Every parent expects their child to be delivered safely into the world, yet birth injuries continue to affect families across Houston with alarming frequency. When medical professionals fail to provide the proper standard of care during labor and delivery, the consequences can be devastating, ranging from temporary complications to permanent disabilities that impact a child for life.
Davis & Davis is exclusively focused on medical malpractice cases, including complex birth injuries, with nearly 70 years of combined experience. Our Houston medical malpractice lawyers have handled more than 300 jury trials and earned a reputation as trial-tested and proven advocates for victims of medical negligence. We understand the emotional and financial toll that birth injuries place on families, and we’re committed to holding negligent healthcare providers accountable while securing the compensation your family needs.
Understanding Birth Injuries and Medical Negligence
Birth injuries occur when preventable harm happens to a baby during pregnancy, labor, or delivery. According to data from the Centers for Disease Control and Prevention, birth injuries affect approximately 7 of every 1,000 babies born in the United States. These occurrences often result from medical negligence when doctors, nurses, or other healthcare providers fail to meet accepted standards of care.
Medical negligence during childbirth can take many forms. Healthcare providers may fail to properly monitor fetal distress, delay necessary cesarean sections, misuse delivery instruments like forceps or vacuum extractors, or fail to diagnose complications during pregnancy. When these failures occur, babies can suffer oxygen deprivation, physical trauma, or other injuries that lead to conditions such as cerebral palsy, brachial plexus injuries, brain damage, and other serious complications.
Proving Medical Negligence in Birth Injury Cases
Establishing medical negligence in birth injury cases requires demonstrating that healthcare providers deviated from the accepted standard of care and that this deviation directly caused harm to your child. At Davis & Davis, we work with medical professionals who carefully review hospital records, fetal monitoring strips, and other evidence to determine whether negligence occurred. Our extensive knowledge of medical malpractice law in Texas allows us to build compelling cases that hold negligent parties accountable.
Birth injuries often result in substantial medical expenses, ongoing therapy costs, lost wages for parents who must care for their injured child, and pain and suffering. The compensation available through a medical malpractice claim can help families access the specialized care and support their child needs. Remember, the insurance company is not looking out for your best interests—their objective is to come to a settlement for the minimum amount you will accept.
Common Birth Injuries Caused by Medical Negligence
Medical errors during labor and delivery can lead to various serious injuries. Cerebral palsy is one of the most common lifelong disabilities resulting from birth injuries, often caused by oxygen deprivation during delivery. Brachial plexus injuries, including Erb’s palsy, occur when excessive force damages the nerves controlling arm and shoulder movement.
Brain damage from hypoxic-ischemic encephalopathy represents another devastating outcome when babies don’t receive adequate oxygen. Shoulder dystocia complications, forceps injuries, and C-section complications can all cause permanent harm when medical professionals fail to recognize warning signs or take appropriate action.
Damages Available in Birth Injury Cases
When medical negligence causes a birth injury, Texas law allows families to seek compensation for the full range of damages their child has suffered. Understanding what types of damages may be recoverable helps families appreciate the comprehensive nature of their potential claim and ensures all losses are properly documented and pursued.
Economic damages cover measurable financial losses resulting from the birth injury. These include past and future medical expenses such as emergency care, surgeries, hospitalizations, ongoing therapies, medications, medical equipment, and assistive devices. Additionally, if parents must modify their home to accommodate their child’s needs or if the child will require specialized care as they grow, these expenses can be included in a claim.
Non-economic damages address the intangible losses that birth injuries cause. These include physical pain and suffering, emotional distress, loss of enjoyment of life, and the permanent disabilities that affect a child’s quality of life. For parents, witnessing their child struggle with preventable injuries causes tremendous emotional anguish that deserves recognition in any settlement or verdict. The severity and permanence of birth injuries often result in substantial non-economic damages that reflect the lifelong impact on the child and family.
Why Choose Davis & Davis for Your Birth Injury Case
Few law firms focus exclusively on medical malpractice cases, but this is all we do. Our Houston medical malpractice lawyers bring nearly 70 years of combined experience fighting for victims of medical mistakes. We’ve earned a reputation throughout Texas and nationwide for our trial-tested legal team’s commitment to pursuing justice for families affected by preventable birth injuries.
