Houston, Texas Birth Injury Attorneys

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(888)741-6200 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.

Sources:

1. Centers for Disease Control and Prevention. (2018). What are Birth Defects? | CDC. [online] Available at: https://www.cdc.gov/ncbddd/birthdefects/facts.html [Accessed 17 Sep. 2019].

Free Case Evaluation

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 (844) 232-9228 or email us a [email protected].

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