Disclaimer: Our law firm does not handle medical malpractice cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
If your child suffered a birth injury in Dallas, TX, you may be feeling overwhelmed, heartbroken, and unsure where to turn. While some birth injuries are unavoidable, others result from preventable mistakes during labor and delivery. Understanding the difference is critical to knowing your rights.
This article explains what birth injuries are, how they happen, and what legal options may be available. If you believe your child’s injury was caused by medical negligence, it’s important to speak with a qualified birth injury attorney.
What Are Common Types of Birth Injuries?
Birth injuries vary in severity and long-term consequences. Some heal with time, while others result in lifelong disabilities.
Common birth injuries include:
- Cerebral palsy caused by oxygen deprivation
- Erb’s palsy and other brachial plexus injuries
- Brain damage due to delayed emergency intervention
- Fractures during delivery
- Facial paralysis caused by improper use of forceps or vacuums
- Shoulder dystocia injuries
- Hypoxic-ischemic encephalopathy (HIE)
Each of these conditions can take a heavy financial and emotional toll on families. Your lawyer will fight to ensure that your child has access to the best possible care and support.
What Kinds of Damages Can I Recover?
The damages available in a birth injury claim often include both economic and non-economic losses.
Economic damages cover financial losses, such as immediate and future medical expenses, therapy, specialized equipment, and in-home care.
Non-economic damages cover more personal losses, including pain and suffering, mental anguish, and diminished quality of life. Parents may also receive compensation for lost wages if they must leave work to care for their child.
In heartbreaking cases where the injury results in death, families may pursue a wrongful death claim. This type of claim can cover funeral costs and offer financial stability during a time of mourning. While no legal outcome can replace a child’s life or restore full health, pursuing compensation can provide stability and justice.
What Are Common Causes of Birth Injuries?
Not every birth injury is the result of malpractice, but many are preventable. Common causes of birth injuries include:
- Failure to monitor fetal distress during labor
- Delayed response to complications requiring an emergency C-section
- Improper use of delivery tools such as forceps or vacuums
- Failure to diagnose and treat maternal infections or conditions
- Medication errors affecting the mother or the baby
- Inadequate staffing or supervision in the delivery room
By examining every detail of your case, your lawyer can identify whether medical providers acted outside the accepted standard of care and caused avoidable harm.
How Do I Prove Negligence in a Birth Injury Case?
To hold a healthcare provider liable, your attorney must prove that they failed to act with reasonable skill and care.
This process requires:
- A thorough review of medical records and hospital protocols
- Expert analysis to compare the healthcare provider’s actions against accepted medical standards
- Evidence linking the negligent act directly to the child’s injury
- Documentation showing the long-term impact of the injury on the child and family
Hospitals and insurers often try to deny fault, claiming that injuries were unavoidable. Your attorney will be able to anticipate these defenses and use strong evidence and testimony to counter them.
How Long Do I Have to File a Medical Malpractice Lawsuit for a Birth Injury in Texas?
In Texas, most medical malpractice claims must be filed within two years of the negligent act. However, when the injury involves a child, families generally have until the child’s 10th birthday to file—if the injury occurred before age 12.
This extended deadline gives parents time to recognize long-term effects that might not be immediately obvious. Still, acting quickly is crucial. Evidence can fade, and waiting too long could put your claim at risk. An attorney can help you determine the correct timeline and ensure your case is filed before time runs out.
Contact a Dallas Personal Injury Lawyer to Arrange a Free Consultation
If your child suffered a birth injury because of medical negligence, you do not have to face the future alone. Your attorney will guide you through every step of the process, help you fight for justice, and pursue the compensation your family deserves.
Contact a Dallas personal injury lawyer from Benton Accident & Injury Lawyers today at (214) 556-8321 to schedule a free consultation.