Our approach includes the following:
- Thorough investigation: We work with medical professionals to carefully review every aspect of your case and identify all instances of negligence
- Extensive trial experience: With more than 300 jury trials handled, we have the courtroom skills necessary to take your case to trial if needed
- Nationwide representation: While we’re a Texas law firm, our attorneys handle cases nationwide
- No upfront fees: We work on a contingency basis, meaning you pay nothing unless we recover compensation for your family
We understand that no amount of money can undo the harm caused by a birth injury, but financial compensation can provide your family with the resources needed to secure the best possible care for your child. Our legal team fights aggressively to maximize recovery while treating your family with the compassion and respect you deserve during this difficult time.
Contact Davis & Davis Today to Discuss Your Houston Birth Injury Case
If your child suffered a birth injury due to medical negligence in Houston, you have legal options. Texas law imposes a two-year statute of limitations for medical malpractice claims, meaning you must file your lawsuit within two years from the date of the injury or wrongful death. Acting quickly preserves evidence and protects your family’s rights.
Davis & Davis has helped countless families throughout Houston and across Texas hold negligent healthcare providers accountable for preventable birth injuries. Our extensive knowledge of medical malpractice law, combined with our trial-tested approach, positions us to fight effectively for the compensation your family deserves. Contact our office to schedule your free case evaluation and learn how we can help your family move forward.
Frequently Asked Questions
What are the most common types of birth injuries caused by medical negligence?
Common birth injuries from negligence include cerebral palsy from oxygen deprivation during delivery, Erb’s palsy and brachial plexus injuries from excessive force, facial nerve injuries and skull fractures from improper forceps use, brain damage from prolonged oxygen deprivation, and bone fractures from excessive force. These often result from failure to monitor fetal heart rate, delayed C-section, improper use of delivery instruments, or inadequate newborn resuscitation. If your child suffered any of these injuries, our Houston birth injury attorneys at Davis & Davis can review your records with obstetric experts. Call (713) 781-5200.
How much compensation can I receive for my child's birth injury in Texas?
Compensation varies based on injury severity and care needs. Economic damages (no caps) include lifetime medical expenses, which for severe injuries like cerebral palsy can exceed $5-10 million. This covers treatment, therapy, specialized equipment, home modifications, and lost earning capacity. Non-economic damages are capped at $250,000-$750,000 depending on defendants. Our Houston birth injury lawyers at Davis & Davis work with pediatric specialists, life care planners, and economists to project your child’s complete lifetime needs and maximize your family’s recovery.
What is the difference between a birth injury and a birth defect?
A birth injury is harm caused during labor, delivery, or immediately after birth, often from medical negligence or improper delivery techniques. These are frequently preventable. A birth defect is a structural or functional abnormality that developed during pregnancy due to genetic factors, chromosomal abnormalities, or environmental exposures. The distinction matters legally: birth injuries typically involve malpractice claims against obstetricians and hospitals, while birth defects may involve pharmaceutical liability or failure to diagnose claims. If you’re unsure about the cause, our attorneys can review the medical records.
Can I file a birth injury lawsuit if my baby died shortly after birth?
Yes, if your baby died due to medical negligence, you can file a wrongful death lawsuit. Texas wrongful death claims must be filed by eligible family members (spouse, children, or parents). Recoverable damages include mental anguish, loss of companionship, loss of inheritance, and medical and funeral expenses. Texas caps wrongful death damages at approximately $2 million for all damages except medical expenses. The two-year statute of limitations runs from the date of death. At Davis & Davis, we handle these cases with sensitivity while pursuing accountability. Call (713) 781-5200.
What should I do if I suspect my child's birth injury was caused by negligence?
First, prioritize your child’s medical treatment and get second opinions from independent specialists. Second, request complete copies of all medical records including prenatal care, labor and delivery records, fetal monitoring strips, and newborn records. Third, avoid signing settlement releases or discussing the case with hospital risk management without attorney representation. Fourth, understand that Texas has a two-year statute of limitations. Finally, contact an experienced Houston birth injury attorney immediately. At Davis & Davis, we provide free consultations and advance all case costs. Call (713) 781-5200.
Will my child's birth injury case go to trial?
Most birth injury cases settle before trial, with approximately 90-95% resolving through negotiation. Settlement likelihood depends on strength of evidence, injury severity, defendants’ willingness to acknowledge fault, and your attorney’s trial reputation. Cases proceed to trial when defendants deny liability, offers are unreasonably low, or you want public accountability. At Davis & Davis, we prepare every case for trial from day one, which increases settlement leverage. When defendants know we have resources and experience to win at trial, they make better settlement offers.
