Birth Injury Lawyer in Houston

The birth of a child is usually a time of celebration and joy. Unfortunately, tragedy and heartbreak can sometimes also accompany the birth of a child. When a baby suffers serious injury during pregnancy, labor, or delivery, the hopes and dreams you have for your child may be replaced with a lifetime of struggles and challenges. Perhaps the worst part of many of these tragic birth injuries is that they could have been avoided altogether.

When a medical professional fails to act as another reasonable medical professional would have done, given the same circumstances, negligence could have been present. Every year, thousands of children and parents in Texas and across the nation are forced to survive the aftermath of birth injuries or infant death due to a mistake made by a doctor, nurse, or other delivery room personnel.

At The Brothers Law Firm, we stand by families who have been devastated by a birth injury, fighting for their rights and their futures. Although many birth injuries are immediately apparent, others may not make themselves known until months or years later. Once parents realize something has gone terribly wrong, they need an advocate in their corner to hold those responsible accountable and get the answers they need.

Serious birth injuries can bring emotional, physical, and financial pain to the victim and family. When a birth injury is severe, the parents may find themselves unable to financially provide the level of care required by the baby or child. Medical care, rehabilitative therapies, special needs schools, home assistive items, and many other required items can last the child’s lifetime.

All of these things cost money, possibly far beyond what your health insurance will pay. When an avoidable medical mistake caused your child’s birth injury, the committed professionals at The Brothers Law Firm will fight aggressively to obtain the compensation that can ease your financial burdens, as well as bringing you some level of closure.

Why Choose The Brothers Law Firm for Your Child’s Birth Injury?

Finding out that your child was injured at birth is extremely traumatic. Your every waking moment is likely spent caring for your child and determining how you can ensure the best future possible for them. During such a difficult time it can be extremely beneficial to speak to a knowledgeable birth injury attorney from The Brothers Law Firm. Our firm prides itself on the many positive testimonials we have received from our satisfied clients. For more than a decade, attorney John Brothers has been the champion for parents whose child has been injured at birth as a result of negligence, carelessness, or failure to act in a way that another medical professional, given the same circumstances, would have done.

John is trusted by his clients for his small-town values and plain-spoken honesty—and his ability to get results. John has recovered millions of dollars for victims and their families.  John Brothers is also highly respected by fellow attorneys for his skills, professionalism, and success in highly complex birth injury matters. While in law school, John simultaneously clerked at two highly respected medical malpractice and personal injury law firms and was hired by one of those firms after graduating and passing the Bar. A short three years later, John was recruited as a partner for one of the largest medical malpractice firms in the state of Texas. We know that you have plenty of choices when choosing a birth injury attorney. We also believe strongly that once you have spoken to birth injury attorney John Brothers, your choice will be clear.

What are the Causes of Most Birth Injuries?

The causes of birth injuries are varied, although there are some types of birth injuries which are more common than others, such as:

• When a baby’s brain is deprived of oxygen during birth, hypoxia can result, causing mental or physical disabilities.
• The brachial plexus nerves provide power to the arm muscles. Brachial Palsy can occur when a baby must be delivered quickly, causing a doctor to exert excessive force when pulling the baby from the birth canal. This can result in over-stretching of one side of the baby’s neck; the severity will depend on whether there is a total tear, a partial tear or a stretch, and where the injury is located. While about half of all Brachial Palsy cases will heal on their own, within the first few weeks of life, other children could require nerve surgery.
• The incorrect use of Pitocin, a labor-inducing drug, can result in birth injury. When Pitocin is not properly used, contractions can become too strong or too frequent, placing the baby at risk due to lack of oxygen. Birth asphyxia can result in brain damage or even fetal death, and for the mother, uterine rupture and postpartum hemorrhage can occur.
• The improper use of forceps during delivery can severely injure the infant’s skull, causing brain bleeds, and even causing cerebral palsy. When forceps are misused, temporary or permanent facial paralysis can result.
• The healthcare professional may exhibit a failure to diagnose in cases where the umbilical cord is wrapped around the baby’s neck, when an infection occurs, or the premature rupture of the membranes occur. Any of these issues can potentially lead to serious injury or death.
• Failure to take note of changes in the baby’s condition during delivery can result in a birth injury or death.
• When a high-risk mother or baby does not receive the level of specialized care she requires, injury or death can occur.
• Vacuum machines are sometimes used during a difficult birth to deliver the baby. When the vacuum machine is used improperly, an injury can occur. A cup is applied to the top and back of the baby’s head, then suction is applied to help a stalled delivery. If the cup is improperly placed, not only can the baby sustain an injury, but the mother can as well. The FDA has issued very specific warning regarding the use of vacuum extractors because when the device is misused, brain hemorrhage, cerebral palsy, Erb’s palsy, shoulder dystocia, and skull fractures can occur.
• A fast blood pressure drop on the part of the mother or dangerous slowing of the baby’s heartbeat can result in serious injury or death to the mother and/or baby, particularly when the doctor delays a Caesarean section.
• The negligent administration of anesthesia or medication can result in serious injury to the mother or baby.
• A failure to address neonatal and postnatal infections can result in injury or death.

Any difficult birth has an increased risk of a birth injury, requiring all medical personnel to take every reasonable measure to reduce the risk of injury and death. Brachial Palsy, Erb’s palsy, Klimke’s palsy, facial paralysis, should dystocia, brain damage, clavicle fracture, encephalopathy, and cerebral palsy are all more likely when negligence is present.

