If your child has been diagnosed with a birth injury—or if you have a sinking suspicion that something went wrong during your pregnancy or delivery—it’s natural to feel overwhelmed and have questions.
Was this preventable? Could the doctor or hospital have done something differently? What does this mean for my child’s future, and how will we afford the care they need?
These are just some of the difficult, heart-wrenching questions that no parent should have to face alone.
At Brown Trial Firm, we understand the uncertainty and pain families feel when confronting a birth injury. Laura Brown, a dedicated San Antonio birth injury attorney, focuses her entire practice on helping families like yours find answers, accountability, and justice.
With years of experience and a passion for advocating for children, Laura knows how to navigate the complexities of birth injury cases and fight for the compensation your family needs to secure your child’s future.
Wondering if your baby’s birth injury could have been prevented?
Laura Brown can help you find the answers and justice you deserve.
Schedule a free consultation with Brown Trial Firm today to begin exploring your legal options.
What are birth injuries due to negligence?
Birth injuries due to negligence occur when a medical professional, like an OB-GYN, midwife, or delivery room nurse, fails to provide the standard of care expected during pregnancy, labor, delivery, or immediately after birth.
These mistakes can lead to preventable harm to the baby, sometimes resulting in lifelong physical, cognitive, or emotional challenges. When medical negligence is involved, families may have grounds for a legal claim to seek compensation for their child.
Below are some of the most common birth injuries that can result from medical errors:
- Cerebral palsy (CP). A lifelong condition affecting motor skills and muscle tone, CP is typically caused by oxygen deprivation during pregnancy, labor, or delivery due to mistakes like delaying performing a necessary C-section or failing to monitor and respond to signs of fetal distress.
- Kernicterus. This is a form of brain damage caused by untreated severe jaundice. It’s a preventable condition that typically occurs when medical staff fail to monitor and address high bilirubin levels in a newborn.
- Periventricular leukomalacia (PVL). This refers to damage to the brain’s white matter, often associated with oxygen deprivation or premature birth. PVL increases the risk of motor impairments and developmental challenges, including cerebral palsy.
- Brachial plexus injuries (Erb’s palsy). These injuries occur when the nerves controlling the arms and shoulders are damaged, often due to excessive pulling or improper handling during delivery, particularly in cases of shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pelvic bone, making vaginal delivery difficult.
- Hypoxic-ischemic encephalopathy (HIE). This is another serious brain injury caused by a lack of oxygen or blood flow to the baby’s brain. Negligence, such as failing to address maternal health issues (like preeclampsia) or problems with the umbilical cord or placenta, can lead to HIE. Depending on the area of the brain impacted, HIE can also cause cerebral palsy.
- Brain bleeds. Bleeding in the baby’s brain (also known as intracranial hemorrhage) is often caused by prolonged labor, misuse of delivery instruments, or excessive physical trauma during delivery. Brain bleeds can lead to long-term complications such as cognitive impairments or developmental delays.
- Fractures. Broken bones, especially in the collarbone (clavicle), can result from improper use of delivery tools, mismanagement of breech births, or excessive force during delivery, especially in cases of cephalopelvic disproportion (where the mother’s pelvis is too small to accommodate the size of the baby).
Birth injuries often require extensive medical care, therapy, and lifelong support, placing significant emotional and financial strain on families. If you believe your child’s injury was caused by a medical mistake, consulting with a qualified birth injury attorney can help you understand your rights and seek the justice and compensation your family deserves.
When do I need a birth injury lawyer?
Learn when you should consider speaking with a birth injury attorney and where to start if you have questions about your child’s birth injury.
How long do you have to sue for a birth injury?
The statute of limitations for birth injuries in Texas is generally 2 years from the injury or the discovery of the injury. This means that in cases of mild cerebral palsy or other conditions that may not be immediately apparent, the timeline to file a birth injury claim can be extended beyond 2 years after the child’s birth.
There are also other exceptions that could extend the deadline, so it’s critical to contact an experienced birth injury lawyer as soon as possible to protect your right to seek compensation for your child.
Can you sue a hospital for a birth injury?
Yes, you can sue a hospital for a birth injury if you can prove that negligence by the hospital, like understaffing, inadequate training of medical staff, or a lack of proper protocols to handle emergencies, directly caused harm to your child or yourself during pregnancy, labor, delivery, or shortly after birth.
Hospitals can be held liable for the actions of their employees, such as doctors, nurses, or other medical staff, if they fail to provide the standard of care expected in similar circumstances.
To successfully sue a hospital or any other party for a birth injury, you generally need to prove the following:
- Duty of care. The hospital and its staff had a responsibility to provide appropriate care during your medical treatment.
- Breach of duty. The hospital or its staff failed to meet the standard of care, either through action or inaction. This might include errors like failing to monitor and respond to issues with the mother or baby promptly.
- Causation. The breach of duty directly caused the injury. You must demonstrate a clear link between the negligence and the harm suffered by your child or yourself.
- Damages. The injury resulted in specific damages, such as medical expenses, ongoing care costs, and pain and suffering.
The process can be rather complicated, but a birth injury attorney can help investigate your case, gather evidence such as medical records and expert testimony, and build a strong claim to hold the hospital accountable for its negligence.
What is the average payout for a birth injury?
The average payout for a birth injury varies greatly depending on the severity of the injury and its impact on the child’s life, as well as their future care and financial needs. Compensation is generally intended to cover economic damages like medical expenses, occupational therapy, special education, and lost earning capacity, as well as non-economic damages like emotional distress, loss of enjoyment of life, and physical pain and suffering.
For injuries that resolve over time, such as a fractured clavicle or mild brachial plexus injury, payouts are typically on the lower end, often ranging from $10,000 to $250,000, depending on the medical expenses and temporary impact on the child and family.
Cases involving serious conditions like cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or brain bleeds that lead to permanent disabilities can result in settlements or verdicts ranging from $1 million to $10 million or even more, depending on the lifelong costs of care and support.
Each case is unique, so it’s essential to speak with a local San Antonio birth injury attorney who can accurately calculate your child’s long-term financial needs and negotiate on their behalf to get the full compensation they’re entitled to.
Where can I find the best birth injury lawyer near me in San Antonio?
If your child has been affected by a birth injury, having the right attorney on your side can make all the difference. Laura Brown is a highly respected birth injury attorney who has helped families in San Antonio and throughout Texas and beyond get justice and compensation after birth injuries caused by medical mistakes.
Laura focuses exclusively on birth injury cases, so you can rest assured she has the experience and legal knowledge your family needs for a successful claim. Laura will work tirelessly to uncover the truth, hold responsible parties accountable, and secure the compensation your child deserves. Her compassionate approach helps ensure families feel supported every step of the way.
Contact Laura at Brown Trial Firm today to schedule a free consultation and take the first step toward protecting your child’s future.
