How Can a Birth Injury Lawyer Help?
Often times, parents aren’t sure what to do when a child has suffered a serious birth injury. That is a completely normal feeling. Nothing can fully prepare you for what to do when a child is injured as a result of medical negligence.
Our birth injury trial lawyers at Brown Trial Firm can help. Whether your child suffers from cerebral palsy, hypoxic-ischemic encephalopathy (HIE), Erb’s palsy, oxygen deprivation, a brain injury, seizures or another type of birth injury, we can evaluate whether you should file a birth injury lawsuit.
The first step is to contact us for a free consultation. During the consultation, one of our birth injury lawyers will meet with you and ask you questions. We’ll talk about the pregnancy, about the labor and delivery, about any injuries that occurred, and about what has happened since the birth.
The next step is often to obtain the medical records. Our law firm will carefully review the records, looking for evidence of preventable medical errors.
Hospitals and medical professionals are required by law to follow a standard of care. When hospitals and medical professionals fail to follow that standard of care, preventable medical errors happen. When medical errors happen, families and children are put in harm’s way.
Many birth injuries are preventable with proper care and treatment. Nurses and doctors should always watch carefully during the labor and delivery process for any warning signs. When nurses and doctors miss the warning signs of a baby in distress, or when they fail to act quickly, that is when many birth injuries occur.
If we discover that your child’s birth injury was due to a preventable medical error, we will discuss your options with you and whether you should file a birth injury lawsuit.
To read more about our birth injury attorneys near you, click here.
If we accept your case, we join your team. We put in our time and money to develop your case, and we only get paid if we win.
Can I Afford a Birth Injury Attorney?
Yes, you can afford a birth injury attorney. Although many people worry about whether or not they can afford an attorney, our fee structure allows anyone to be able to afford access to justice. Instead of being paid by the hour, our birth injury attorneys are paid on what’s called a “contingency fee” basis.
Lawyers often charge hundreds of dollars per hour for their work. On a contingency fee, you do not pay hourly and pay nothing out of pocket. If we accept your case, we join your team. We put in our time and money to develop your case, and we only get paid if we are successful.
A percentage of the settlement or verdict will pay our law firm for the time and expense we’ve put into representing you and your family. If you have any questions about how a contingency fee works, we are happy to answer your questions.
How Long Does a Lawsuit Take?
Although the answer depends on the facts of your unique case, most birth injury cases take one to three years from start to finish. That’s why it’s so important for you to act immediately. Those years are critical developmental years for your child, and the sooner we can start the process, the more options you and your child will have.
You may be legally entitled to compensation for medical bills, hospital visits, and future care like therapy and medical care taking. We will fight for you and for your family to ensure that you are fairly and fully compensated for preventable losses. Please contact us at 1 (866) 393-2611 for a free case evaluation.
Common Questions Asked by Families After a Birth Injury
Here are answers to some of the most frequently asked questions we receive. Every birth injury case is unique. If you have questions about what happened to you or to your child, setup a free consultation and one of our birth injury lawyers will be happy to help. There are no bad questions.
What are the main causes of birth injuries?
When something is wrong with the baby, the baby often responds by sending distress signals. These distress signals can be observed by medical professionals.
For example, a baby who isn’t getting enough oxygen might signal distress with problems with the baby’s heart rate. A doctor or nurse who is observing the baby’s heart rate might see abnormal heart patterns, as the baby is struggling with lack of oxygen.
These signals give the medical professionals an opportunity to react, investigate the problem, and come up with a treatment plan. At the heart of many birth injuries is a break down of the standard of care. Here are some common causes of birth injuries:
- Hypoxia, when the baby isn’t receiving enough oxygen
- Failure to order and perform a c-section soon enough
- Abnormal presentation, when the baby isn’t positioned well for delivery
- Placental abruption, when the placenta tears away from the uterus
- Uterine rupture, when the uterus tears, often along the scar line of a previous c-section
- Failure to monitor or react to fetal distress
- Improper use of delivery tools, such as forceps or vacuum extractors
If you have a question about what caused your child’s injury, our birth injury attorneys are happy to speak with you.
