Texas Birth Injury Lawyer

Quick Answer

Many birth injuries are preventable and caused by medical negligence. You may be eligible to file a birth injury lawsuit in Texas to receive financial compensation and pay for your child’s medical expenses. See if you can work with a Texas birth injury attorney.

Get a Free Case Review

Working With a Birth Injury Lawyer in Texas

Texas birth injury lawyers help families with children who suffered from a preventable injury during childbirth. A birth injury attorney can work to get your family financial compensation and pursue legal justice.

Attorneys will help to make the legal process as stress-free as possible when filing your medical malpractice lawsuit. Texas birth injury attorneys will file your claim, collect evidence, strengthen your case, and work to win compensation for your family.

Birth injury lawsuit compensation can be used to pay for treatments like medication, surgery, therapy, adaptive equipment, mobility devices, and more.

We have helped families near you.

Our partner law firms can represent families in the following areas:

  • Amarillo
  • Arlington
  • Austin
  • Beaumont
  • Dallas
  • Galveston
  • Houston
  • Irving
  • Lubbock
  • Pasadena
  • Plano
  • San Antonio
  • Sulphur Springs
  • Texas City
  • Other cities

You may be eligible for financial compensation if your child experienced a preventable injury at birth. Get a free case review to learn more.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Birth Injuries and Medical Negligence

Doctors and medical professionals are expected to uphold a high standard of care in the delivery room. Medical mistakes made during the delivery process can result in serious injury to a baby and may require lifelong medical treatment.

According to the Centers for Disease Control and Prevention (CDC), the average lifetime cost to care for a child with cerebral palsy is $1 million.

Situations that may be considered medical negligence during the birthing process include:

  • Failure to detect and/or treat any signs of fetal distress
  • Failure to detect and/or treat signs of oxygen deprivation or hypoxia
  • Failure to perform a C-section (cesarean section) in a timely manner
  • Improper use of assistive delivery tools including vacuum extractor or forceps
  • Use of excessive force on a child’s head, neck, arm, or shoulders

If you believe your child’s birth injury was caused by medical negligence, you may be entitled to financial compensation. This compensation can be used to pay for your child’s medical expenses. Texas birth injury attorneys can help you file your lawsuit and pursue compensation.

Types of Cases Texas Birth Injury Attorneys Work On

Texas birth injury lawyers represent families filing medical malpractice lawsuits. The types of cases that Texas birth injury lawyers handle can range by type and severity.

Texas birth injury lawyers work with families affected by several common birth injuries such as:

  • Brain damage
  • Caput succedaneum
  • Cerebral palsy
  • Cervical dystonia
  • C-section injuries
  • Erb’s palsy and other brachial plexus injuries
  • Forceps delivery injuries
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries

If your child suffered from an injury listed above, you may qualify for financial compensation. Learn more about filing a medical malpractice claim by speaking with a lawyer today.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

Get a Free Case Review

Notable Birth Injury Settlements in Texas

Not every birth injury medical malpractice case is resolved in the same way.

Most personal injury lawsuits are resolved through a settlement, which is a payout of a lump sum to the family affected. A very small percentage of birth injury cases go to trial, where a judge or jury decides whether the family will receive any money.

Settlement amounts can vary depending on different factors in each case. Birth injury settlement amounts are determined by the type of birth injury, how serious the injury was, how much medical care costs are, which state the injury occurred in, and more.

Some notable Texas birth injury settlements and verdicts include:

  • $12.5 million verdict for a child with spastic quadriplegic cerebral palsy caused by fetal distress
  • $10.3 million settlement for a child with cerebral palsy from umbilical cord suffocation
  • $7.7 million settlement for a child with cerebral palsy from delayed C-section and improper vacuum extractor use
  • $2.5 million settlement for a child with a traumatic brain injury caused by medical negligence

It is important to keep in mind that birth injury case values can vary. Working with a Texas birth injury lawyer is the best way to learn how much compensation you may be awarded by filing a lawsuit.

