El Paso Birth Injury Lawyer

• Brain Damage: Damage to the brain caused from oxygen deprivation or trauma during birth, leading to developmental delays, cognitive impairments, and other permanent disabilities. 
• Shoulder Dystocia: Occurs when a baby's shoulder gets stuck behind the mother's pelvic bone during delivery, potentially causing nerve damage.
• Hypoxic-ischemic Encephalopathy (HIE): A type of acquired brain injury caused by oxygen deprivation during birth, leading to neurological problems.
• Facial Nerve Damage: Injury to the facial nerve during delivery, resulting in facial paralysis.
• Fractures: Bone fractures that occur during delivery due to various complications or excessive force or improper handling.

These injuries can have lifelong consequences, affecting a child's physical abilities, cognitive development, and quality of life. Serious birth injuries can also deeply impact families, who must not only come to terms with their child’s disabilities or limitations, but who also incur considerable and ongoing expenses in treating them and providing special support. 

Determining If You Have a Birth Injury Case

Understanding whether you have a birth injury case involves assessing whether medical negligence occurred and if it directly led to harm to the newborn. While this is a highly technical task that requires knowledge of both law and medicine, you can better understand the potential merits of your case, and how medical malpractice claims work overall, by understanding the concept of medical negligence. 

Generally, medical negligence occurs when healthcare providers fail to uphold the accepted standard of care. In Texas, this “standard of care” is the level of care expected from reasonably competent professionals in similar circumstances.

Examples of medical negligence leading to preventable birth injuries include:

1. Failure to Monitor Fetal Heart Rate: Monitoring fetal heart rate is crucial to assess a baby's well-being and detect signs of distress. Negligence in fetal heart monitoring can lead to oxygen deprivation (hypoxia) and subsequent brain damage in the newborn. Healthcare providers who fail to consistently monitor the fetal heart rate or accurately interpret abnormalities may breach the standard of care.
2. Misuse of Forceps or Vacuum Extractors: Forceps and vacuum extractors are instruments used to assist in the delivery of a baby. However, their misuse or improper application can lead to serious harms. Examples of negligence include applying excessive force, using the instruments inappropriately, or failing to recognize when their use is contraindicated. These errors can result in nerve damage, fractures, or other traumatic injuries to the newborn.
3. Delayed or Improper Response to Fetal Distress: Fetal distress refers to abnormal signs that indicate a baby is not receiving sufficient oxygen or is experiencing other complications during labor. Providers have a duty to promptly respond to signs of fetal distress to prevent harm to the baby. Failure to recognize or respond appropriately to these signs, such as abnormal heart rate patterns or meconium-stained amniotic fluid, can result in preventable injuries, including brain damage, hypoxic-ischemic encephalopathy (HIE), or cerebral palsy.
4. Failure to Perform Timely Cesarean Section (C-section): In certain situations, a C-section may be necessary to safely deliver the baby and prevent birth complications. Healthcare providers must recognize indications for a C-section, such as fetal distress, umbilical cord prolapse, or cephalopelvic disproportion, and perform the procedure in a timely manner. Failure to do so can result in birth injuries, including oxygen deprivation, brain damage, or shoulder dystocia.
5. Failure to Treat Maternal Conditions Like Gestational Diabetes: Gestational diabetes is a condition that develops during pregnancy and can increase the risk of complications for both mother and baby. Providers have a duty to monitor and manage maternal conditions to minimize the risk of adverse outcomes. Failure to properly diagnose and treat gestational diabetes can result in macrosomia (excessive fetal growth), birth trauma, and shoulder dystocia during delivery. Inadequate management of maternal conditions can constitute medical negligence, especially if it directly contributes to birth injuries.
6. Failure to Screen or Provide Corrective Treatment for Group B Streptococcus (GBS) Infection: Group B streptococcus (GBS) is a type of bacteria commonly found in the digestive and lower reproductive tracts of adults. While GBS usually doesn't cause harm to healthy adults, it can pose serious risks to newborns if passed from the mother during childbirth. Providers have a duty to screen pregnant women for GBS colonization and administer antibiotics during labor to prevent transmission to the baby. Failure to screen for GBS or provide appropriate antibiotic treatment can lead to early-onset GBS infection in newborns, which can result in sepsis, pneumonia, meningitis, and other life-threatening complications. Neglecting to follow established protocols for GBS screening and treatment may constitute medical negligence if it results in harm to the newborn.