What Are the Most Common Types of Birth Injuries?
Most common birth injuries are the result of damage to either the brain or the body during labor and delivery. Here are some of the most common types of birth injuries:
- Hypoxic-Ischemic Encephalopathy, or HIE
- Cerebral Palsy
- Erb’s Palsy
- Brachial Plexus injuries
- Seizures
- Paralysis to the face, or the limbs
- Deafness
- Blindness
- Spinal cord injuries
- Meconium Aspiration
- Fractures to the skull or clavicle
- Bleeding inside the scalp or the skull
What is the difference between a birth injury and a birth defect?
According to the Centers for Disease Control and Prevention (the CDC), birth defects are common “structural” problems with the baby. Birth defects “may affect how the body looks, works, or both” and “may vary from mild to severe.”¹
The difference between a birth injury and a birth defect, is that birth injuries occur at or near the time of birth, whereas birth defects may be conditions that exist in the baby prior to birth.
Birth injuries can involve harm caused by the negligence of medical professionals, while birth defects are often caused by congenital conditions, or exposure to medicine or toxins.
Find out what a birth injury malpractice lawyer does, what types of cases they take as well as how to locate a good malpractice lawyer and how much it generally costs to hire them.
Sources:
1. Centers for Disease Control and Prevention. (2018). What are Birth Defects? | CDC. [online] Available at: https://www.cdc.gov/birth-defects/about/ [Accessed 17 Sep. 2019].
Free Case Evaluation
At the Brown Trial Firm, we believe that every child deserves the best chance in life, and that every parent deserves the support they need to help their child succeed.
Our nationally renowned birth injury attorneys are standing by to help. When we accept a case there are no out of pocket costs. We only get paid if we are successful for you.
If you would like to know if your child’s birth injury was caused by preventable medical mistakes, please contact Laura Brown. During your free consultation, our birth injury lawyers will discuss your case and evaluate your options. Call +1 (866) 393-2611 or email us a [email protected].
Here we have collected resources available in your local area that are related to birth injury.
Descriptions of resources are sourced from the linked websites and are not written by the Brown Trial Firm. The Brown Trial Firm has no affiliation with these resources. Inclusion on this list and attached descriptions are not an endorsement from the Brown Trial Firm.
Houston Hospitals:
- Clear Lake Regional Medical Center: Welcome to HCA Houston Healthcare Clear Lake, formerly Clear Lake Regional Medical Center, where sophisticated, world-class medicine meets the comfort, care and convenience of a community hospital. For more than 40 years, we have proudly been providing high quality, cost-effective, comprehensive healthcare to the Houston Bay Area.
- Cypress Fairbanks Medical Center: HCA Houston Healthcare North Cypress, a campus of HCA Houston Healthcare Kingwood, is a 163-licensed bed, general acute care hospital. We strive to be the healthcare provider of-choice for residents in the growing communities along the 290 corridor.
- Memorial Hermann Healthcare System: As one of the largest not-for-profit health systems in Southeast Texas, Memorial Hermann has an award-winning and nationally acclaimed Accountable Care Organization, 17* hospitals and numerous specialty programs and services conveniently located throughout the Greater Houston area.
- Methodist Hospital Healthcare System: Houston Methodist comprises a leading academic medical center in the Texas Medical Center and six community hospitals serving the Greater Houston area. Each hospital is staffed by committed personnel who exemplify our I CARE values: integrity, compassion, accountability, respect and excellence. Patient safety, quality and service are our highest priorities.
- St. Luke’s Episcopal Hospital: CHI St. Luke’s Health is a part of Catholic Health Initiatives (CHI), one of the nation’s largest health systems. Headquartered in Englewood, Colorado, CHI operates in 19 states and comprises 105 hospitals, including four academic medical centers and teaching hospitals; 30 critical-access facilities; community health services organizations; accredited nursing colleges; home health agencies; and other services that span the inpatient and outpatient continuum of care.
