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Holding Negligent Healthcare Providers in Houston Accountable 

Texas law holds medical providers accountable to the current standards of care in their profession. Accordingly, when families welcome a new child, they expect the delivery process to be handled with the highest level of care. Unfortunately, preventable medical errors can result in birth injuries that cause lasting harm to both the child and the family. 

At Davis Law Group, we understand the profound physical, emotional, and financial toll that birth injuries create. Our birth injury attorneys in Houston are here to hold negligent healthcare providers accountable and to fight for the justice your family deserves.

What Are Common Causes of Birth Injuries?

Birth injuries can vary in severity, ranging from minor bruises and lacerations to more serious conditions such as cerebral palsy, Erb's palsy, and brain damage. These injuries can result from a variety of factors, including the following:

  • Improper use of forceps or vacuum extractors during delivery
  • Failure to monitor fetal distress
  • Delayed or improper delivery techniques
  • Failure to diagnose or treat maternal infections
  • Medication errors during pregnancy or childbirth
  • Inadequate prenatal care

Birth injuries resulting from these or other factors can have lifelong consequences for the child and their family. Families must seek legal advice right away if they suspect that their child's birth injury was caused by medical negligence or malpractice.

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Common Medical Malpractice Birth Injuries

Frequent causes of birth injuries include failure to monitor fetal distress, delayed cesarean section, improper use of forceps or vacuum extractors, medication errors, and medical neglect during pregnancy. Among the most common medical malpractice birth injuries are:

Cerebral Palsy

Often linked to oxygen deprivation during labor or delivery, cerebral palsy can cause lifelong issues with muscle control, movement, and coordination.

Brachial Plexus Injuries (Erb’s Palsy)

These injuries occur when the network of nerves in the shoulder is stretched or torn, typically due to excessive pulling or improper use of delivery instruments. Children may experience weakness, numbness, or paralysis in one arm.

Brain Damage from Hypoxia

If a baby does not receive enough oxygen during labor or delivery, brain cells may be permanently damaged, leading to developmental delays, seizures, or cognitive impairments.

Fractures and Broken Bones

Misuse of forceps or vacuum extractors, or improper handling of a difficult delivery, can cause clavicle or skull fractures.

Facial Paralysis

Pressure from forceps or mishandling during delivery can damage facial nerves, sometimes resulting in long-term paralysis.

Spinal Cord Injuries

Rare but devastating, these injuries can cause permanent disability and are often the result of extreme force during delivery.

Each of these conditions can alter the course of a child’s life and place an immense burden on families. 

What Are Some Birth Injuries That Affect Mothers?

  • Perineal Tears: Tears in the perineum, the area between the vagina and anus, can occur during childbirth, especially if an episiotomy is performed.
  • Uterine Rupture: In rare cases, the uterus can tear during labor, which can lead to severe bleeding and the need for emergency surgery.
  • Postpartum Hemorrhage: Excessive bleeding after childbirth can occur due to various factors, including tears in the uterus, cervix, or vaginal tissues.
  • Infections: Mothers can develop infections after childbirth, such as endometritis (infection of the uterine lining) or perineal infections.
  • Preeclampsia: This pregnancy complication is characterized by high blood pressure. Usually occurring after 20 weeks of pregnancy, it can cause damage to other organs, most often the liver and kidneys, and lead to serious, even fatal, complications if not treated.
  • Cesarean Section Complications: While a C-section can be a life-saving procedure, it also carries risks, including infection, blood loss, and injury to surrounding organs.
  • Emotional Trauma: Difficult or traumatic childbirth experiences can lead to emotional distress, including postpartum depression or post-traumatic stress disorder (PTSD).

In some cases, tearing during childbirth is unavoidable, but if it is excessive or caused by the negligence of medical staff, it may lead to a birth injury claim. Failure to properly monitor the mother's vital signs and prenatal health can also result in various adverse medical conditions for the mother.

How Can Birth Injuries Be Prevented?

