Birth Injury Lawyers

If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.

No parent wants to learn that their child has suffered a serious injury due to trauma before, during, or shortly after birth. Unfortunately, birth injuries affect many families in Texas each year. Many of these injuries are caused by medical malpractice, meaning they could have been prevented if the healthcare provider had exercised the appropriate standard of care in treating the mother or baby. At Dunham & Jones, our birth injury lawyers are passionate about exposing medical malpractice and helping families who are faced with devastating birth injuries achieve justice. Call Dunham & Jones today at 888-222-9746 for compassionate and dedicated legal representation.

Why You Need a Texas Birth Injury Lawyer to Represent You

A birth injury lawsuit in Texas is a type of medical malpractice claim, one of the most complex types of lawsuits in the state. Medical malpractice cases have unique requirements, including written notices and medical expert reports. The best way to meet these requirements is by hiring a Texas personal injury lawyer at Dunham & Jones who can handle all legal matters for you, such as filing your claim and collecting evidence. You can rely on a personal injury lawyer to fight for maximum compensation for your family, even if it means taking your birth injury case to trial. At Dunham & Jones, we are dedicated to ensuring that you receive the justice and compensation you deserve.

How Do Birth Injuries Occur?

Birth injuries can occur in various ways, primarily due to the negligence of a doctor, surgeon, nurse, or any other member of the medical team involved in the delivery process. When these professionals fail to provide the appropriate standard of care, the child can suffer serious injuries.

Some of the most commonly cited causes of birth injuries include:

• Failure to Monitor the Fetus: Not detecting low oxygen levels can lead to conditions such as cerebral palsy.
• Improper Use of Birthing Tools: Incorrect use of vacuum extractors or forceps during delivery can cause facial damage and nerve or muscle injuries in the neck or head.
• Failure to Notice Abnormal Birth Presentation or Position: Ignoring issues like shoulder-first or breech birth presentations can result in complications.
• Undiagnosed Large Birth Weight: Failure to recognize and plan for a large baby can lead to delivery complications.
• Umbilical Cord Prolapse or Strangulation: This can cause hypoxia or other oxygen-related issues, leading to severe health problems.
• Issues with Pitocin: Mismanagement of this labor-inducing medication can result in complications during birth.
• Failure to Recognize the Need for a C-Section: Not performing a C-section when necessary can endanger both the mother and the baby.
• Failure to Provide Specialized Care: Not sending a child to a neonatal care unit or failing to call in a specialist when needed can lead to significant health issues.

At Dunham & Jones, we understand the devastating impact of birth injuries and are committed to holding negligent medical professionals accountable. If your child has suffered a birth injury, call us at 888-222-9746 for legal assistance.

Can a Birth Injury be Prevented?

Not all birth injuries are preventable. Medical complications can arise that aren’t due to negligence by healthcare providers. The human body is complex, and sometimes children are born with defects, injuries, or illnesses that were unavoidable or not caused by anyone’s negligence.

However, with proper prenatal care and attentive medical professionals, many birth injuries can indeed be prevented. Nurses, doctors, surgeons, and other medical staff involved in the birthing process must diligently look for warning signs before, during, and after labor.

When to Consult a Birth Injury Lawyer

If you have questions about whether your child’s birth injury was caused by medical negligence or could have been prevented, it’s essential to seek legal advice. Dunham & Jones offers free consultations to help you determine the next steps for your particular situation. Determining whether a birth injury was preventable can be challenging, but our personal injury lawyers can work with trusted medical professionals on your behalf to investigate and find answers.

Contact Dunham & Jones today at 888-222-9746 to discuss your case and explore your legal options. Our experienced birth injury lawyers are here to help you seek justice and obtain the compensation your family deserves.

The Importance of an Early Diagnosis in Birth Injury Cases

It’s not uncommon for medical professionals to be unaware of a birth injury immediately. In some cases, complications are known at birth, and initial injuries are treated. However, the signs and symptoms of some birth injuries, such as cerebral palsy, may take time to manifest.

Early Diagnosis is Crucial in Birth Injuries

The first step towards addressing a birth injury is obtaining an early diagnosis. Modern medicine offers valuable tools and techniques to accurately diagnose birth conditions and begin appropriate treatment programs promptly.

