Search
Close this search box.

Birth iNjury Attorneys

Contact the carlson law firm for help
pregnancy icon

Contact the Carlson Law Firm for Help

Was your Child injured at Birth by a Doctor or hospital? We can help.

The birth of a child is meant to be a joyful experience, but complications can sometimes result in birth trauma or injuries. Childbirth is a complex medical process involving various professionals and many variables, and unfortunately, errors can occur. When birth injuries are caused by medical malpractice or negligence, families might be eligible for compensation through birth injury litigation.

Some common medical mistakes that lead to birth injuries include:

  • Failure to diagnose or treat maternal infections
  • Delayed C-sections or deliveries
  • Improper use of vacuum or forceps during delivery
  • Failure to monitor fetal distress or oxygen deprivation
  • Medication errors or incorrect dosages
  • Negligent prenatal care or monitoring
Ā 

The long-term effects of these injuries on a child’s development and quality of life can vary based on the injury’s severity and type. Common birth injuries include cerebral palsy, Erbā€™s palsy, brachial plexus injuries, and spinal cord or brain injuries, leading to physical impairments, developmental delays, cognitive deficits, and other lifelong challenges.

Additionally, birth injuries can significantly affect both the mother and child’s emotional well-being and finances. Families may struggle with ongoing medical expenses, loss of income, and emotional distress.

If your child has experienced a preventable birth injury in Texas, it’s crucial to understand your legal rights and options. Reach out to our Texas birth injury attorneys today.

Do you Need a BIRTH INJURY Attorney?

If your newborn baby was injured during birth, itā€™s possible that theyā€™ve suffered either brain or nervous system injuries. Often our injury attorneys see babies that have suffered from oxygen deprivation or brain bleeds. These conditions can lead to severe physical and cognitive impairments and even death. For example, injuries to the nervous system may lead to immobility or facial paralysis.

Hiring an experienced birth injury attorney is the first step in protecting your and your child’s rights. We can ensure your child has the money to provide adequate medical care that may be necessary.

Has your baby suffered from any of the following?

This is not an exhaustive list of injuries our birth injury lawyers handle. Contact us for a free consultation to discuss the specifics of your claim.

Qualifying for a birth injury lawsuit

If you or your child were injured in one of the ways listed above, you may be able to pursue a birth injury lawsuit. We are considering clients whose child meet the following criteria:

Schedule a free consultation today.

Signs of a birth injury

If you had a traumatic birth, As your child grows it's important to keep an eye on the following:

Mental Delays

Mental delays can occur when a birth injury affects a childā€™s brain development. These delays may manifest as slower cognitive development, learning disabilities, or difficulties with memory, attention, and problem-solving. Early intervention and specialized care can help manage these challenges and support a child's growth.

Physical Delays

Physical delays are common signs of a birth injury and may involve challenges with motor skills, coordination, or muscle control. These delays can result in difficulty crawling, walking, or grasping objects, often requiring physical therapy or other medical interventions to improve mobility and independence. The first signs may be delayed rolling over or your baby not moving one arm.

Injuries at birth

Injuries sustained during birth, such as fractures, nerve damage, or brain injuries can have immediate and long-term effects on a child's health and development. Signs of these injuries may include bruising, breathing difficulties, seizures, or muscle weakness. Prompt medical attention is crucial to address these issues and prevent further complications.

Understanding Traumatic Birth Injuries

When a traumatic birth results in injury, understanding the specific terms and conditions associated with birth injuries can be crucial for affected families. Birth injuries like hypoxia, cerebral palsy, and brachial plexus palsy can have lifelong consequences, impacting a child’s physical and cognitive development. Knowing these terms can help families identify potential signs of birth injuries, seek appropriate medical care, and consult a birth injury attorney to explore their legal rights and options for pursuing compensation.

Hypoxia

Hypoxia occurs when a babyā€™s brain and other organs donā€™t receive enough oxygen during birth. This lack of oxygen can cause significant damage, leading to long-term developmental issues or disabilities. A traumatic birth, such as prolonged labor or complications during delivery, can increase the risk of hypoxia. If your child has suffered from hypoxia, consulting a birth injury attorney can help you understand your legal options for seeking compensation.

