Birth injuries, often preventable, can occur due to medical malpractice. Davis & Davis in McAllen offers legal representation to hold liable parties accountable.
When a medical professional’s negligence during pregnancy, labor, or delivery causes harm to a newborn or mother in McAllen, the consequences can alter a family’s life forever. Birth injuries can result in lifelong disabilities, astronomical medical costs, and emotional trauma no family should endure alone. According to the Centers for Disease Control and Prevention,
approximately 20,145 infant deaths occurred in 2022, with disorders related to short gestation and low birthweight among the leading causes of infant mortality.
At Davis & Davis, our team has fought exclusively for victims of medical malpractice for nearly 70 years, including families affected by birth injuries in McAllen and throughout Texas. With more than 300 jury trials handled, our medical malpractice lawyers understand the complexities of proving negligence in birth injury cases and the devastating impact these preventable occurrences have on families.
What’s Considered a Birth Injury in Texas?
A birth injury in Texas refers to any harm caused to a newborn or mother during pregnancy, labor, or delivery that results from medical negligence or substandard care. These injuries differ from unavoidable birth defects or genetic conditions because they could have been prevented with proper medical attention, monitoring, and intervention. When healthcare providers fail to meet the accepted standard of care, and this failure directly causes harm, it constitutes medical malpractice.
Birth injuries in McAllen medical facilities can range from minor complications to catastrophic, permanent harm. Some of the most serious cases we handle include cerebral palsy, Erb’s palsy, brachial plexus injuries, and brain damage caused by oxygen deprivation. Medical professionals have a duty to monitor both mother and baby throughout pregnancy and delivery, recognizing warning signs of fetal distress and responding appropriately.
Compensation Available in McAllen Birth Injury Cases
Families affected by birth injuries in McAllen deserve full compensation for the harm caused by medical negligence. While Texas law imposes caps on certain types of damages in medical malpractice cases, victims can still recover substantial compensation to address both immediate and long-term needs. Understanding what compensation is available can help families plan for their child’s future care and hold negligent healthcare providers accountable.
Economic damages cover the measurable financial losses resulting from a birth injury. These include past and future medical expenses such as surgeries, hospitalizations, medications, medical equipment, and ongoing therapy. Many birth injuries require lifelong care, and families can seek compensation for the projected costs of care throughout the child’s life. This may include physical therapy, occupational therapy, speech therapy, specialized education, home modifications, and in-home nursing care. Economic damages also include lost wages if a parent must leave work to care for the injured child.
Non-Economic Damages and Texas Damage Caps
Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and physical impairment. For the child, this may include compensation for permanent disabilities, ongoing pain, and reduced quality of life. Parents can also recover for their own emotional suffering and the trauma of watching their child struggle with a preventable injury.
Texas law caps non-economic damages in medical malpractice cases at $250,000 per healthcare provider, with a maximum of $500,000 for all healthcare institutions combined. However, these caps do not limit economic damages, which often constitute the largest portion of birth injury settlements and verdicts. Our legal team works diligently to document all current and future expenses to ensure families receive maximum compensation under Texas law.
In cases where a birth injury results in death, families may pursue wrongful death claims for funeral expenses, loss of companionship, and mental anguish.
Proving Medical Malpractice in McAllen Birth Injury Cases
Successfully pursuing a birth injury claim in Texas requires proving that medical negligence directly caused the harm. This means demonstrating that the healthcare provider’s actions fell below the accepted standard of care and that a different outcome would have been likely had proper care been provided.
Our trial-tested legal team works with independent medical professionals who review hospital records, fetal monitoring strips, and other documentation to identify breaches of the standard of care. We examine every aspect of prenatal care, labor monitoring, and delivery procedures to build a compelling case for our clients. In birth injury cases, the evidence often reveals that warning signs were present but ignored, or that critical interventions were delayed when minutes mattered most.
Texas law imposes a two-year statute of limitations for medical malpractice claims, meaning families must file a lawsuit within two years from the date of the injury or wrongful death. However, in cases involving minors, different rules may apply. Given the complexity of these cases and the time required to build a strong claim, families should consult with an attorney as soon as possible.
Why Families in McAllen Choose Davis & Davis
Few law firms in Texas focus exclusively on medical malpractice, particularly after the state imposed caps on recoverable damages in 2003. While many attorneys abandoned this area of practice due to financial considerations, Davis & Davis refused to turn our backs on families who desperately needed legal representation. Our commitment to justice for victims of medical negligence remains unwavering, and we continue to fight for maximum compensation under Texas law.
Our exclusive focus on medical malpractice means we understand the nuances of birth injury cases better than general practice attorneys. We know how to interpret complex medical records, work with medical professionals, and present compelling evidence to juries. With nearly 70 years of combined experience and more than 300 jury trials handled, we have earned a reputation for aggressive advocacy on behalf of injured families throughout Texas and nationwide.
Moreover, we ensure families pay no upfront legal fees or out-of-pocket expenses. Our investment in your case only pays off when we secure a financial settlement or jury award for you.