Challenges in Diagnosing Birth Injuries

One of the primary challenges in diagnosing birth injuries is that babies and young children cannot communicate that something is wrong. They lack the ability to express discomfort or abnormalities. Often, parents and caregivers are the first to notice that something is amiss. In some cases, a pediatrician may identify delays in reaching developmental milestones, prompting further tests.

Role of Medical Professionals

Your child’s doctor should be vigilant in detecting any abnormal symptoms and investigating the cause. Early detection of a birth injury is crucial for initiating effective treatment. Early intervention can lead to significant improvements in your child’s quality of life, both short-term and long-term.

Take Action Early

If you suspect your child has sustained a birth injury, it’s essential to seek medical and legal advice promptly. At Dunham & Jones, our experienced birth injury lawyers can help you understand your legal options and ensure your child receives the necessary care and compensation. Contact us today for a free consultation to discuss your case and determine the best course of action.

When Can You File a Medical Malpractice Lawsuit for a Birth Injury in Texas?

A birth injury refers to any type of harm suffered by an infant during gestation, labor, or delivery. It can also include injuries sustained shortly after birth, such as when a newborn is mishandled or dropped by hospital staff. While many mothers experience unexpected complications during childbirth, families have the right to file a medical malpractice claim in Texas if these issues—or resultant infant injuries—are caused by negligent healthcare practitioners.

Understanding Medical Negligence and Malpractice

1. Medical Negligence: Occurs when a healthcare professional deviates from the accepted standard of patient care, leading to harm.
2. Medical Malpractice: Involves a knowing or intentional deviation from the standard of care, rather than one caused by carelessness.

If a healthcare provider is guilty of either negligence or malpractice in connection with a birth injury in Texas, the affected family may be entitled to financial compensation for their related losses.

When to File a Medical Malpractice Lawsuit for a Birth Injury

You can file a medical malpractice lawsuit for a birth injury in Texas when:

1. Negligence or Malpractice Occurs: If a healthcare professional fails to provide the accepted standard of care during pregnancy, labor, delivery, or post-birth care, resulting in harm to the infant.
2. Infant Sustains Injury: The injury must be directly linked to the healthcare provider’s actions or inactions.
3. Within the Statute of Limitations: Texas law imposes a strict deadline for filing medical malpractice claims. It’s crucial to act quickly to ensure your case is filed within the appropriate timeframe.

Seeking Legal Assistance with a Birth Injury in Texas

If your child has suffered a birth injury due to medical negligence or malpractice, it’s essential to consult with an experienced birth injury lawyer. At Dunham & Jones, we are dedicated to helping families seek justice and obtain the compensation they deserve. Call us at 888-222-9746 today for a free consultation to discuss your birth injury case and explore your legal options.

What is the Difference Between Birth Injuries & Birth Defects in Texas?

It’s not uncommon to confuse the terms “birth injuries” and “birth defects.” However, these are two distinct conditions.

Birth Injuries

Birth injuries refer to trauma that a child incurs as an infant, either during pregnancy, the birthing process, or shortly after birth. These injuries are typically caused by complications during delivery or by medical negligence. Examples of birth injuries include cerebral palsy, nerve damage, and fractures.

Birth Defects

Birth defects are either chemical or physical abnormalities that are present at birth. These defects are usually genetically inherited or caused by environmental factors during pregnancy, such as exposure to harmful substances. Examples of birth defects include congenital heart defects, Down syndrome, and spina bifida.

Legal Implications for Medical Negligence

In most situations, a birth injury lawsuit is brought against a medical professional for injuries caused by negligence during the prenatal or birthing process. On the other hand, lawsuits for birth defects are less common unless the environmental factor causing the defect was due to negligence. For example, if a medical professional failed to warn a pregnant woman about the risks of certain medications or environmental exposures that led to a birth defect, a lawsuit may be appropriate.

If you believe your child’s condition is due to medical negligence, whether it’s a birth injury or a birth defect, it’s crucial to consult with an experienced birth injury lawyer. At Dunham & Jones, we can help you determine the cause of your child’s condition and pursue the appropriate legal action. Contact us today at 888-222-9746 for a free consultation to discuss your birth injury case and explore your options.

