When a healthcare provider’s negligence leads to a serious birth injury, the results can be catastrophic and financially expensive for families caring for injured babies and children. At Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, our birth injury lawyers have extensive experience handling cases involving families devastated by a medical error during childbirth. We fight aggressively and with full dedication to help families obtain compensation for the losses incurred and the challenges they face.
Our firm has had significant case results representing the families of babies injured during labor and delivery. Our Texas birth injury lawyers know what it takes to get results.
Who pays? You or the responsible party?
Our firm is committed to helping parents recover financial compensation for expensive medical costs, nursing care, assistive technologies, medication and more. If you believe that your infant was injured by a medical mistake, please contact our law offices to speak with a birth injury lawyer about your circumstances.
Sadly, birth injuries occur every day in U.S. hospitals. There are a number of ways in which a birth injury can occur, including failure to diagnose a condition, failure to respond to an emergency situation in a timely manner or misuse of medical equipment.
What is Birth Trauma?
Birth Injuries and Birth Trauma from labor and delivery negligence can involve:
- Cerebral palsy
- Brain Injury
- HIE or Hypoxic Ischemic Encephalopathy
- Brain Bleed or Intraventricular Hemorrhage (IVH)
- Erb’s palsy or Brachial Plexus Injuries
- Facial Paralysis
- Bruising or swelling of the scalp
- Lacerations or bruises from use of forceps
- Bone fractures
- Shoulder Dystocia
- Placental Abruption
- Nonreassuring Fetal Heart Rate Patterns
- Uterine Hyperstimulation
Birth injuries range in severity. In some cases, the injuries will heal with time. However, more severe cases that involve permanent disabilities will affect the infant, parents and family forever.
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 causes contractions. Pitocin is a drug that is designed to increase contractions in a women in labor. Pitocin may be used to induce or augment labor. Doctors and nurses will monitor the administration of the drug to ensure that mom is not having too many contractions, too frequent contractions, or contractions that last too long.
This is sometimes called uterine hyperstimulation. This may also be called uterine tachysystole. Providers do this because contractions may decrease or stop the flow of oxygenated blood to the baby. Because the mom is the only source of the baby’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 provider does not properly monitor the administration of Pitocin (also sometimes called oxytocin) within the standard of care, and the resulting uterine hyperstimulation causes a brain injury, you may have to file suit for compensation. A careful review of the medical records by an experienced team may be able to determine whether there was negligence. If your child has been a victim of negligence, you need a birth injury lawyer.
How a Birth Injury Lawyer Can Help
Birth injury cases are generally complicated. In order for a plaintiff to recover compensation, there must be proof that a healthcare provider failed to provide a certain standard of care. Only a highly skilled and experienced birth injury lawyer can conduct the type of investigation needed to obtain the truth.
The birth injury attorneys at our firm have national trial experience in complex birth injury cases. We have the knowledge, the skill and the resources to conduct a complete and thorough investigation. We will 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 ensure the responsible person is held accountable.
If your child suffered an injury at birth, we can help you. Contact our experienced birth injury lawyers today to schedule your free evaluation.
Frequently Asked Questions
How Long do I Have to File a Birth Injury Lawsuit in Texas?
The answer to this question in somewhat complicated. The short answer is that in Texas, the parents of the child own the claims for the child’s medical care until he or she turns 18, which means it is best to bring a birth injury lawsuit within two years of the child’s birth, or those claims will likely be lost. A birth injury lawsuit may still be filed for the child’s injuries and damages longer than two years from the incident, but the family will likely not be able to recover for the child’s medical expenses before the time he or she turns 18. A birth injury claim is likely barred altogether if a suit is not filed within 10 years from the child’s birth.
Different rules may apply for government-owned or government-operated hospitals and their employees, and in some instances a notice letter must be sent within six months from the child’s birth. For that reason, if you believe you have a birth injury lawsuit, you should contact an attorney as soon as possible so you do not lose your right to bring a claim.
Will we have to go to court as part of a birth injury lawsuit?
Not necessarily. If you believe your baby was injured as a result of negligence on the part of your health care practitioner, you may be entitled to compensation to cover the cost of your child’s injuries, additional costs your family has incurred, and the resulting challenges ahead. An experienced birth injury attorney can help determine if your child is a victim of medical malpractice or medical negligence. If your case is viable, your attorney will file a birth injury lawsuit on your behalf. In many instances, the evidence of negligence or malpractice is so overwhelming that the medical provider offers to settle the case rather than to go to trial. If this is the case, your attorney will bring the settlement offer to you for your consideration and discuss your options with you. You may accept the settlement offer, try to negotiate with the healthcare provider to reach a different settlement, or reject the offer and go to trial. If you choose to go to trial, you most likely will have to go to court as part of a birth injury lawsuit.
Who can be held responsible after a birth injury in Texas?
Any licensed health care practitioner who commits medical malpractice that causes injury to your baby at the time of your baby’s birth can be held responsible for a birth injury, including a physician, physician’s assistant, registered nurse, nurse practitioner, or certified nursing assistant (CNA). The hospital where the birth took place can also be held responsible in many instances, if its employees were negligent in your medical care. Regardless of who you feel is responsible, you should have an attorney look at your medical records to determine whether any individual committed medical malpractice and is responsible for the harm to you or your child.
You can look at our national reach page to see our success in states across the United States. You can also see our full results on our case results page. Here are some of the birth injury cases that we have won on behalf of clients: