Houston Birth Injury Lawyer

Compassionate Legal Support for Birth Injury Cases in Houston, TX

If the medical team makes a mistake during the birth of a child, the effects can be catastrophic and permanent. We understand how challenging this time is for new parents dealing with a birth injury or a birth trauma. That’s why we’re here: to take care of the legal issues while you focus on your family and child. We cannot reverse what happened, but we can make the road ahead a little smoother.

Our Houston birth injury attorneys at Fibich, Leebron, Copeland & Briggs are dedicated to helping families like yours. We can provide a clear explanation of your legal rights and what steps you can take to address any wrongdoing. We are also prepared to handle every aspect of your legal claim while you concentrate on your child’s well-being. Contact us today for a free initial consultation to find out how we can seek justice for your family.

How Can a Birth Injury Attorney Help?

Working with a birth injury attorney is essential if you suspect your child suffered injuries due to medical mistakes during childbirth. Birth injury lawyers understand the complex interplay of medical and legal issues in these cases. When developing birth injury lawsuits, they work closely with experts who understand medical best practices and can translate the technical language in medical records to pinpoint where providers might have made preventable errors.

Your Houston birth injury attorney can manage all the legal details of your case, gather necessary evidence, file demand letters and claims, and negotiate a settlement with the at-fault medical professional’s malpractice insurer. If necessary, they can take your case to court and represent you before a judge and jury. They aim to secure the compensation you deserve for medical costs, ongoing care, and other losses. That way, you can hold the responsible parties accountable and provide your child with the best possible care moving forward.

How Much Does a Houston Birth Injury Lawyer Cost?

Many parents are understandably concerned about the cost of hiring a lawyer after a birth injury. However, most Houston birth injury lawyers, including those at Fibich, Leebron, Copeland & Briggs, work on a contingency fee basis, which means they only receive fees if they win your case. This arrangement means legal representation is accessible even for families on a budget. Your Houston medical malpractice lawyer will explain their fee structure before you agree to work together so you understand what to expect from a financial standpoint.

Common Types of Infant Injuries

Several types of injuries can occur to a newborn during the process of childbirth. These injuries might result from physical stress or mistakes in medical procedures. Common examples of serious birth injuries include:

Brachial Plexus Injuries: This injury involves damage to the bundle of nerves that controls the arms and hands, known as the brachial plexus. A brachial plexus injury can occur if the baby’s shoulder gets stuck during delivery and excessive force is applied to the baby’s neck during extrication.
Cerebral Palsy: This condition can develop if a baby’s brain does not receive enough oxygen during birth. This form of brain injury affects muscle coordination and body movement.
Skull Fractures: A baby’s skull can fracture if it’s put under too much pressure during birth. This might happen if doctors use instruments like forceps or vacuum extractors incorrectly.
Perinatal Asphyxia: This can occur if a baby does not receive enough oxygen before, during, or after birth. Without prompt care, It can lead to respiratory problems and more severe issues.
Caput Succedaneum: This is a severe swelling of the soft tissues of the scalp that develops as the baby travels through the birth canal. It is common with prolonged labor or vacuum extractions.

The Difference Between a Birth Injury and a Birth Defect

A birth injury is the result of trauma that happens during labor or delivery. For example, a child may suffer injuries if they don’t get enough oxygen during birth or if a doctor uses forceps too forcefully. These injuries are often preventable and occur due to something going wrong during the birth process.

A birth defect (or congenital anomaly) develops while the baby is still growing in the womb. These defects, which happen before the baby is born, can be due to genetics, the mother’s health, or environmental factors. Conditions like heart defects or Down syndrome are examples of birth defects. Unlike birth injuries, birth defects are not usually caused by what happens during labor and delivery.

Why Do Birth Injuries Happen?

Birth injuries can happen for many different reasons during labor and delivery. One common cause is the baby not moving properly through the birth canal. This can occur if providers fail to notice that the baby’s size or position is unfavorable for a natural birth. Medical professionals might also make errors in judgment or technique, such as applying too much force during delivery or not responding quickly enough to signs of distress. Another common factor is the use of medical tools like forceps or vacuum devices, which can cause injuries if misused.

These factors highlight the importance of careful monitoring and appropriate medical response during childbirth. Birth injuries are significantly more likely to occur if medical professionals fail to follow established protocols, ignore or misinterpret fetal monitoring data, or delay necessary interventions such as Cesarean sections.

Damages in Child Birth Injury Claims

You can demand damages through your birth injury claim for a variety of harms your family has suffered because of the medical mistake. These damages should cover the costs associated with the birth injury and improve the quality of life for your child and family. Depending on the specifics of your case, you could recover damages for the following:

Past and present medical expenses
Future medical care costs
Rehabilitation costs
Pain and suffering
Lost wages for parents
Loss of earning capacity
Special education costs
Home modification costs
Psychological counseling
Physical therapy costs
Loss of quality of life

Statute of Limitations and Birth Injury Law in Texas

In Texas, the statute of limitations imposes a two-year deadline for birth injury cases. This means you generally have two years from either the date your child suffered the birth injury or the date you discovered the injury to file suit. If you miss this deadline, you typically can’t sue the responsible party, no matter how strong your underlying claim is. While there are laws that extend the deadline for children, there is also a statute of repose that bars claims filed ten or more years after the initial injury. As such, it’s essential to consult a birth injury attorney in Houston to identify these deadlines accurately and file your claim within the legal time limits.

Contact Our Houston Birth Injury Law Firm for a Free Consultation

If your child suffered a serious birth injury, don’t wait to seek legal support. The attorneys at Fibich, Leebron, Copeland & Briggs are here to guide you through the legal process and demand the compensation your family needs. Reach out today for a free initial consultation to discuss your medical negligence case.

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