Signs of Trauma: Signs of hypoxia in newborns can include low Apgar scores, bluish skin (cyanosis), weak muscle tone, slow or absent reflexes, difficulty breathing, and seizures. Long-term signs may involve developmental delays, learning disabilities, and behavioral problems due to brain damage caused by a lack of oxygen.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when the brain doesn’t receive adequate oxygen and blood flow, usually during a traumatic birth. HIE can result in severe and permanent neurological impairments, including motor dysfunction and cognitive delays. Itā€™s crucial to recognize the signs early and seek medical and legal assistance. A birth injury attorney can help families navigate the complexities of HIE cases to secure necessary resources and support.

Signs of Trauma: Newborns with HIE may exhibit signs such as low muscle tone (floppiness), weak or absent reflexes, difficulty feeding, seizures, and reduced responsiveness. Long-term effects can include cerebral palsy, cognitive impairments, epilepsy, and other neurological disabilities, depending on the severity of the brain injury.

Cerebral Palsy

Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture, often resulting from a brain injury like HIE during a traumatic birth. It can cause varying degrees of physical impairment and developmental challenges, affecting a child’s quality of life. If cerebral palsy was caused by medical negligence, a birth injury attorney could help you pursue compensation to cover medical expenses and long-term care needs.

Signs of Trauma: Signs of cerebral palsy often include abnormal muscle tone (either too stiff or too floppy), involuntary movements, difficulty with balance and coordination, delayed milestones like crawling or walking, and challenges with fine motor skills. These symptoms can vary in severity, impacting overall mobility and daily functioning.

Shoulder Dystocia

Shoulder dystocia occurs when a baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, often resulting in a traumatic birth. This condition can lead to serious injuries such as nerve damage or fractures. Immediate medical intervention is required to minimize harm. If shoulder dystocia was improperly managed, a birth injury attorney can assist in determining if medical negligence occurred and what legal actions may be necessary.

Signs of Trauma: Shoulder dystocia can cause immediate signs of injury, such as a visibly stuck shoulder during delivery, bruising, and swelling of the affected arm. Long-term damage might include nerve injuries like brachial plexus palsy, fractures of the collarbone or arm, and limited movement or weakness in the affected limb.

Brachial Plexus Palsy

Brachial plexus palsy is a birth injury that involves damage to the network of nerves controlling the arm and hand, often due to a traumatic birth where excessive force is used. This injury can lead to weakness, loss of sensation, or paralysis in the affected arm. A birth injury attorney can provide guidance on how to seek compensation for medical treatments and therapies that may be required for recovery.

Signs of Trauma: Newborns with brachial plexus palsy may have an inability to move their shoulder, arm, or hand on the affected side, a limp or paralyzed arm, and decreased grip strength in the hand. Over time, this can lead to muscle atrophy and reduced arm functionality if not treated properly.

Erbā€™s Palsy

Erbā€™s palsy is a type of brachial plexus palsy caused by nerve damage during a difficult or traumatic birth, such as with shoulder dystocia. This injury can result in arm weakness or paralysis, affecting a child’s ability to perform everyday tasks. Legal representation from a birth injury attorney can help families explore their rights and pursue compensation for medical care and rehabilitation.

Signs of Trauma: Erbā€™s palsy typically presents as weakness or paralysis in the arm, a lack of muscle control in the arm or hand, and an inability to move the shoulder. The affected arm may also hang limply, and there could be a loss of sensation. Early intervention is crucial for the best possible recovery.

Brain Damage

Brain damage in newborns can result from various complications during a traumatic birth, including oxygen deprivation or physical trauma. The effects can range from mild cognitive impairments to severe disabilities, impacting a child’s overall development and quality of life. A birth injury attorney can help determine if medical malpractice contributed to the brain damage and assist in pursuing legal recourse.

Signs of Trauma: Signs of brain damage in newborns can include abnormal reflexes, excessive crying or irritability, feeding difficulties, and seizures. As the child grows, brain damage might present as developmental delays, cognitive impairments, and issues with coordination or motor skills.

Developmental Delays

Developmental delays refer to when a child does not reach developmental milestones within the typical age range, often due to injuries sustained during a traumatic birth. These delays can affect motor skills, language, social skills, and cognitive functions. Identifying these delays early and seeking legal help from a birth injury attorney can ensure families receive the support and compensation they need for ongoing care.