- Texas Children’s Hospital: Texas Children’s Hospital, located in Houston, Texas, is a not-for-profit organization whose mission is to create a healthier future for children and women throughout our global community by leading in patient care, education and research. We are proud to be consistently ranked among the top children’s hospitals in the nation.
- West Houston Medical Center: HCA Houston Healthcare West has been offering exceptional care to the West Houston community for over 30 years. With more than 1,200 members on our care team and 400 of the region’s most talented doctors, we are able to provide nationally-recognized quality care.
- The Woman’s Hospital of Texas: Our care philosophy is Woman First. It’s in our name, and it’s in our founding mission. Our hospital was founded in 1976 by 29 physicians who recognized a need in Houston for a facility focused solely on women in all stages of life. Our founders specifically chose to name the hospital Woman’s — not Women’s — in honor of each patient as an individual and the personal attention each woman receives.
Houston NICUs:
- Children’s Memorial Hermann Hospital: one of the country’s largest pediatric hospitals, the hospital includes a level IV and level II neonatal intensive care unit (NICU). The hospital contains onsite facilities for families of patients in the pediatric and neonatal intensive care units and a complete support system in addition to advanced care.
- HCA Houston, Clear Lake NICU: Our hospital is conveniently located off I-45 and Bay Area Blvd. in Webster, Texas. We are just minutes away from the beautiful Baybrook Mall. We offer full-service adult and pediatric care to accommodate people of all ages.
- HCA Houston, Conroe NICU: a designated Level III Neonatal ICU in order to treat for the most vulnerable patients of all ages.
- HCA Houston, Kingwood NICU: Women’s Center with a high-risk OB and Level III NICU, as well as pediatric services with access to pediatric specialists.
- HCA Houston, Northwest NICU: comprehensively serve our community by employing expert physicians, specialists, nurses and support staff, Designated Level III NICU.
- HCA Houston, Southeast NICU: expert gynecologic and prenatal care, including midwifery services and state-of-the-art neonatal intensive care unit (NICU).
- Texas Children’s Hospital: Main Campus: home to most of our inpatient (overnight) care areas, including the Newborn Center (NICU).
- Texas Children’s Hospital Newborn Center: the first designated by the Texas Department of State Health Services (DSHS) as a level IV NICU, this unit provides the highest level of care available for premature and critically ill newborns.
- Texas Children’s Hospital: Pavilion for Women: obstetrics, gynecology, and fetal intervention, we care for women and children from preconception to long after the birth of the child.
- HCA the Woman’s Hospital of Texas: offering care in imaging, gynecology, obstetrics, high-risk pregnancy, neonatology, pediatrics, minimally-invasive surgery, and more.
- HCA Houston, Tomball NICU: a designated level II Neonatal Intensive Care Unit (NICU) with comprehensive women’s services and labor and delivery unit.
- HCA Houston, West NICU: women’s health and exceptional care to the West Houston community for over 30 years.
Other Care:
- El Centro de Corzon: Serving Houston’s East End community since 1994, El Centro de Corazón (El Centro) is an accomplished Federally Qualified Health Center (FQHC) with four health centers and offers a comprehensive range of pediatric and adult health care services for the medically underserved and uninsured, which includes primary care, women’s health, dental care, and behavioral health services.
- Hope Clinic: HOPE Clinic is a full-time Federally Qualified Health Center (FQHC), serving over 20,000 unique patients with over 100,000 patient visits per year. HOPE Clinic provides health care services to all people, regardless of the patient’s ability to pay. In particular, HOPE Clinic serves the uninsured, under-insured, those with limited English proficiency, and low-income patients.
- Houston Area Community Services: Avenue 360 Health & Wellness offers a holistic solution for those seeking a medical home. The patient is the center of our model, giving our patients a collaborative choice for their healthcare needs. We care for the whole person, whether it’s a medical diagnosis and treatment, a pharmacy, preventative care, housing, or access to a community wellness worker.
