A birth injury can change everything in an instant. The moment you expected to be filled with joy becomes one defined by fear and unanswered questions. When a newborn suffers harm during labor or delivery, the cause is not always unavoidable. Medical providers have a duty to follow established standards of care, and when they fail to do so, the consequences can be life-altering. Birth trauma encompasses a broad range of injuries caused by mechanical forces during labor and delivery. Many of these outcomes are preventable with proper monitoring and clinical judgment.
At Davis & Davis, our Houston birth injury lawyers have devoted their careers to holding negligent medical providers accountable. Our exclusive focus has been on fighting for victims of medical malpractice for nearly 70 combined years. We have handled more than 300 jury trials and are trial-tested in the courtroom. We take cases on a no-upfront-fees basis, meaning you pay nothing unless we recover compensation on your behalf. If your child was hurt during birth, we are here to help you understand your options.
What Is a Birth Injury in Houston, Texas?
A birth injury is any harm sustained by a newborn before, during, or shortly after delivery that results from a medical provider’s failure to meet the standard of care. This is distinct from congenital conditions or complications unrelated to clinical conduct. In Texas, families may have a legal claim when negligence during pregnancy, labor, or delivery directly caused an injury to their child.
Common birth injuries caused by medical negligence include:
- Cerebral palsy resulting from oxygen deprivation during delivery
- Erb’s palsy and brachial plexus injuries from excessive force during delivery
- Hypoxic-ischemic encephalopathy (HIE) from delayed C-section decisions
- Shoulder dystocia complications from improper delivery management
- Meconium aspiration syndrome from failure to act on fetal distress signs
- Kernicterus from untreated severe jaundice after birth
- Skull fractures and facial nerve injuries from improper use of forceps or vacuum extractors
These injuries are not simply unfortunate outcomes. They are often the result of a specific occurrence of negligence, and families deserve to know whether their child’s harm was preventable.
How Does Medical Negligence Cause Birth Injuries?
Medical providers can fail families in a number of ways during labor and delivery. The standard of care requires doctors, nurses, and hospital staff to closely monitor both mother and baby throughout the process. When they fall short, serious harm can follow. According to the Agency for Healthcare Research and Quality, electronic fetal monitoring is a key perinatal safety element that providers are expected to follow during labor and delivery.
Negligence in birth injury cases often involves delayed responses to fetal distress signals, improper use of forceps or vacuum devices, failure to order a timely C-section, inadequate management of gestational diabetes or preeclampsia, and medication errors during labor. Each of these situations represents a failure to act on information the care team should have recognized and addressed.
Who Can Be Held Responsible?
Responsibility for a birth injury may fall on the delivering physician, the OB-GYN, the anesthesiologist, the nursing staff, or the hospital itself. Texas law allows families to pursue claims against any party whose negligence contributed to the injury. Identifying each responsible party is a critical part of building a strong case, and our attorneys work with independent medical consultants to conduct a thorough investigation.
Signs of a Birth Injury
Some birth injuries are visible immediately after delivery. Others take months or years to become apparent as a child misses developmental milestones. Knowing what to look for can help families act before important deadlines pass.
Early signs in newborns may include seizures, low muscle tone, difficulty feeding or swallowing, high-pitched crying, and visible bruising or swelling on the head or face. As a child grows, warning signs can include delays in sitting up, crawling, or walking, poor coordination, vision or hearing problems, and involuntary muscle movements. If your child is showing any of these signs and you had a complicated delivery, it is worth speaking with both a physician and an attorney as soon as possible.
What Compensation May Be Available in a Houston Birth Injury Case?
Families who pursue a birth injury claim in Texas may be able to recover compensation for medical expenses, ongoing care and therapy costs, lost earning potential for the child, and pain and suffering. Texas does place caps on non-economic damages in medical malpractice cases, which is an important factor your attorney will explain during a case review.
The value of any claim depends on the severity of the injury, the clarity of the negligence, and how the case is resolved, whether through settlement or at trial. Davis & Davis’s trial-tested legal team has the courtroom depth to pursue every avenue for maximum recovery on your family’s behalf. Our attorneys work with life care planners, pediatric specialists, and economic consultants to build a complete picture of your child’s lifetime needs.
No Upfront Fees. Free Case Evaluation.
Davis & Davis represents birth injury families on a no-upfront-fees basis. You pay nothing unless we recover compensation for you. Our attorneys fly to clients across Texas and nationwide.
Start Your Free Case ReviewWhat Is the Statute of Limitations for Birth Injuries in Houston, Texas?
Acting promptly matters. Medical records must be preserved, and the investigation needed to prove negligence takes time. Waiting too long may put your family’s ability to recover compensation at risk.
⚠ Time-Sensitive — Texas Law Limits Your Window to File
In Texas, birth injury claims must generally be filed within two years of the occurrence. For injuries to minors, certain tolling provisions may apply, but waiting is still a risk your family cannot afford.
Medical records must be preserved and expert review takes time. The sooner our team begins, the stronger your family’s position will be.
How Long Do You Have to File a Claim?
Texas law sets a two-year statute of limitations for medical malpractice claims. This means a lawsuit must generally be filed within two years of the date of the occurrence. However, birth injury cases involving minors may have different timelines, and certain circumstances can affect how these deadlines apply. Speaking with an attorney promptly after discovering a potential injury is the best way to protect your rights.
Contact Davis & Davis to Discuss Your Houston Birth Injury Case
Birth injuries can carry lifelong consequences, from physical limitations and developmental delays to the ongoing financial and emotional weight placed on families. When those injuries stem from an occurrence of negligence during labor or delivery, medical providers should be held accountable. Texas law provides a path for families to pursue justice, and understanding your rights is the first step.
If your child suffered a birth injury in Houston or anywhere in Texas, Davis & Davis is ready to review your case. Our team handles birth injury cases on a no-upfront-fees basis and brings nearly 70 years of combined experience to every case we take. We have more than 300 jury trials behind us and a proven record of fighting hard for families who deserve answers. Reach our firm by using our contact form.
