The arrival of a newborn should be a joyous occasion, filled with excitement and love. Unfortunately, for some families, the experience is overshadowed by birth injuries that leave both parents and children facing unexpected challenges. Whether caused by complications during labor, medical errors, or improper care, birth injuries can have lasting effects on a child’s health and development. As parents, it’s natural to feel a mix of emotions—from concern to anger—when you learn that your baby’s injury could have been prevented. Understanding your options for seeking justice and compensation is key to ensuring your family’s future is protected.

As Austin’s oldest personal injury law firm, Byrd Davis Alden & Henrichson LLP has built a trusted reputation for handling sensitive and impactful cases, including birth injury claims. With decades of trial experience and recognition in publications like Super Lawyers and Best Law Firms, we work diligently to help families navigate the complexities of these cases. Our compassionate approach and proven track record ensure that your family’s rights and future are a top priority.

What Constitutes a Birth Injury in Texas?

Birth injuries are physical harm or medical conditions that occur to a baby during the labor or delivery process. These injuries can result from complications, natural factors, or errors made by medical professionals. Understanding what constitutes a birth injury in Texas is crucial for recognizing when it might be a result of medical negligence.

Common Types of Birth Injuries

Birth injuries can range from mild and temporary to severe and life-altering. Some common examples include:

 

  • Brachial plexus injuries: Damage to the nerves controlling the arm and hand, often caused by excessive pulling during delivery.
  • Fractures: Broken bones, such as a fractured clavicle, typically occur during complicated deliveries.
  • Cerebral palsy: A condition caused by brain damage during birth, often linked to oxygen deprivation or trauma.
  • Brain injuries: These may result from improper use of delivery tools or delayed responses to fetal distress.
  • Facial paralysis: Nerve damage from forceps or vacuum extraction can lead to temporary or permanent facial weakness.

 

As a result of negligence, a child may leave their whole life with the impact of a birth injury. While nothing can make up for that, by working with an Austin birth injury lawyer, you can recover fair compensation that helps cover not only medical needs but can set your child up for success despite the impacts of their birth injury. 

Factors That Define Birth Injuries

In Texas, not every injury during birth is considered a “birth injury” in a legal sense. In order to be considered a “birth injury” in the legal sense, the following must be present:

 

  • Preventability: Was the injury avoidable if reasonable care had been provided?
  • Causation: Did the injury directly result from a medical professional’s action or inaction?
  • Severity: Does the injury have significant or lasting consequences for the baby’s health?

 

Understanding the different legal elements that determine what falls under the term birth injury can help distinguish between natural birth complications and potentially preventable medical errors. By identifying whether or not something falls under “birth injury”, families can better understand how to move forward.

Who Can You Sue if Your Child Suffers a Birth Injury in Texas?

Discovering that your child has suffered a birth injury can be heartbreaking and overwhelming. In Texas, identifying who is legally responsible is the first step in seeking justice and compensation. Understanding potential parties who may be held accountable can help you take informed action.

Medical Professionals Involved in Delivery

Doctors, nurses, and other medical professionals play a critical role in the delivery process. When their negligence or errors contribute to a birth injury, they may be held liable.

 

  • Obstetricians: Failure to monitor the mother and baby, delayed decisions, or improper delivery techniques.
  • Nurses: Errors in administering medications, failing to monitor vital signs, or neglecting to communicate concerns to the doctor.
  • Anesthesiologists: Mistakes in administering epidurals or other pain management methods that harm the mother or baby.

 

Medical professionals are expected to follow the standard of care, and failure to do so may result in accountability for birth injuries.

The Hospital or Medical Facility

In certain situations, hospitals and medical facilities can also be held liable for birth injuries. This often occurs when:

 

  • Staffing issues: Insufficient or unqualified staff contribute to errors during delivery.
  • Faulty equipment: Use of defective or improperly maintained medical tools during delivery.
  • Policies and procedures: The facility’s policies fail to ensure patient safety, leading to avoidable mistakes.

 

Holding a hospital accountable often involves proving systemic negligence rather than individual error.

Manufacturers of Medical Equipment

In some cases, the tools and devices used during delivery may be defective. When a faulty product causes or contributes to a birth injury, the manufacturer may be liable.

 

  • Defective design: Tools such as forceps or vacuum extractors that are poorly designed.
  • Manufacturing defects: Flaws introduced during the production process that compromise the tool’s safety.

 

Pursuing a claim against a manufacturer requires showing how the defective product directly caused harm.

Other Potentially Liable Parties

Depending on the circumstances that led to the injury, other parties may share responsibility for a birth injury:

 

  • Pharmaceutical companies: If medications given during pregnancy or labor were harmful and lacked adequate warnings.
  • Prenatal care providers: Negligence during prenatal care, such as failing to diagnose conditions that could lead to complications during birth.

 

Liability can extend beyond the delivery room when harm stems from earlier mistakes or systemic issues.

Birth Injury Legal Support in Austin

At Byrd Davis Alden & Henrichson LLP, we understand how devastating it is to discover your child has suffered a preventable birth injury. With over 60 years of service as Austin’s oldest personal injury law firm, we’ve built a reputation for helping families navigate complex medical negligence cases. Our team works tirelessly to identify the causes of birth injuries, whether they involve medical professional errors, hospital negligence, or defective equipment.

Your child’s health and future are our priority. We’re committed to helping families secure the compensation they deserve to cover medical care, therapy, and other needs arising from birth injuries. With a history of recognition in Best Lawyers and Super Lawyers, our results speak for themselves. Contact us at (512) 454-3751 or visit our contact form to discuss how we may assist your family during this challenging time.