When to File a Lawsuit in Texas

You should contact a Texas birth injury lawyer to file your lawsuit as soon as possible due to the statute of limitations. The statute of limitations is a set time limit on how long an individual has to file a medical malpractice claim. Each state determines its own statutes of limitations. Typically, lawsuits must be filed within a few years of a birth injury or wrongful death.

TX Statute of Limitations for Birth InjuriesTX Statute of Limitations for Infant Wrongful Death
2 Years2 Years

If you do not file your lawsuit within the allotted time frame in the state of Texas, you will no longer be able to file a claim or pursue legal compensation. It is important to work with an experienced birth injury attorney to help you file within the deadline for Texas.

Get Help from Birth Injury Lawyer in Texas

Healthcare providers are trained to safely deliver babies and avoid mistakes that lead to birth injuries. When they fail to meet the expected level of care, it may be considered medical negligence.

Careless medical errors by healthcare professionals can cause severe birth injuries resulting in lifelong complications and specialized treatment. The costs of treating a severe birth injury can be devastating. Thankfully, there are options to help your child get the treatment they deserve.

If you live in the state of Texas and believe your child’s birth injury was caused by medical negligence, you may be eligible to file a medical malpractice lawsuit. Many other families have been awarded life-changing compensation to help them pay for their child’s treatment costs.

Get a free case review today to learn if you are qualified to receive financial compensation.

Texas Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Texas?

The statute of limitations for birth injury medical malpractice claims is 2 years in Texas. For infant wrongful death claims, the statute of limitations is also 2 years.

It is important to take legal action as soon as possible. You will lose your right to sue forever if you do not file your lawsuit within the statute of limitations.

How much do Texas birth injury lawyers cost?

Top Texas birth injury attorneys should come at no cost to you. Experienced birth injury lawyers work on a contingency fee basis, meaning they do not charge any upfront costs.

Your lawyer will take a percentage of your earnings to cover legal costs if you are awarded compensation from your lawsuit.

How do I know if my child’s birth injury was caused by medical negligence?

The best way to learn if your child’s birth injury was caused by medical negligence is to contact a lawyer.

Texas birth injury lawyers have the experience, expertise, and resources to evaluate your case and see if your child’s birth injury was preventable. If a lawyer finds that your child’s injury was caused by medical negligence, you will be able to file a lawsuit.

Get a free case review today to learn if your child’s birth injury was caused by medical negligence.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 11 Sources
  1. Birth injury SAFETY. (n.d.). Retrieved August 02, 2021, from https://www.birthinjurysafety.org/birth-injury-resources/birth-injury-finances.html
  2. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved August 2, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  3. Bostwick, H. (2014, July 03). What are statutes of limitations? Retrieved August 02, 2021, from https://www.legalzoom.com/articles/what-are-statutes-of-limitations
  4. Data and statistics for cerebral palsy. (2020, December 31). Retrieved August 2, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  5. Gillespie, J. (2015, September 11). Wrongful death lawsuits in Texas. Retrieved August 02, 2021, from https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-texas.html
  6. Goguen, D. (2019, November 15). Texas personal injury laws and liability rules. Retrieved August 02, 2021, from https://www.alllaw.com/articles/nolo/personal-injury/laws-texas.html
  7. Laura Brown. Retrieved August 10, 2021, from https://www.baylor.edu/law/facultystaff/index.php?id=932085
  8. Personal injury case results. (2021, May 21). Retrieved August 02, 2021, from https://www.thetexasattorney.com/case-results/personal-injury-case-results/
  9. Ranum, D. (2019, March 20). Study of malpractice claims involving children. Retrieved August 2, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  10. Settlements and verdicts: Birth injury case results. (2021, May 24). Retrieved August 02, 2021, from https://www.injuryfrombirth.com/case-results/
  11. What is malpractice? (n.d.). Retrieved August 2, 2021, from https://www.abpla.org/what-is-malpractice
Back to Top