Signs of Trauma: Developmental delays are often identified when a child does not achieve milestones, such as rolling over, sitting up, crawling, or speaking, within the expected age range. Other signs can include difficulties with fine and gross motor skills, social interactions, and communication, often requiring ongoing therapeutic support.

Forceps Delivery

A forceps delivery is an assisted delivery method where a healthcare provider uses forceps to guide the baby through the birth canal. While sometimes necessary, improper use can lead to traumatic birth injuries, such as skull fractures, facial nerve injuries, or brain damage. If a forceps delivery has caused harm, consulting with a birth injury attorney is essential to determine if medical negligence was involved.

Signs of Trauma: Injuries from forceps delivery can include bruising or lacerations on the babyā€™s head and face, skull fractures, facial nerve injuries leading to facial asymmetry, and intracranial hemorrhages. If improperly performed, it may also result in longer-term neurological issues like cerebral palsy or brain damage.

Vacuum Delivery

A vacuum delivery involves using a suction device to assist in delivering a baby during a difficult or prolonged labor. While this method can be lifesaving in some cases, it can also result in traumatic birth injuries, such as scalp wounds, skull fractures, or brain bleeds, if not performed correctly. Families affected by vacuum delivery injuries may seek the advice of a birth injury attorney to understand their legal options and rights.

Signs of Trauma: Signs of damage from a vacuum delivery might include scalp wounds or lacerations, cephalohematoma (a collection of blood under the scalp), skull fractures, and, in severe cases, brain bleeds. These injuries can lead to long-term complications, including developmental delays and neurological disorders if not managed correctly.

Knowing what to look for can help parents identify potential birth injuries early and seek appropriate medical and legal assistance.

How long do I have to file a birth injury lawsuit?

If you believe your child was injured as a result of a medical mistake, you should contact an attorney right away to discuss your claim. No matter your child's age, our traumatic birth attorneys will take a look at your case if gross negligence occurred. Schedule a free consultation with The Carlson Law Firm today.

How can an attorney help with your case?

Hiring an attorney can be crucial when facing a legal challenge, such as a birth injury case or any other type of personal injury claim. An experienced lawyer not only understands the complexities of the law but also provides essential support throughout the legal process.

A birth injury attorney ensures your rights are protected and works toward securing the best possible outcome.

An attorney will assess the details of your situation to determine if you have a valid claim. This involves reviewing medical records, consulting with experts, and understanding the circumstances surrounding the injury to decide if legal action is appropriate.

Attorneys are skilled at collecting and examining evidence crucial to your case. This can include medical records, expert testimonies, and witness statements, all of which help build a strong foundation for your claim.

Lawyers are experienced negotiators who can communicate with insurance companies or the opposing party on your behalf. They aim to reach a fair settlement that compensates you adequately for your damages, without you having to navigate the complexities of negotiations.

Throughout your case, an attorney offers expert advice, helping you understand your legal rights and options. They guide you through each step, ensuring you make informed decisions that align with your best interests.

If a fair settlement cannot be reached, an attorney will represent you in court, presenting evidence and arguments to support your case. Their experience in litigation can be invaluable in securing a favorable verdict.

Legal cases involve strict procedures and deadlines that must be adhered to. An attorney ensures all necessary paperwork is filed correctly and on time, preventing any delays or issues that could jeopardize your case.

Attorneys work diligently to secure the maximum compensation for your damages, including medical expenses, lost wages, pain and suffering, and other related costs. They understand the full extent of what you may be entitled to and fight to achieve it.

Dealing with a legal issue can be emotionally challenging. An attorney not only acts as your advocate in legal matters but also provides emotional support, helping you navigate the stress and uncertainty of the legal process.

These services we provide will ensure you have the best possible support and representation, helping you achieve a fair outcome in your case.

Ā 

How can a Birth Injury lawyer help with my case?

A birth injury lawyer can provide invaluable assistance if your child has suffered an injury during birth. They can help you understand your legal rights, investigate whether medical negligence or malpractice contributed to the injury, and build a strong case to pursue compensation. With expertise in handling complex medical evidence and navigating the legal process, a birth injury lawyer ensures you receive the support and financial resources needed for your childā€™s ongoing care and recovery.

