Texas Birth Asphyxia Lawyer

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
May 21, 2024

A Brief Summary of the Following Article

  • Medical Malpractice Criteria: Birth asphyxia may be deemed medical malpractice if it results from healthcare providers’ negligence, such as inadequate monitoring, delayed interventions, or misuse of tools.
  • Legal Proceedings: While many medical malpractice claims, including those for birth asphyxia, settle out of court, trials may be necessary if fair compensation is not offered, potentially increasing emotional and financial stress.
  • Recognition of Symptoms: Early identification of birth asphyxia signs – such as weak breathing, low heart rate, and poor muscle tone – is crucial for immediate treatment to mitigate long-term effects.
  • Davis & Davis Advocacy: We meticulously examine medical procedures and advocate for affected families to secure necessary compensation and justice through skilled legal representation.
  • To embark on this path to justice, reach out for a consultation by filling out our contact form or calling us at (888) 522-9444.

Birth asphyxia is a form of birth injury that occurs when an infant’s oxygen supply is heavily limited to completely cut off before, during, or after the birthing process. This lack of oxygen can lead to lasting damage, especially to the brain, and it may result in developmental and neurological complications later in life. Immediate interventions and treatments are crucial to mitigate the potential long-term effects of birth asphyxia.

When your child’s birth asphyxia is the direct result of your doctor’s negligence or failure to properly monitor your birthing process, you are entitled to hold them accountable for their actions. The team at Davis & Davis is prepared to help you file a medical malpractice claim to begin your journey of recovering the financial justice and damages you deserve. 

When is Birth Asphyxia Considered Medical Malpractice?

Birth asphyxia can be considered medical malpractice when it is caused by negligence on the part of healthcare providers. Negligence may include failing to monitor the fetal heart rate adequately, not recognizing or appropriately responding to signs of fetal distress, or delaying necessary interventions such as a cesarean section. Furthermore, improper use of birth-assisting tools or failure to anticipate and manage complications given a mother’s medical history could also lead to liability for birth asphyxia under medical malpractice.

Establishing that birth asphyxia resulted from medical malpractice requires demonstrating that the healthcare providers deviated from the accepted standard of care. This involves showing that a competent medical professional in similar circumstances would have acted differently, thereby preventing the injury. At Davis & Davis, we thoroughly investigate each case, consulting medical professionals to ascertain deviations from standard practices and to substantiate claims of negligence.

Will Your Medical Malpractice Claim Have to Go to Court?

The path a medical malpractice claim takes can vary widely, and not all cases require litigation in court. Many claims, particularly those involving complex medical issues like birth asphyxia, are often settled out of court. Settling outside of court can provide a quicker resolution and may reduce the emotional and financial stress associated with a trial. At Davis & Davis, our goal is to achieve a fair resolution that compensates for your losses and addresses the future needs of your child, whether through settlement negotiations or other alternative dispute resolution methods.

However, if negotiations do not result in a satisfactory outcome, Davis & Davis is fully prepared to take your case to trial. Our experienced legal team will advocate vigorously on your behalf, employing detailed medical evidence and testimonies to build a strong case. We are committed to ensuring your family receives the justice and compensation you deserve. Going to trial can be a more lengthy and complex process, but it may be necessary to fully advocate for your rights and the best interests of your child.

Signs Your Child Has Been Injured by Birth Asphyxia

Birth asphyxia can lead to significant health issues. Identifying the signs early can be crucial for timely intervention and treatment. Some of the key signs that may indicate your child has suffered from birth asphyxia include, but are not limited to, the following:

  • Weak or Absent Breathing: Immediately after birth, if the baby has trouble initiating breathing or does not breathe at all, this can be a primary sign of asphyxia.
  • Poor Color: Babies who are pale or have a bluish skin tone shortly after birth may be experiencing oxygen deprivation.
  • Low Heart Rate: A notably low heart rate at birth is a critical sign the baby may not be getting enough oxygen.
  • Weak Reflexes: Diminished or weak reflex responses, such as sucking and swallowing, are indicative of potential neurological impairment due to asphyxia.
  • Muscle Tone Issues: Floppy limbs or unusually low muscle tone can signal neurological damage from lack of oxygen.
  • Seizures: Experiencing seizures within the first few days of life can be a direct consequence of birth asphyxia, indicating possible brain injury.
  • Poor Feeding: Difficulty with feeding or an inability to latch and suck properly during the first few days can also be a sign of asphyxia-related complications.

Recognizing these signs early is essential for the effective management and treatment of potential long-term effects. If you observe any of these symptoms in your newborn, it is important to seek immediate medical attention. Should you suspect your child’s condition is the result of medical negligence, consulting with a skilled lawyer like those at Davis & Davis can help you understand your legal options and pursue the appropriate course of action.

Who Is Potentially At Fault for Your Child’s Medical Malpractice Injury?

Determining liability in birth injury cases involves identifying the parties whose negligence may have contributed to the harm suffered by the newborn. In the complex environment of childbirth, several medical professionals and entities could potentially be at fault:

  • Obstetricians/Gynecologists: These are the primary doctors involved in delivery and are responsible for managing all aspects of childbirth. If they fail to anticipate birth complications, fail to respond adequately to fetal distress, or improperly use delivery tools, they can be held liable.
  • Nurses and Midwives: These healthcare providers often assist during labor and delivery and are responsible for monitoring the vital signs of both mother and child. Negligence can occur if they do not follow the prescribed standard of care.
  • Anesthesiologists: Anesthesiologists can be held liable if their actions during the birthing process contribute to conditions like birth asphyxia.
  • Hospitals: The healthcare facilities themselves can also be held responsible, especially if their policies contribute to the conditions leading to medical errors or if they fail to provide adequate training and staffing.
  • Pediatricians: After birth, pediatricians are responsible for assessing and ensuring the newborn’s health. Failing to diagnose or treat birth asphyxia symptoms promptly can lead to them being considered liable.

Davis & Davis has decades of knowledge in navigating these complex scenarios, providing the skill needed to identify negligence and pursue justice on behalf of affected families. If you believe your child’s injury was caused by medical negligence, it is essential to seek experienced legal counsel to protect your rights and secure the compensation necessary for ongoing medical care.

Schedule Your Free Consultation With a Dedicated Attorney Today

At Davis & Davis, our skilled Texas birth asphyxia lawyers stand with you, ready to advocate for your rights. Our illustrious track record includes decades of staunch representation for Texans affected by medical malpractice. 

We’re prepared to take on even the most intricate of birth asphyxia injury cases. Allow us to be your guiding light in this crucial journey. To embark on this path to justice, reach out for a consultation by filling out our contact form or calling us at (888) 522-9444.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

May 21 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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