Common Birth Injuries

Birth injuries can result from various lapses or inconsistencies in patient care during the birthing process. These include miscommunications, misdiagnoses, lack of fetal heart rate monitoring, failure to order an emergency C-section, and misuse of birth-assistive tools such as forceps. When an OBGYN, nurse, surgeon, or another healthcare professional breaches the standards of patient care, it can cause serious birth injuries, such as:

• Bone Fractures
• Head Trauma
• Brain Damage
• Brain Hypoxia (Lack of Oxygen)
• Cerebral Palsy
• Brachial Plexus Injuries
• Dislocations
• Erb’s Palsy
• Nerve Damage
• Facial Paralysis
• Spinal Cord Injuries
• Bruising and Contusions

If your child was diagnosed with any type of injury soon after birth or in the first few years of life and you believe that a doctor’s negligence played a role, don’t hesitate to contact a personal injury lawyer. There are critical deadlines for filing a valid medical malpractice claim in Texas. A personal injury lawyer from Dunham & Jones can immediately begin working on your case to ensure you meet all filing requirements and deadlines.

Call Dunham & Jones today at 888-222-9746 for a free consultation to discuss your child’s birth injury and explore your legal options. We are committed to helping you seek justice and obtain the compensation your family deserves.

How Quickly Can You Detect a Birth Injury?

There are various symptoms associated with birth injuries. Some symptoms are immediately recognizable, while others may take months or years to become noticeable. Parents and caregivers are often the first to observe their child’s development, but a child’s doctor should also detect if developmental milestones are not being met.

Immediate Signs of Birth Injuries

Some birth injury symptoms can be noticeable right after birth, including:

• Crying while arching their back
• Difficulty eating, swallowing, or suckling
• Excessive drooling
• Facial nerve injuries
• Hands curved into a claw-like shape
• Lower oxygen levels
• Low heart rate
• Loose or stiff muscles
• Seizures
• Skull fractures
• Sensitivity to light
• Weak or absent reflexes

If a child exhibits any of these symptoms soon after birth, it’s crucial to ensure they are thoroughly examined, as these could be signs of nerve damage or brain damage.

Signs of Birth Injuries in the First Two Years

Some signs of a birth injury may appear between twelve to twenty-four months, including:

• Delays in speech or no speech development
• Difficulty using utensils or cups
• Trouble eating or drinking
• Difficulty crawling or walking
• Low memory retention or other intellectual disabilities
• Involuntary pulling on the neck
• Lack of muscle control
• Muscle spasms
• Lack of bodily movement (ataxia)
• Failing to bring objects to the mouth
• Poor coordination
• Inability to pass objects from one hand to the other
• Hearing or vision problems

This list isn’t exhaustive, and if you notice anything abnormal in your child’s development, we encourage you to seek assistance from your pediatrician as soon as possible. Not all signs and symptoms necessarily indicate a birth injury, but it’s essential to have a thorough evaluation to be sure.

If you suspect a birth injury due to medical negligence, contact Dunham & Jones for a free consultation at 888-222-9746. Our experienced personal injury lawyers are here to help you understand your legal options and ensure your child receives the care and compensation they deserve.

Can a Birth Injury Lawyer Help You?

Birth injury claims in Texas are complex and challenging to litigate, often more so than traditional medical malpractice cases. That’s why it’s crucial to have a dedicated birth injury lawyer by your side throughout this difficult time.

Comprehensive Investigation of the Injuries at Birth

When a child sustains injuries at birth, a thorough investigation is necessary. An experienced birth injury lawyer will utilize their resources to manage the investigative process, including:

• Obtaining all medical records related to the birth injuries through the court system.
• Examining the medical history of the professionals involved in the birth.
• Consulting medical experts who can provide testimony regarding the negligence that caused the injury.

Expert Testimony

Birth injury claims often hinge on expert medical witnesses who can testify about how negligence led to the child’s injuries. These cases require meticulous preparation and detailed knowledge of medical and legal standards.

Negotiation and Litigation

A skilled birth injury lawyer will handle all negotiations with insurance companies and legal teams to seek fair compensation. However, if a satisfactory settlement can’t be reached, they will be fully prepared to take the case to trial. Your personal injury attorney will ensure that every aspect of the claim is ready for court, aiming to secure the best possible outcome for you and your child.

Why Choose Dunham & Jones

At Dunham & Jones, our birth injury lawyers are committed to standing by your side every step of the way. We understand the complexities of birth injury cases and are dedicated to fighting for your rights. Contact us today at 888-222-9746 for a free consultation to discuss your case and learn how we can help you secure the compensation you deserve.