- Houston Dept of Health & Human Srvc: The mission of the Houston Health Department is to work in partnership with the community to promote and protect the health and social well-being of Houstonians and the environment in which they live.
- Legacy Community Health Services: As a full-service, Federally Qualified Health Center, Legacy identifies unmet needs and gaps in health-related services and develops client-centered programs to address those needs. A United Way-affiliated agency since 1990, we currently provide adult primary care, pediatrics, dental care, vision services, behavioral health services, OB/GYN and maternity, vaccinations and immunizations, health promotion and community outreach, wellness and nutrition, and comprehensive HIV/AIDS care.
- Texas Health and Human Services: HHS provides a range of services to Texans with disabilities that help ensure their well-being, dignity and choice. Programs also are in place to support family members who care for them.
- The Harris Center for Mental Health & IDD: Our Mission: Transform the lives of people with behavioral health and IDD needs. Our Vision: Empower people with behavioral health and IDD needs to improve their lives through an accessible, integrated and comprehensive recovery oriented system of care.
- The USAA Educational Foundation Children with Special Needs: The mission of the USAA Educational Foundation is to help consumers make informed decisions by providing information on financial management, safety concerns, and significant life events.
- Vecino Health Centers: Mission – Vecino Health Center’s mission is to make quality healthcare accessible and sustainable to the medically underserved. Vision – We envision a day when the term “medically underserved” does not apply anywhere in Houston.
Houston Financial Help
- BBVA Compass – Financial Planning for Children with Special Needs: the BBVA Compass Special Needs program offers assistance with financial planning for families with special needs children.
- Brown Trial Firm: our mission is to help children and families affected by birth injuries. We can help you determine whether you should file a lawsuit and we can help you explore potential treatment plans. Millions recovered. Schedule a free consultation today.
- Children’s Health Insurance Program (CHIP): CHIP and Children’s Medicaid both cover services need to keep kids healthy. If a child getting Medicaid has a disability or long-lasting illness, we will find out if the child can get special services.
- Early Childhood Intervention Services – Texas Health and Human Services: Early Childhood Intervention (ECI) is a statewide program within the Texas Health and Human Services Commission for families with children birth up to age 3, with developmental delays, disabilities or certain medical diagnoses that may impact development. ECI services support families as they learn how to help their children grow and learn.
- Easter Seals Greater Houston: Easter Seals’ Children’s Therapy Program is designed to help children live, learn, work and play through our physical, occupational and speech therapy services. Each of its dedicated therapists has specialized training and experience in working with children to promote growth and development.
- Harris County Community Service Department: This office is focused on addressing the housing, infrastructure and public service needs of the low to moderate income community in Harris County.
- TDHCA Texas Department of Housing and Community Affairs: The Texas Department of Housing and Community Affairs is the state agency responsible for affordable housing, community and energy assistance programs, colonia activities, and regulation of the state’s manufactured housing industry.
- Texas ABLE: Our mission is (1) to encourage and assist individuals and families in saving funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life; and (2) to provide secure funding for qualified disability expenses on behalf of Designated Beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under Title XIX of the Social Security Act, the Supplemental Security Income program under Title XVI of the Social Security Act, the Social Security Disability Insurance program under Title II of the Social Security Act, the Designated Beneficiary’s employment, and other sources.
Houston Therapy Services
- ABA Therapy for Life: Speech therapy and ABA all under one roof! Our speech therapists are specially trained to work with children who are on the autism spectrum. is integrated into your child’s ABA therapeutic day. all at one site!
- Daisy Kids Care: Our vision is to provide our clients with pediatric home care services including private duty nursing and therapy services and to continuously improve our delivery of care.
- Easter Seals Greater Houston: Easter Seals’ Children’s Therapy Program is designed to help children live, learn, work and play through our physical, occupational and speech therapy services. Each of its dedicated therapists has specialized training and experience in working with children to promote growth and development.
