depend on several factors, including the level of medical negligence that took place. Damages in birth injury cases are generally divided into two categories; economic and non-economic losses.
Economic Damages
These damages typically include any direct financial losses you or your child have suffered as a result of the birth injury.
- Medical bills and life care expenses (including the cost of any future medical care)
- Rehabilitation and therapy costs (occupational, physical, speech, behavioral, and cognitive)
- The cost of attendant and home health care
- Parents loss of income or wages due to caring for their child if they are unable to or must take time off work (including future loss of income)
- The cost of medication
- The cost of adaptive equipment and technology (hearing aids, specialized keyboards, and wheelchairs)
- Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
- The cost of special education and tutors
- Home and vehicle modification costs (such as ramps or accessible bathrooms)
- The cost of surgery or other specialized treatment
- The cost of diagnostic testing
Non-economic Damages
Non-economic damages are meant to compensate birth injury victims for more subjective forms of harm, such as pain and suffering or emotional distress.
- Pain and suffering
- Diminished quality of life
- Disability and Physical Impairment
- Disfigurement and permanent scarring
- Mental Anguish
- Anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of consortium
Punitive or exemplary damages may be awarded when the at-fault party's conduct is grossly negligent, reckless, intentional, or malicious. These damages are designed to punish the negligent healthcare professional for their extreme carelessness or disregard and deter others from making the same mistakes in the future.
Some of the factors that may be considered in determining the amount of compensation you may be awarded include the severity of your child's birth injury, the extent of economic losses you've incurred, and the long-term effects of the injury on your child's quality of life.
To determine the potential amount you're owed, a Texas birth injury lawyer will investigate the details of your case and determine which damages apply in your case. It is crucial to remember that the statute of limitations sets the maximum time you have to initiate legal proceedings. Missing the deadline could prevent you from filing a lawsuit altogether.
No Time to Waste: Birth Injury Statute of Limitations Texas
The statute of limitations for birth injury cases in Texas limits the time frame during which an injured victim can initiate a medical malpractice lawsuit against a negligent healthcare provider or hospital.
According to Chapter 74 of the Civil Practices & Remedies Code for Texas; there are several deadlines for birth injury cases.
- For all damages other than medical expenses up until age 18, the statute of limitations requires that a lawsuit be filed by the time the child is 14 years old.
- To recover, the medical expenses of the child from birth until age 18, the case must be filed earlier—it must be filed within 2 years of the negligent acts (usually at or shortly after birth).
It is important to know if the statute for the medical expenses is missed, a birth injury lawsuit can still be filed in Texas for all non-economic damages and medical expenses and loss of earnings capacity for after age 18. Yes! This can be confusing so contact an experienced birth injury attorney like those at Miller Weisbrod Olesky for a free consultation on you and your child’s rights.
If the statute of limitations runs out in your case, you may miss your chance to recover compensation for your child. The discovery rule is one such exception that allows an injured victim to bring a lawsuit against a negligent hospital or medical professional as soon as the injury is discovered or should have been reasonably discovered. It is also essential to keep in mind that the statute of limitations varies by state and the type of claim being filed.
Miller Weisbrod Olesky Is Different from Most Law Firms…We Provide Help Now!
Many birth injury law firms focus only on pursuing their client's legal cases. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. Our team focuses on helping our clients NOW when they need it most.
We know that children with birth injuries like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy often require intense therapy, specialized medical treatment, and assistive care. The stress of providing for a birth-injured child's needs can be both emotionally and financially draining.
But just 'knowing' this is not enough. We act on this knowledge by providing exceptional services to birth-injured children and their families.
What Can Our Texas Birth Injury Lawyers Do for You?
As Texas Birth Injury Lawyers, we fight to get justice for our clients. We believe in holding negligent medical professionals accountable for their negligence.
- Discussing your case with you in detail
- Using our extensive resources to investigate your baby's records thoroughly
- Providing nurse-attorneys and nursing staff who understand what has happened medically
- Consulting with experts who understand how you and your child should have been treated
- Seeking compensation for your baby's injuries from the people who caused them
Miller Weisbrod Olesky's Dedication to Clients
Schedule A Free Consultation with a Texas Birth Injury Lawyer Today
Was your child born with a traumatic birth injury? Do they have severe disabilities and struggles that are financially and emotionally exhausting? Medical malpractice and preventable medical mistakes could be the cause of your child's injury. If so, we can help.
Schedule a free consultation with one of our experienced Texas Birth Injury Attorneys. We have the skills and resources to investigate your potential claim. Our registered nurses and nurse-attorneys on staff provide a deeper understanding of medical issues and an unmatched level of care to our clients. And we don't get paid until we win your case. Call (888) 987-0005 to get started or send us a completed contact form.
We do not collect a fee until we win your case. You're facing some challenging decisions – whether someone caused your baby's birth injury and how to hold them accountable. As experienced Birth Injury Attorneys in Texas, we have obtained multi-million dollar verdicts and settlements for clients like you. The millions of dollars our clients received were used for therapies, treatments, assistive devices, caregivers, and planning for the future. Don't hesitate to get in touch with us today to discuss your unique circumstances.
Our Texas birth injury lawyers at Miller Weisbrod Olesky know how complex birth injury lawsuits can be. With a deep understanding of Texas medical malpractice laws and regulations, our attorneys have the skills and knowledge to hold negligent healthcare professionals and hospitals accountable for their actions.
Our nationally-recognized birth injury law firm has successfully represented countless medical malpractice clients in over 20 states and secured multi-million dollar results. The emotional and financial toll that birth injuries can take on families is often overwhelming, which is why we dedicate ourselves to providing effective representation for all our clients and fighting for the maximum compensation available in their cases.
If your child's birth injury was caused by medical negligence, we encourage you to get in touch with us as soon as you're ready to take legal action by calling our toll-free line at 888-987-0005 or by filling out our convenient online form.
Birth Injury Support Groups Texas
After a traumatic birth injury, there are several different types of support groups that may help your child and family cope. Whether your child has cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or other birth injuries and disabilities, there are a variety of resources available to ease some of the hardships that come with these conditions.
Parents can also gain a sense of belonging in support groups by connecting with other parents who have gone through similar experiences. Various support groups in Texas include:
- Reproductive Psychiatry and Counseling Austin (RPC)
- Any Baby Can
- Independent Steps of Dallas/Fort Worth Conductive Education
- Path Project Texas
- Navigate Life Texas
- Easter Seals North Texas
- Texas Parent to Parent
- Project Poder
- Parent Training and Information Projects
- Texas Council for Developmental Disabilities (TCDD)
- National Federation of Families
- Learning Disabilities Association of Texas
- Epilepsy Foundation Central and South Texas
- United Cerebral Palsy of Texas
- The Brain Injury Association of American-Texas Division
- Independent Living Research Utilization (ILRU)
- Children with Special Health Care Needs Program
Taking advantage of the great resources outlined above can be extremely helpful if you have a child or care for a child who has suffered a traumatic birth injury. These resources include specialized therapy programs, support groups for parents, educational materials on managing and coping with birth injuries, and access to medical professionals who specialize in treating such injuries. When you feel overwhelmed or worried about your child’s future and their daily challenges, joining a community support organization and talking to others about what you may be going through can make you feel less alone.