Image of Craig Carlson talking to a man at a table
Legal themed image at desk

Choosing the right lawyer for your family

Choosing the right lawyer for a birth injury case is crucial for ensuring the best possible outcome for your family. Here are some key steps to help you choose the right lawyer:

  • Look for experience and specialization
  • Check credentials and reputation
  • Assess communication and comfort level
  • Understand fees and payment structure
  • Evaluate their resources and support team
  • Consider location and availability

Requesting an X-Ray: Understanding the Importance of Proper Diagnosis

If your newborn has been diagnosed with a broken clavicle (collarbone) after birth, itā€™s crucial to request an X-ray to confirm the injury and rule out other possible conditions. Many parents are told their child has a broken clavicle but never see an X-ray, and in some cases, the real issue may be a brachial plexus injury.

What is a Brachial Plexus Injury?

The brachial plexus is a network of nerves that runs from the spine through the neck and controls movement and sensation in the shoulder, arm, and hand. A brachial plexus injury occurs when these nerves are stretched, compressed, or torn during delivery, often due to a traumatic birth. This type of injury can happen if there is excessive pulling on the babyā€™s head or neck during birth or if the baby’s shoulders get stuck behind the mother’s pelvic bone (shoulder dystocia).

Why is an X-Ray Important?

While a broken clavicle can occur during delivery, the symptomsā€”such as a limp or immobile arm, weakness, or lack of movementā€”can also indicate a brachial plexus injury. Unlike a broken bone, which is typically visible on an X-ray, a brachial plexus injury affects the nerves and may not be immediately apparent without proper examination. Without an X-ray, a misdiagnosis can lead to inadequate treatment and prolonged recovery, potentially causing permanent nerve damage and long-term disability.

Why Might Doctors Avoid Ordering an X-Ray?

In some cases, doctors may avoid ordering an X-ray because diagnosing a brachial plexus injury could suggest that the injury was due to excessive force or improper handling during delivery, raising concerns of medical negligence. A confirmed diagnosis of a brachial plexus injury could provide grounds for legal action if it is believed that the injury resulted from avoidable mistakes during childbirth.

What Should Parents Do?

If you are told your child has a broken clavicle, insist on an X-ray to confirm the diagnosis and rule out other injuries such as a brachial plexus injury. Itā€™s essential to advocate for your childā€™s health and ensure they receive the correct diagnosis and appropriate care. If you suspect that your childā€™s injury was caused by medical negligence, consulting a birth injury attorney can help you understand your legal rights and explore options for seeking compensation.

Is there a statute of limitations on birth injury lawsuits?

Generally speaking, in Texas, the statute of limitations for filing a birth injury lawsuit is generally two years from the date of the injury or from the date the injury was discovered. However, if the injured child is under 18 years old at the time of the injury, the statute of limitations is extended, allowing parents or guardians to file a lawsuit until the child turns 18. Given the complexities surrounding these cases, it is crucial to consult with an attorney as soon as possible to understand the specific time limits and ensure your rights are protected.

FAQs: Birth Injury Claims

Birth injuries refer to any physical harm or medical condition that a baby suffers during the process of childbirth. These injuries can range from mild bruising or fractures to severe conditions such as cerebral palsy or brain damage.

Signs of a birth injury may include unusual muscle stiffness or limpness, difficulty feeding, seizures, excessive crying, or developmental delays. Itā€™s important to consult a medical professional if you suspect your baby has suffered a birth injury.

Some birth injuries can be prevented with proper prenatal care, timely medical interventions, and careful monitoring during delivery. However, not all birth injuries are preventable, especially those caused by unavoidable complications during childbirth.

Medical negligence occurs when a healthcare professional fails to provide the standard of care expected during childbirth, resulting in harm to the baby or mother. Examples include failing to monitor the babyā€™s oxygen levels or improperly using delivery tools.

If you suspect your child has a birth injury, seek immediate medical attention to diagnose and treat the injury. Additionally, consider consulting a birth injury attorney to understand your legal rights and options for seeking compensation.

How Can I Contact a Birth Injury Lawyer?

You can speak to an experienced birth injury attorney from The Carlson Law Firm at 866-779-0336. The best legal representation comes from lawyers who care about you and care about your situation. Our malpractice lawyers will treat you with the respect you deserve and give your case the attention it requires.

Ā 
Carlson Law Firm logo seal shape

There's a CARLSON LAW FIRM Near You

With over a dozen locations throughout Texas, thereā€™s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.

free consultation

Ready to get started?