Birth injuries can occur when medical professionals do not provide the level of care expected during pregnancy, labor, or delivery. Not all birth injuries result from negligence—some occur even when appropriate medical care is provided. Gibson Hill Personal Injury investigates whether the medical professionals involved made errors that a reasonably careful provider would have avoided.
Why Choose Gibson Hill Personal Injury for Your Birth Injury Case
Families often turn to Gibson Hill Personal Injury because we combine legal experience with compassion for what you are going through. Our team understands the physical, emotional, and financial toll that birth injuries place on families. We investigate the details of your case, work with medical experts to evaluate potential negligence, and advocate for compensation intended to help meet your child’s needs.
We handle birth injury cases on a no-upfront-fee basis. You do not pay attorney fees unless we recover compensation for you. During your free consultation, we review what happened, explain your legal options, and answer your questions with no obligation.
Common Birth Injuries That May Involve Medical Negligence
Understanding the types of injuries that may result from medical negligence helps families recognize when their child may have a potential claim. According to Texas Medical Board standards, healthcare providers must maintain specific standards during obstetric care.
- Cerebral palsy can develop when the brain does not receive enough oxygen during delivery, though this accounts for only a small percentage of cerebral palsy cases. When severe oxygen deprivation occurs during labor or delivery, it can cause hypoxic-ischemic encephalopathy (HIE), which may result in cerebral palsy. Medical professionals who fail to appropriately monitor fetal status or delay necessary cesarean sections may contribute to oxygen deprivation that can lead to these outcomes. These cases often involve catastrophic injuries requiring lifelong care.
- Erb’s palsy and brachial plexus injuries occur when nerves in the shoulder and arm stretch or tear during delivery. Improper use of forceps, excessive traction during delivery, or failure to recognize and respond appropriately to shoulder dystocia can cause these injuries, which may result in weakness or paralysis of the arm. Understanding how to prove negligence in these cases is critical.
- Hypoxic-ischemic encephalopathy (HIE) happens when the brain does not receive sufficient oxygen and blood flow. This serious condition can cause seizures, developmental delays, and permanent brain damage. Medical professionals are expected to respond promptly to signs of fetal distress to reduce the risk of HIE. The standard of care requires continuous monitoring in many cases.
Other Birth-Related Injuries
- Shoulder dystocia complications occur when a baby’s shoulder becomes lodged during delivery. While shoulder dystocia itself is not always preventable, improper management can cause nerve damage, fractures, or oxygen deprivation. Trained medical professionals are taught protocols to manage this emergency as safely as possible.
- Facial paralysis can result from nerve damage during delivery, often associated with improper forceps use or excessive pressure. Some cases improve over time, but others may cause lasting facial weakness.
- Spinal cord injuries can occur from excessive pulling, twisting, or improper handling during delivery. These injuries may cause partial or complete paralysis depending on the severity and location of the damage.
Medical Errors That Can Lead to Birth Injuries
Birth injuries do not happen without a cause; in some cases, they are associated with medical professionals failing to follow accepted care procedures. Recognizing these potential errors helps families understand what may have gone wrong.
During Childbirth
- Failure to monitor fetal heart rate appropriately is one of the concerns in preventable birth injury cases. Medical staff are expected to monitor the baby’s heart rate during labor at intervals that reflect the pregnancy’s risk level and labor progress. For many low-risk pregnancies, guidelines recommend reviewing fetal heart rate approximately every 30 minutes during the first stage of labor and every 15 minutes during the second stage. For higher-risk pregnancies or when complications are present, more frequent monitoring or continuous electronic fetal monitoring may be indicated. When warning signs of fetal distress are overlooked, oxygen deprivation can result in permanent brain injury.
- Delayed or unnecessary cesarean section decisions can put babies at risk. Sometimes a vaginal delivery becomes unsafe, and doctors may need to perform an emergency C-section. Delays in making this decision or failure to recognize when a C-section is appropriate can contribute to serious injury. This is a common basis for medical malpractice claims.
- Improper use of forceps or vacuum extraction can cause injuries when medical professionals apply excessive force, use these tools incorrectly, or fail to recognize when another delivery method should be considered. These instruments require proper training and careful application.
Medication and Diagnosis
- Medication errors during labor can harm both mother and baby. Medications such as Pitocin, used to induce or strengthen contractions, must be carefully managed and monitored. Excessive doses or inappropriate use can increase the risk of uterine rupture, placental abruption, or fetal distress, according to clinical literature. Learn more about medication errors and their consequences.
- Failure to diagnose maternal complications such as preeclampsia, gestational diabetes, or infections can endanger the baby. Medical professionals are expected to identify these conditions and take appropriate action based on standard guidelines.
Medical Procedures
- Inadequate response to umbilical cord issues, such as cord prolapse or tight nuchal cords, requires prompt intervention. When medical staff do not respond quickly enough, the baby may receive insufficient oxygen.
- Failure to follow standard delivery protocols means medical professionals may deviate from established safety procedures. These protocols exist to reduce the risk of injuries and improve outcomes.
What Compensation May Be Available
Birth injury cases can involve significant compensation designed to cover both immediate and long-term needs. Understanding the categories of damages that may be available helps you evaluate your case.
Economic Damages
- Medical expenses can include costs related to treating the birth injury, such as emergency care, surgery, hospitalization, and specialized treatments. This may involve both past expenses and reasonably anticipated future medical costs. These are considered economic damages.