- Kids Care Home Health: a pediatric home health agency serving Texas and Colorado. We focus on nursing, speech therapy, physical therapy, and occupational therapy as well as provide case management for children ages zero through 21.
- Kids Developmental Therapy: Kids Developmental Therapy is a licensed and certified pediatric home health agency in Houston, Texas. We offer speech therapy, physical therapy and occupational therapy to children in the greater Houston area.
- Neurodevelopmental Therapy Services Inc.: NTS is a private pediatric therapy practice which provides physical, occupational, speech and massage therapies for children. As we turn disabilities into abilities, it is our goal to make a difference in the lives of our children by helping them to reach their fullest potential.
- Pathfinder Pediatric Home Care: a leading provider of pediatric home care in the State of Texas. We offer high-quality physical, occupational and speech therapy services.
- Personnel Touch Therapy: Personal Touch Therapy is a pediatric home health company dedicated to providing a personal touch when providing outstanding therapy services to children of all ages throughout Houston and the surrounding areas.
- Premier Pediatric Therapy: a licensed home-health agency providing Physical Therapy, Occupational Therapy, Speech Therapy, and Private Duty Nursing (coming soon) to children all across the great state of
- Shriners Hospitals for Children: Located in the world-renowned Texas Medical Center, Shriners Hospitals for Children — Houston specializes in delivering the highest quality care to children with a variety of orthopaedic and neuromusculoskeletal disorders and diseases, as well as cleft lip and palate abnormalities. We also provide sub-acute care and inpatient rehabilitation services for patients who have suffered an illness or accident that requires specialized care.
- Solaris Pediatric Therapy: Solaris Pediatric Therapy, located in Houston, Texas, offers occupational therapy, physical therapy, and yoga therapy with a focus on helping children develop the skills they need to handle day-to-day activities and be comfortable in normal, social environments.
- Texas Children’s Hospital: Texas Children’s Hospital, located in Houston, Texas, is a not-for-profit organization whose mission is to create a healthier future for children and women throughout our global community by leading in patient care, education and research. We are proud to be consistently ranked among the top children’s hospitals in the nation.
- Therapy 2000: We visit patients in the comfort of their home or day care. THERAPY 2000 provides occupational, physical, and speech therapy services to children (birth-21) with special needs, including disabilities, developmental delays and autism spectrum disorders.
Houston Support Organizations
- American Academy for Cerebral Palsy and Developmental Medicine: The American Academy for Cerebral Palsy and Developmental Medicine (AACPDM) is an Academy of over 1,100 health professionals dedicated to providing multidisciplinary scientific education and promoting excellence in research and services for the benefit of people with and at risk for cerebral palsy and other childhood-onset disabilities.
- Big Little JC Association: we help and guide families with Medically Dependent Children to fulfill their everyday needs and find the best care.
- Children’s Museum of Houston: we transform communities through innovative, child-centered learning.
- Department of Assistive and Rehabilitative Technology Vision Impaired: The Division for Blind Services (DBS) assists blind or visually impaired individuals and their families. Depending upon their goals and needs, DBS offers services to help regain independence or find a job. DBS staff work in partnership with Texans who are blind or visually impaired to get high quality jobs, live independently, or help a child receive the training needed to be successful in school and beyond.
- Dream Catcher Stables: our mission is to provide a place in perpetuity where people with disabilities can be successful, equal, and capable growing to their maximum life’s potential through interaction with horses in a positive environment.
- Easter Seals Disability Svcs (formerly UCP Houston): through therapy, training, education and support services, Easter Seals creates life-changing solutions so that people with disabilities can live, learn, work and play in our community.
- Every Child Inc.: We’re working to find ways to support family life for children with disabilities who would otherwise grow up in facilities. We want all children to grow up in a safe, loving, and nurturing family with whatever support is needed for families and children to thrive.
- Family to Family Network: has a vision for ALL children where education, and families working together are making dreams become realities. We know that our children must have a good educational foundation and experiences within their home communities to prepare them for independent living and accomplishment of their goals.