Is There a Time Limit for Filing a Birth Injury Lawsuit in Texas?

Birth injuries fall under medical malpractice, which is a “subset” of personal injury claims. In the state of Texas, there is generally a two-year statute of limitations for both medical malpractice and personal injury claims. This means you have a two-year window of opportunity during which you can file your birth injury claim, although there are certain exceptions to this rule, including for a minor. Only an experienced birth injury attorney can help you determine whether your window of time has passed. Because the statute of limitations is complex, it is important that you speak to a lawyer as soon as you can if you suspect your child has suffered a birth injury. When you have a highly skilled birth injury attorney from The Brothers Law Firm, you are giving yourself the best chance at a favorable outcome.

What Damages Can I Seek Compensation for in a Birth Injury Case?

Seeking an equitable amount of damages following a birth injury is important because once you have accepted a settlement, there are no “do-overs” allowed, even if you realize that the compensation simply won’t cover all your losses. Birth injuries are unique in medical malpractice and personal injury claims because there are essentially two plaintiffs—the parents or guardians of the child and the injured child. This means that in some cases, you can seek damages for both parties—the child and the parents.

Determining how a birth injury will affect your child’s future can be difficult. Some birth injuries, like cerebral palsy, can result in the necessity of a lifetime of care for the child. If there are permanent physical or cognitive disabilities that will limit your child’s educational or employment opportunities, then this must be a factor. Compensation in a birth injury case often includes the following:

• Medical expenses, both current and future
• Special educational needs
• Lost wages for parents who must take off time from work to care for their child
• Modifications necessary to the home environment and vehicles
• Live-in care in some instances
• Pain and suffering for both the child and the parents or guardians

Economic damages include medical expenses, lost wages, home and vehicle modifications, live-in care, and special educational needs because these expenses have an actual, monetary number attached to them. Pain and suffering are considered non-economic damages because it is more difficult to place an exact monetary value on these damages.

Pain and suffering damages include actual physical pain as well as emotional distress, and loss of consortium. Punitive damages are available when a doctor or other medical provider was grossly negligent, reckless, or malicious in their actions. Punitive damages are meant to punish the at-fault party while deterring similar negligent behavior among healthcare providers.

Who is Responsible for a Birth Injury?

Generally speaking, a child’s birth injury is caused by a doctor, anesthesiologist, nurse, or other medical staff who failed to provide proper, prompt care to a mother and child. The hospital, or healthcare facility, may also be held liable for a birth injury. Hospitals may be public or private entities that can potentially be held vicariously liable for their employee’s negligence. A hospital must take certain precautions in hiring staff, including verifying education, training, and licensing.

If such steps were not taken and a staff member is responsible for your child’s birth injury, the hospital could be held liable for negligent retention and supervision. A hospital can also be held liable for its own negligence in situations where no investigation of an attending physician’s credentials was made or if a known incompetent physician was allowed to treat patients in the hospital. Hospitals must also ensure there are sufficient nurses on duty at all times to ensure the patients are properly cared for. So, either a doctor, other healthcare worker, or the hospital or clinic may be liable for your child’s birth injuries.

What Are Common Signs of a Birth Injury and How Can I Recognize Them?

According to the Cerebral Palsy Guide, about seven birth injuries occur for every 1,000 children born in the United States. While some birth injuries are immediately apparent, others may be more difficult to see and could take months or years to develop. Birth injury symptoms can be developmental, mental, or physical. Symptoms of a birth injury that may be present immediately following the birth include an arched back while crying, difficulty suckling or swallowing, excessive drooling, high-pitched crying, excessive fussiness, hands that are curled in a claw-like shape, either muscle stiffness or looseness, seizures, extreme sensitivity to light, low heart rate or low oxygen levels, absent or weak reflexes, and facial nerve injury.

Children between twelve and twenty-four months of age may exhibit delays in milestones like talking, crawling, walking, drinking, or grasping. Lack of muscle control, poor coordination, vision and hearing issues, an inability to pass small objects from one hand to another, an inability to bring objects to mouth, or muscle spasms can also indicate a birth injury among children this age.

How The Brothers Law Firm Can Help

If you suspect your baby’s birth injury was the result of medical malpractice, it is important that you contact a highly skilled birth injury attorney. John Brothers has firm locations in Texas, Ohio and can serve clients nationwide. A birth injury attorney from The Brothers Law Firm can examine the doctor’s notes, any tests used for diagnosis and fetal monitoring records from your pregnancy and the birth, identifying whether medical malpractice occurred. We will build a solid case on your behalf, determining whether negligence and medical malpractice caused your baby’s birth injury.

You could be entitled to receive expenses related to occupational or other types of rehabilitative therapies, extra care for the baby in your home, any modifications to your home, which might be necessary, prescription medications, counseling, and future surgical procedures could all be included in your compensation. Pain and suffering compensation could also be available if your child has chronic pain or has lost the ability to enjoy his or her life in a normal manner.  The Brothers Law Firm is never afraid to take on a difficult case; we truly care about you, your child, and your future. We stand for honesty and trustworthiness; if you are in Texas and believe your child has suffered a birth injury, contact The Brothers Law Firm. You can trust us to listen to you, answer your questions, help you understand what happened, then to seek compensation, which can help you move forward with your life.