- Ongoing specialized care costs for permanent injuries can be substantial. Children with cerebral palsy, spinal cord injuries, or severe brain damage often need physical therapy, occupational therapy, speech therapy, and other services over many years.
- Therapy and rehabilitation help children work toward their maximum functional potential. Physical therapy, occupational therapy, and speech therapy may improve mobility, communication, and quality of life, but these services can be expensive and long term.
- Assistive equipment such as wheelchairs, braces, communication devices, and mobility aids supports greater independence for children with disabilities. These devices often require periodic replacement or updates as the child grows.
- Lost wages may be available for parents who need to reduce or leave work to care for a child with a serious birth injury. One parent may need to stay home full time, resulting in lost income and career opportunities. This is similar to reduced earning capacity claims in other injury cases.
Non-economic Damages
- Pain and suffering damages recognize the physical pain and emotional trauma associated with the child’s injury, along with the family’s emotional distress, where permitted by Texas law. These non-economic damages are important components of recovery.
- Lifetime care costs for severe, permanent injuries can reach hundreds of thousands or even millions of dollars over the course of a child’s life, depending on the nature of the disability and required level of care. Courts and insurers may consider factors such as life expectancy and projected care needs when evaluating these damages.
How Gibson Hill Personal Injury Handles Birth Injury Cases
Our process is designed to provide clarity and support while pursuing compensation through the legal system.
- An initial free consultation starts with listening to your story. We ask detailed questions about your pregnancy, labor, delivery, and what happened after birth. We also explain what we need to investigate and discuss the types of damages that may be available.
- Investigation and evidence gathering involves obtaining medical records, reviewing what occurred during labor and delivery, and identifying potential departures from standard care. We work with medical experts who review these records and assess whether the medical professionals involved met or fell below accepted standards. Our investigation process is thorough and detailed.
- Expert medical review plays a central role in birth injury cases. Physicians and other specialists examine the medical records and offer opinions on whether negligence may have occurred. These expert evaluations help form the foundation of the case.
- Settlement negotiation begins once there is support for a claim that negligence contributed to your child’s injury. We present our findings to the hospital, doctors, and their insurance companies and negotiate for compensation that reflects your child’s needs. Many cases resolve through settlement rather than trial. Our settlement negotiation expertise helps maximize your recovery.
- Trial preparation occurs if settlement negotiations do not result in what we believe is a fair resolution. We prepare your case for court, organize evidence, work with witnesses, and develop a clear presentation for a judge or jury.
Our contingency fee structure means you do not pay attorney fees unless we recover compensation for you. We advance the costs of investigation, expert witnesses, and other case-related expenses. If no recovery is obtained, you do not owe attorney fees for the case.
Frequently Asked Questions
What is considered a birth injury caused by medical negligence?
A birth injury caused by potential medical negligence occurs when a healthcare professional fails to provide the level of care expected during pregnancy, labor, or delivery, and that failure contributes to injury to the baby.
How long do I have to file a birth injury claim in Texas?
In Texas, you generally have two years from the date of the alleged negligence or from the completion of medical treatment or hospitalization related to the injury to file a medical malpractice lawsuit, subject to specific statutory rules. In addition, Texas has a 10-year statute of repose, meaning no medical malpractice claim may be brought more than 10 years after the act or omission that allegedly caused the injury, regardless of when the injury is discovered. Certain cases involving minors may be governed by different timing rules. It is important to contact a lawyer promptly to review how these deadlines may apply to your situation.
What damages can I recover in a birth injury case?
Potential damages in a birth injury case can include compensation for medical expenses (past and future), ongoing care costs, therapy and rehabilitation, assistive equipment, lost wages, pain and suffering, and lifetime care costs for permanent injuries, subject to Texas law and evidentiary support. The amount depends on factors such as the severity of the injury, the child’s age, life expectancy, and the standard of medical care that should have been provided. Learn more about types of damages available in injury cases.
How much does it cost to hire a birth injury lawyer?
Gibson Hill Personal Injury handles birth injury cases on a contingency fee basis. You pay no upfront attorney fees, and we only collect a fee if we recover compensation for you. We advance the costs of investigation and expert witnesses, and if there is no recovery, you typically do not owe attorney fees for the case.
What should I do if I suspect my child suffered a birth injury?
First, make sure your child receives appropriate medical evaluation and care. Keep copies of medical records, take photos of visible injuries where appropriate, and write down details about what happened during pregnancy, labor, and delivery. Contact Gibson Hill Personal Injury for a free consultation. We review what happened and discuss your legal options.
How long does a birth injury case typically take?
The timeline for a birth injury case varies based on the complexity of the medical issues, the amount of evidence needed, and whether the case settles or proceeds to trial. Some matters may resolve within about one to two years, while more complex cases can take longer. We discuss likely timelines based on the specific facts of your case. Understanding how long a personal injury lawsuit takes can help you plan.
Can I still file a claim if my child's injury was not immediately apparent?
Yes. Some birth injuries may not be recognized until weeks, months, or even years after birth—for example, cerebral palsy may be diagnosed when a child misses developmental milestones. Texas law includes limitation and repose periods that can affect these cases, so it is important to speak with a lawyer promptly to review how the timing rules apply to your circumstances.
Contact Gibson Hill Personal Injury for a Free Consultation
If you believe your child suffered a birth injury related to medical care, consider speaking with an attorney as soon as possible. Call (713) 659-4000 today to schedule your free consultation. We will listen to your story, answer your questions, and explain how Gibson Hill Personal Injury may be able to help your family pursue compensation through the legal process. You pay no attorney fees unless we recover compensation for you.
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