What Damages are Available in a Birth Injury Case in Texas?

Families of children who have sustained birth injuries may be entitled to various types of compensation. The total amount of damages in a successful birth injury claim will vary depending on the type and severity of the injury. Several factors are considered when calculating the compensation a client should receive, involving the expertise of injury attorneys and financial experts.

Key Factors in Compensation Calculation

1. Emergency Medical Treatment Costs: The expenses incurred for any immediate medical care required following the birth injury.
2. Future Medical Care Costs: Ongoing medical care, physical therapy, or rehabilitation expenses that the child may need.
3. Special Education and Needs: Costs associated with providing special education or meeting other special needs for the child.
4. Home Modifications: Expenses for modifying the child’s home to aid with mobility and accommodate special needs.
5. Special Purpose Equipment: Costs for any special equipment necessary for the child’s care and mobility.
6. Lifetime Lost Income: Compensation for the total amount of income the child may lose throughout their lifetime due to a birth injury disability.
7. Physical and Emotional Pain and Suffering: Compensation for the physical and emotional distress experienced by the child.

Texas Compensation Limitations

Given that birth injuries occur early in a person’s life, the total cost of care can be substantial. However, Texas law imposes some limitations on the total amount of compensation available for medical malpractice claims, including birth injury claims.

1. Non-Economic Damages: Under Texas law, plaintiffs are limited to $250,000 for non-economic damages. This includes compensation for physical and emotional pain and suffering.
2. Economic Damages: There are no limitations on the amount of compensation for economic damages, which cover medical costs, lost wages, and other calculable expenses.

Seeking Legal Assistance Due to Medical Negligence

If your child has sustained a birth injury due to medical negligence, it’s crucial to consult with an experienced birth injury lawyer. At Dunham & Jones, we are dedicated to helping families secure the compensation they deserve. Call us today at 888-222-9746 for a free consultation to discuss your case and explore your legal options.

Who Could Be Responsible for My Child’s Birth Injuries?

There may be various parties who could hold liability for a child’s birth injuries. These include:

• Family Physician or Primary Care Provider: Typically, individuals visit their primary care provider or family physician to confirm the pregnancy. While most care provided by a family physician is not considered specialty care, they have a duty to ensure that a pregnant individual is properly screened and referred to an obstetrician or gynecologist if a birth or pregnancy-related complication arises.
• Obstetricians or Gynecologists (OB/GYN): Obstetricians and gynecologists are primarily responsible for the prenatal care of an expecting mother and often deliver the child. They should plan and monitor high-risk pregnancies at the appropriate level of care. Any lapse in judgment during a high-risk pregnancy could lead to injury or death for the infant or mother. Obstetricians are also responsible for using various birth tools and performing or recommending C-sections when necessary. Missteps in these decisions can cause harm to the infant or mother.
• Nurses or Physician Assistants: Nurses and physician assistants assist with the birthing process, monitoring the mother before, during, and after birth, and caring for the infant post-birth. Any mistakes by these medical professionals can lead to harm for the child or mother.
• Anesthesiologists: Anesthesiologists play a crucial role in the birthing process, particularly if a C-section is required. They administer anesthesia and monitor vital signs during the procedure. Inadequate performance of these duties can harm both the mother and baby.
• Hospitals or Surgical Centers: Hospitals or surgical centers may be held responsible if their employees’ negligence leads to injury to the mother or infant during the birthing process. Generally, employers are liable for the actions of their employees.

If your child has suffered a birth injury due to the negligence of any of these parties, it’s crucial to consult with an experienced birth injury lawyer. At Dunham & Jones, we are committed to helping families seek justice and obtain the compensation they deserve. Call us today at 888-222-9746 for a free consultation to discuss your case and explore your legal options.

What is Texas’s Statute of Limitations for Birth Injury Lawsuits?

In Texas, the statute of limitations for medical malpractice, including birth injury lawsuits, is two years from the date the medical mistake occurs. This means that the victim must file the lawsuit within this two-year period or lose the right to recover compensation for their losses.

Exceptions for Minors

There are exceptions to this general statute of limitations:

1. Injuries to Minors: Under Texas law, a minor has until their 14th birthday to file a malpractice lawsuit. If an injury occurs to a minor after they turn 14 but before they turn 18, the lawsuit must be filed within two years from the date the malpractice occurred.
2. Claims for Medical Expenses: Texas law stipulates that any claim for the medical expenses of a minor before they turn 18 belongs to the minor’s parents. This claim is subject to the standard two-year statute of limitations.