- Harris County Department of Education: Harris County Department of Education supports Harris County by enriching educational opportunities and providing value through services.
- Houston Children’s Charity: Is a 501(c)(3) non-profit organization dedicated to improving the quality of life for Greater Houston’s underprivileged, abused and disabled children who have been otherwise left behind.
- Kids Out and About.com: Resources for families with special needs in the Houston areaParents in our area are always searching for resources for kids with special needs. We are doing our best to collect these all on this one page.
- LD OnLine: LD OnLine seeks to help children and adults reach their full potential by providing accurate and up-to-date information and advice about learning disabilities and ADHD.
- Navigate Life Texas: Texas families and parents can find the resources and services they need to support children with disabilities or health care needs under their care.
- Partners Resource Network: can help you understand your child’s disability, understand your rights and responsibilities under IDEA, obtain and evaluate resources and services, and effectively participate as an equal team member with professionals in planning services for your child.
- SIRE: the mission of SIRE is to improve the quality of life for people with special needs through therapeutic horsemanship activities and therapies and educational outreach.
- Texas Parent to Parent: provides support, information, and education for families of children of all ages who have disabilities or chronic illness.
- Texas Project FIRST: information, resources, support and training for families.
- The Arc Greater Houston: promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetime.
- The Legal Framework: information and resources for the child centered special education process.
- United Way of Greater Houston: Together, we are creating opportunities for our neighbors and our community to thrive. United Way of Greater Houston is here to help families meet their basic needs, like food and housing, and establish a pathway to a better future through things like education and job training. We bring people and partners together to address tough issues and create real change. Your support makes it possible.
- University of Houston – College of Education: Resources for Families & Children with Disabilities.
Houston Recreational & Accessible Activities
- Big Little JC Association: Big Little JC Association is committed to help you find your voice, to make yourself heard and to overcome your obstacles and challenges. Your child deserves nothing less.
- Camp LIFE: Camp LIFE gives campers the choice to participate in every activity you would see at any other traditional camp. Campers can experience horseback riding, fishing, archery, the zip line and rope course activities, as well as a petting zoo, canoeing, dancing and even karaoke.
- Children’s Museum of Houston: We transform communities through innovative, child-centered learning.
- Dream Catcher Stables: Our mission is to provide a place in perpetuity where people with disabilities can be successful, equal, and capable growing to their maximum life’s potential through interaction with horses in a positive environment.
- Easter Seals Greater Houston: Easter Seals’ Children’s Therapy Program is designed to help children live, learn, work and play through our physical, occupational and speech therapy services. Each of its dedicated therapists has specialized training and experience in working with children to promote growth and development.
- Friendship Circle: Our mission is to engage children, teens, and adults with disabilities through a full range of experiences, provide parents and families of children and teens with disabilities with much-needed respite and support, enrich, inspire and motivate teens to share themselves with others, create a sense of responsibility and connection to the Jewish community for teens through educational and social opportunities.
- Houston Parks and Recreation Department: H.P.A.R.D.’s Adaptive Recreation Section was created at this time to offer a variety of recreational, sporting and quality of life programming for people with disabilities. Opportunities include structured classes, a fitness room, a full court gym, an indoor heated pool for use by people with disabilities, a beep baseball field, a tennis court, a quarter-mile outdoor trail, and an urban garden.
- LD On Line: LD OnLine seeks to help children and adults reach their full potential by providing accurate and up-to-date information and advice about learning disabilities and ADHD.
- Partners Resource Network: We help parents to: understand their child’s disability; understand their rights and responsibilities under IDEA; obtain and evaluate resources and services; participate as team members with professionals in planning services for their children.
- SIRE: The mission of SIRE is to improve the quality of life for people with special needs through therapeutic horsemanship activities and therapies and educational outreach.
- Texas Parent to Parent: Texas Parent to Parent provides support, information, and education for families of children of all ages who have disabilities or chronic illness.
- The River Performing and Visual Arts Center: Our mission is to extend arts access to children of all abilities.