Austin Birth Injury Attorneys

Understanding Birth Injuries and Medical Negligence

Birth injuries can happen naturally due to an infant’s large size, an infant’s positioning, the mother’s pelvis size or shape, prematurity, prolonged labor, and other factors. Medical professionals can dramatically reduce the risk of birth injuries by providing the appropriate prenatal care. If this care is not administered, or if critical errors are made during labor or delivery, avoidable birth injuries may result. 

The unfortunate reality is that many birth injuries are the direct result of medical malpractice. A negligent care provider may fail to adequately monitor the mother and their infant during pregnancy or take appropriate action when red flags are encountered. They may also fail to perform their duties competently during labor or delivery. 

What Is Pitocin or Oxytocin Hyperstimulation?

Pitocin is the brand name of the chemical oxytocin. Oxytocin is a chemical that a woman’s body releases during childbirth that triggers contractions. Pitocin is a drug designed to increase contractions in a woman in labor. It may be used to induce or augment labor. Doctors and nurses must monitor the administration of the drug to ensure that the mother does not have too many contractions, contractions too frequently, or contractions that last too long. These potential contraction complications are sometimes called “uterine hyperstimulation” or “uterine tachysystole.” 

Contractions may decrease or stop the flow of oxygenated blood to the baby. Because the mother is the only source of the infant’s oxygen, decreasing or stopping the flow of oxygenated blood can have devastating effects. If prolonged, the baby may suffer a permanent birth injury. If a healthcare provider does not adequately monitor the administration of Pitocin or oxytocin within the standard of care and the resulting uterine hyperstimulation causes a birth injury, you likely have a case and should immediately discuss your situation with one of our attorneys.

Who Can Be Held Responsible for a Birth Injury?

Any licensed healthcare practitioner who commits medical malpractice that causes injury to your baby at the time of birth can be held responsible for a birth injury. This means you may be able to take legal action against a physician, physician’s assistant, registered nurse, nurse practitioner, certified nursing assistant (CNA), or any other provider who acted negligently. Additionally, the hospital or healthcare facility where your child’s birth took place can often be held responsible if its employees’ negligence led to birth injuries. 

Ascertaining liability is not always accessible in these cases. Regardless of who you feel is responsible, you should have our seasoned team of legal professionals at National Trial Law review your medical records. We can determine which individuals and institutions can be held accountable.

Don’t face the aftermath of a birth injury alone. Reach out to our dedicated Austin birth injury attorneys now, and let us fight for the justice your family deserves! 

How Long Do I Have to File a Birth Injury Lawsuit?

The time limits concerning birth injury lawsuits are somewhat complicated. In Texas, in a case against a non-government provider,  the child's parents own the claims for the child’s medical care until the child turns 18 and have the right to file a claim to recover those damages. Generally, this claim must be brought within two years of the child’s birth. The injured child has a separate claim that must be brought within 10 years of the child’s birth, regardless of when the injury was discovered.  

Different rules may apply for birth injuries that occur in government-owned or government-operated healthcare facilities or if the birth involves a government employee. If the provider is a military provider or a federally funded clinic, you must present an administrative claim within two years of the child’s birth before filing suit, and there is no tolling the statute of limitations for minors. In these instances, you may be required to send a notice letter within six months of your child's birth. To avoid missing a crucial deadline and losing your right to seek compensation, you should discuss your case with our team as soon as you learn about your child’s birth injury. 

Will We Go to Court as Part of a Birth Injury Lawsuit?

Not necessarily. If we determine your case is viable, we will file a birth injury lawsuit on your behalf. The medical provider may offer to settle the case to avoid going to trial. Should this occur, we will bring the settlement offer to you for your consideration, discuss your options, and advise whether we think accepting is prudent. You may accept the monetary settlement offer, attempt to negotiate a different settlement (including a higher amount), or reject the offer and proceed to trial. Remember that not all healthcare providers will necessarily offer settlements, even in the face of undeniable evidence. If a settlement is not offered or you choose not to accept, you will most likely have to go to court as part of your birth injury lawsuit, but we will be there to support and guide you every step of the way.

Pursuing Maximum Compensation for Birth Injury Victims

Birth injury cases are generally complicated. For a plaintiff to recover compensation, there must be proof that a healthcare provider failed to meet a certain standard of care and that this failure caused your child’s injuries. Healthcare providers and institutions devote extensive resources to protecting themselves in these scenarios. A highly skilled and knowledgeable attorney can conduct the investigation needed to obtain the truth.

Our Austin birth injury lawyers have national trial experience handling complex, high-stakes cases. We have the knowledge, resources, and drive to conduct thorough and complete investigations. Our team will carefully evaluate every piece of evidence in your case to determine who is at fault.

Once we determine liability, we will fight aggressively and tirelessly to get your family just compensation for:

• Past, current, and future medical expenses
• Your child’s pain and suffering
• Your child’s lost earning capacity
• Your child's physical and mental impairment
• Your child's disfigurement
• Loss of consortium