Get Legal Help for Your McAllen Birth Injury Case From Davis & Davis
If your child suffered a birth injury due to medical negligence in McAllen, you deserve answers and accountability. The physical, emotional, and financial toll of a preventable birth injury can be overwhelming, but you do not have to face this challenge alone. Davis & Davis has the extensive knowledge and trial experience necessary to pursue justice for your family and secure the compensation you need for ongoing medical care, therapy, and other expenses.
Our legal team handles cases throughout Texas and nationwide, and we are willing to fly to meet with clients wherever they are. Contact our office for a free case evaluation and learn how we can help your family seek justice and financial recovery.
FAQs Birth Injury Lawyer in McAllen ,TX
What should I do if my baby was injured during delivery at a McAllen hospital?
If you suspect your baby suffered a birth injury at a McAllen hospital, take immediate steps to protect your child’s health and legal rights. First, ensure your baby receives comprehensive medical evaluation and necessary treatment from qualified specialists. Early intervention significantly impacts long-term outcomes for conditions like cerebral palsy and brachial plexus injuries. Request copies of all medical records immediately, including prenatal care documentation, labor and delivery notes, fetal heart monitoring strips, and newborn treatment records. These records are critical evidence. Document every symptom, developmental milestone, and medical appointment in a detailed journal. Take photographs or videos of visible injuries or developmental challenges. Avoid signing settlement offers or release forms without consulting an attorney first, as these may prevent seeking full compensation later. Contact our firm immediately for a free case evaluation.
How much compensation can my family receive for a birth injury in McAllen, Texas?
Compensation for birth injuries in McAllen depends on injury severity and projected lifetime care needs. Economic damages have no cap under Texas law and cover all past and future medical expenses including surgeries, hospitalizations, medications, medical equipment like wheelchairs or feeding tubes, home modifications for accessibility, and ongoing therapy costs such as physical therapy, occupational therapy, and speech therapy. For catastrophic injuries requiring lifetime care, economic damages often reach millions of dollars. You can also recover parental lost wages if you must reduce work hours or leave employment to care for your injured child. Non-economic damages compensate for pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Texas law caps non-economic damages at $250,000 per physician and $500,000 total for healthcare institutions, meaning maximum non-economic recovery is $750,000 when multiple providers are liable. We work with life care planners and economists to calculate your child’s lifetime needs and pursue maximum compensation.
How does the birth injury lawsuit process work in McAllen?
The birth injury lawsuit process begins with a free consultation where our attorneys review your child’s medical history and circumstances surrounding the birth. We discuss what happened during pregnancy, labor, and delivery, and review any concerning symptoms or diagnoses. Once we accept your case, we launch an exhaustive investigation, gathering all medical records from McAllen hospitals, consulting with board-certified physicians specializing in obstetrics and neonatal care, and identifying healthcare providers who breached their duty of care. Texas law requires filing an expert report within 120 days of the defendant’s answer, so we work efficiently to secure qualified medical professionals who can testify that negligence caused your child’s injuries. Discovery involves exchanging evidence, deposing doctors and nurses involved in delivery, and building a comprehensive case with expert testimony establishing liability and damages. Most cases settle during mediation or negotiation. If settlement fails, we’re trial-tested and prepared to present your case before a Texas jury.
Will I have to pay anything upfront to hire a birth injury lawyer in McAllen?
No, McAllen families pay nothing upfront to hire our firm for birth injury cases. We handle all claims on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation through settlement or trial verdict. Our legal fees come as a percentage of your final recovery, so our success ties directly to yours. We personally advance all case expenses during the legal process, including costs for obtaining and reviewing medical records, hiring independent medical experts to evaluate negligence and testify at trial, securing expert testimony from life care planners who project lifetime care needs and costs, retaining economists to calculate lost wages, conducting depositions, and preparing trial exhibits. These expenses can exceed $50,000 to $100,000 in complex cases, but you’re not responsible for paying them unless we win compensation. This contingency structure ensures every McAllen family can access experienced medical malpractice representation to hold negligent healthcare providers accountable.
How long do I have to file a birth injury lawsuit in McAllen before the deadline expires?
Texas law imposes critical deadlines for filing birth injury lawsuits, and missing them permanently eliminates your right to seek compensation. The general statute of limitations for medical malpractice claims in Texas is two years from the date the negligent occurrence occurred or when the injury was discovered. However, birth injury cases involving minors have special provisions under Texas Civil Practice and Remedies Code Section 74.251(a), allowing children under 12 until their 14th birthday to file claims. Despite this extension, waiting to file after your child’s second birthday creates significant complications because you lose the right to recover damages for medical care, therapy, equipment, and expenses incurred between birth and age 18. These “parental damages” can represent millions in medical expenses, therapy costs, and lost wages. Many attorneys won’t accept cases filed beyond two years because reduced damage recovery makes them economically unfeasible. Evidence also deteriorates—medical staff relocate, hospital records are destroyed, and proving negligence becomes progressively harder.