Each of these examples illustrates how deviations from the accepted standard of care can lead to preventable birth injuries, and potentially give rise to legal action. 

However, medical malpractice cases are very complex and fact specific, which is why it’s best to bring yours to a qualified attorney who can properly evaluate it. Our team at James Wood Law includes highly experienced attorneys and Certified Legal Nurse Consultant who work together to investigate and build cases. We can help review yours during a consultation.

What Is the Birth Injury Lawsuit Process in Texas?

The birth injury lawsuit process typically involves the following steps:

1. Case Evaluation: Our experienced legal team will assess the facts, review medical records, consult with relevant experts, and determine the viability of your case. We will provide an honest assessment of your legal options and the likelihood of success.
2. Filing the Complaint: Once we've determined that you have a viable birth injury case, we can initiate the legal process by filing a complaint against the responsible parties, which typically include healthcare providers and medical institutions. The complaint outlines the allegations of negligence and the damages sought by the plaintiff.
3. Discovery: During the discovery phase, both parties exchange information and evidence relevant to the case. This may include medical records, expert witness reports, depositions, and other documentation. Discovery allows each side to gather evidence to support their claims and defenses.
4. Settlement Negotiations: Many birth injury cases are resolved through settlement negotiations before trial. During this stage, both parties attempt to reach a mutually agreeable resolution to avoid the time, expense, and uncertainty of going to trial. Settlement negotiations may involve mediation or direct discussions between the parties' attorneys. At James Wood Law, we’ve secured over 150 medical malpractice settlements for clients, and know how to effectively advocate for out-of-court recoveries. 
5. Trial: If settlement negotiations are unsuccessful, the case may proceed to trial, where evidence will be presented before a judge or jury. Both sides will have the opportunity to present their arguments, call witnesses, and cross-examine the opposing party's evidence. The judge or jury will ultimately decide the outcome of the case. As a firm with proven trial experience and more than 50 verdicts, we know how to prepare for trial and present the strongest possible case.

Do I Need a Lawyer to File a Birth Injury Lawsuit in El Paso?

While it is possible to file a birth injury claim without legal representation, having an experienced birth injury lawyer is arguably invaluable. 

As some of the most complex types of personal injury cases, birth injury claims are filled with legal and medical nuances most laymen do not understand, and with processes most people find foreign. Additionally, the medical malpractice insurance companies and medical institutions that defend against these claims do so with immense financial and legal backing, making it hard for folks representing themselves to fight back.

Having a lawyer by your side can help you navigate these challenges and put yourself in a better position to secure a positive outcome. 

What Is The Statute of Limitations for Birth Injury Lawsuits in Texas?

In Texas, the statute of limitations for birth injury lawsuits is generally two years from the date of the injury or from the date the injury was discovered or should have been discovered through reasonable diligence. However, there are some exceptions and nuances to this rule that may extend or shorten the time limit for filing a claim.

In injury cases involving minors, for example, the statute of limitations is typically tolled (paused) until the child reaches the age of 18. Once the child turns 18, they have two years to file a lawsuit on their own behalf, regardless of when the injury occurred.

Failing to file a birth injury lawsuit within the applicable statute of limitations can result in losing the right to seek compensation. Therefore, it's essential to consult with an experienced birth injury lawyer as soon as possible to ensure your legal rights are protected.

Recoverable Compensation in Birth Injury Lawsuits in El Paso, Texas

Birth injury victims in Texas may be entitled to compensation for: