Navigating Legal Issues After a Birth Injury: What Texas Families Should Know
A birth injury can be one of the most devastating experiences for any family. While some birth complications are unavoidable, others result from medical negligence. In Texas, parents have legal rights when a preventable occurs. Understanding these rights can be the first step toward getting the help and compensation your child deserves.
What Is a Birth Injury?
A birth injury refers to any harm a baby suffers before, during, or shortly after childbirth. These injuries can range from minor and temporary to severe and lifelong.
Common birth injuries include:
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Cerebral palsy
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Brachial plexus injuries (Erb’s palsy)
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Fractures during delivery
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Brain damage from oxygen deprivation
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Facial nerve injuries
Medical Negligence and Birth Injury
Not all birth injuries are the result of malpractice. However, when a doctor, nurse, or hospital fails to meet the standard of care, they can be held liable for injuries caused by their negligence.
Examples include:
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Failing to monitor fetal distress
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Improper use of forceps or vacuum extractors
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Delayed cesarean section (C-section)
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Mismanagement of labor and delivery complications
Your Legal Rights in Texas
Texas law allows parents to file a medical malpractice claim if negligence caused a preventable birth injury. You may be entitled to compensation for:
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Medical expenses (current and future)
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Ongoing care or therapy
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Special education costs
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Pain and suffering
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Loss of future earnings
Texas imposes a two-year statute of limitations for filing most medical malpractice claims, but exceptions may apply for minors—so speak to an attorney as early as possible.
What to Do If You Suspect it?
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Document everything – medical records, hospital visits, expert opinions.
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Seek a second opinion – from a pediatric neurologist or specialist.
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Keep records of expenses related to care, therapy, and adaptations.
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Contact a Texas birth injury attorney experienced in malpractice law.
Why Legal Action Matters
Beyond financial relief, legal action can:
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Help ensure better care for your child
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Hold negligent parties accountable
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Prevent future harm to others
Conclusion
When a joyful moment turns into a medical crisis, families deserve answers—and justice. If your child suffered a birth injury in Texas, don’t hesitate to explore your legal options. Help is available, and you don’t have to face this journey alone.