Preventing birth injuries involves comprehensive prenatal care and attentive medical practices during labor and delivery. Regular prenatal check-ups help monitor the health of the mother and her baby, allowing for early detection and management of any potential issues. During labor, healthcare providers should closely monitor the progress of labor, the baby's heart rate, and the mother's vital signs. Proper techniques during delivery, such as controlled pushing and the use of forceps or vacuum extraction when necessary, can also help prevent birth injuries. Additionally, ensuring that medical staff are well-trained and experienced in handling childbirth complications can significantly reduce the risk of birth injuries.

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What Should You Do After a Birth Injury?

  • Seek Medical Attention: The health and safety of your child are paramount; seek medical attention from qualified healthcare professionals immediately.
  • Document Everything: Keep detailed records of the medical treatment your child receives, including doctor visits, test results, and medications prescribed.
  • Call Davis Law Group: Contact our Houston birth injury lawyers with experience handling cases like yours to provide legal guidance and help you understand the legal process, including filing a claim and representing your interests in court if necessary.
  • Gather Evidence: Collect any evidence related to the birth injury, such as medical records, photographs, and witness statements.
  • Consider Your Child's Future: Birth injuries can have long-lasting effects on your child's health and well-being; consider seeking compensation to cover medical expenses, ongoing care, and other related costs.
  • Focus on Your Child's Care: While pursuing legal action is important, your child's health and well-being should always come first, and the medical care and support they need are most important.
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A pregnant woman in the hospital

Who Can Be Held Liable for Birth Injuries?

Birth injuries caused by medical negligence may involve multiple responsible parties, including:

  • Doctors and obstetricians 
  • Nurses or other medical staff 
  • Hospitals or clinics 
  • Pharmaceutical companies or equipment manufacturers 

Our skilled birth injury attorneys will carefully investigate medical records, staff actions, and hospital policies to determine who should be held accountable.

What Compensation Can I Receive from My Birth Injury Claim?

Families can recover compensation for both current and future medical expenses, including rehabilitation, surgeries, and necessary medications. When a child’s condition results in the need for specialized education or ongoing therapy, those costs can also be included in a claim.
In many cases, parents may lose income or face reduced earning capacity if they must leave the workforce to provide full-time care for their child. Families can also seek damages for the child’s pain and suffering, which may include a diminished quality of life and emotional distress endured by both the child and parents.

Every birth injury case is unique, but a compassionate birth injury lawyer from our firm will carefully evaluate the circumstances and fight to secure full and fair compensation to address your family’s immediate and future needs.

Joshua P. Davis with a client

Why Trust the Davis Law Group With Your Birth Injury Case in Houston?

At Davis Law Group, we know that birth injuries can place an enormous emotional and financial burden on families. Our birth injury lawyers in Houston approach each case with compassion, determination, and a proven record of results. These claims often involve both medical and legal complexities, which is why we collaborate with respected medical experts to investigate the details, identify negligence, and build strong, evidence-based cases.

We are relentless in standing up to hospitals, doctors, and insurance companies that attempt to avoid responsibility. By combining personalized service with the resources and experience needed to take on even the toughest opponents, we fight to secure the justice and compensation families deserve. If your child has suffered a birth injury due to medical negligence, contact Davis Law Group today.

Birth Injury FAQs

How can I tell if my child’s injury was caused by medical negligence?

How long do birth injury cases take to resolve?

Can birth injuries be prevented?

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

Will my case go to trial?

How can I tell if my child’s injury was caused by medical negligence?

Only a thorough review of medical records and expert analysis can determine whether negligence played a role in the outcome. If your child has unexplained injuries or developmental delays, it is imperative to consult a birth injury attorney.

How long do birth injury cases take to resolve?

These cases are complex and may take months or even years to resolve, depending on the severity of the injury, the availability of medical records, and whether the case settles or proceeds to trial.

Can birth injuries be prevented?

Not all injuries can be prevented, but many occur due to preventable medical errors. Proper monitoring, timely intervention, and adherence to medical standards can significantly reduce risks.

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

In Texas, the statute of limitations for medical malpractice is generally two years, but birth injury cases involving minors may have different rules. Contact our team as soon as possible to preserve your rights.

Will my case go to trial?

Many cases settle before trial. However, our firm prepares every case as if it will be presented before a jury to ensure the strongest possible outcome.

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