Importance of Timely Action in a Birth Injury Claim

Given these specific time constraints, it’s crucial to act promptly. If your child has suffered a birth injury, consulting with an experienced birth injury lawyer as soon as possible can help ensure that you meet all legal deadlines and protect your right to compensation.

At Dunham & Jones, we understand the complexities of birth injury cases and are committed to helping families navigate the legal process. Call us today at 888-222-9746 for a free consultation to discuss your case and explore your legal options.

Can You Afford a Birth Injury Lawyer?

When facing the need for a birth injury lawyer, the last thing you should worry about is the cost. That is why our birth injury lawyers handle these claims on a contingency fee basis. This means that you and your family will not pay any legal fees until we successfully recover compensation for your losses. There are no upfront or out-of-pocket costs to worry about during the case.

How Contingency Fees Work

1. No Upfront Costs: You won’t need to pay any fees to start your case.
2. Payment Upon Success: If we win your case, our legal fees will be a percentage of the total settlement or jury verdict amount. This percentage is agreed upon before any work begins.
3. No Win, No Fee: If we don’t win, you don’t pay anything.

At Dunham & Jones, we are committed to providing you with top-notch legal representation without adding financial stress. Call us today at 888-222-9746 for a free consultation to discuss your case and learn how we can help you seek justice and compensation for your child’s birth injury.

Common Questions About Birth Injuries

Here are some of the most common questions our law office receives related to birth injuries:

Is There a Difference Between a Birth Injury and a Birth Defect?

Answer: Yes, there is a significant difference. A birth defect is typically not preventable and is usually congenital, meaning it’s present from birth due to genetic or environmental factors. In contrast, a birth injury is often preventable and is caused by the careless or negligent actions of a medical professional during pregnancy, labor, or delivery.

Does Your Situation Rise to the Level of a Lawsuit?

Answer: Whether your situation can become a viable medical malpractice lawsuit depends on the evidence. We encourage you to work with a skilled birth injury lawyer in Texas who can guide you through this process and help you determine whether to move forward with your claim.

Do Lawsuits Always Succeed for Birth Injury Claims?

Answer: Medical malpractice claims are notoriously challenging. Success depends on proving that a doctor violated the medical standard of care, which involves obtaining testimony from trusted medical professionals, gathering comprehensive evidence, and possibly proceeding to trial. Not every medical malpractice claim will be successful, but your injury lawyer can help you understand your chances of success.

How Will a Jury in Texas Know if the Doctor Was Responsible?

Answer: A Texas jury will evaluate all the evidence presented, listen to witness testimony, and determine whether the doctor provided an adequate standard of medical care. The jury’s decision will be based on the credibility and weight of the evidence.

Will My Birth Injury Case Have to Go to a Jury Trial?

Answer: Not all medical malpractice claims go to a jury trial. In some cases, especially when the evidence is strong, an insurance company or medical provider may choose to settle out of court. However, if the other side refuses to offer a fair settlement, it may be necessary to proceed to a full jury trial.

If you have more questions about birth injuries or need legal advice, contact Dunham & Jones at 888-222-9746 for a free consultation. Our experienced injury lawyers are here to help you understand your rights and pursue the compensation you deserve.

Do You Need to Talk to a Medical Malpractice Lawyer?

If you suspect that a birth injury has occurred, it’s crucial to speak with a birth injury lawyer as soon as possible. These claims are complex, and delaying action could jeopardize your case. An injury lawyer needs to get involved quickly to begin investigating the incident, collaborating with trusted medical experts, and working to recover compensation for you.

Contact a medical malpractice lawyer at Dunham & Jones today at 888-222-9746 so we can start looking into your case immediately and help you navigate the legal process.

Call a Birth Injury Lawyer Today for Help

A birth injury is a traumatic event that affects the entire family, not just the injured child. At Dunham & Jones, we understand the profound impact these injuries have on our clients. We go above and beyond to secure the best possible results and ensure our clients have the support they need during these difficult times.

Call Dunham & Jones today at 888-222-9746 for a free consultation to discuss your unique situation with a birth injury lawyer. We are here to help you navigate this challenging period and pursue the justice and compensation your family deserves.