Compassionate, Caring, and Client-Driven Guidance for Victims of Birth Injuries

The birthing process is extremely delicate. Both the mother and child are in a vulnerable position. While some forms of birth injuries may be unavoidable, others might be. When a mother or child suffers damages due to medical malpractice, it will probably take a birth injury lawsuit to make the family whole.

At Solar Law, J. Michael Solar has more than 40 years of experience representing injured clients through their catastrophic injuries claims and knows how to pursue the full compensation they deserve. If you want to learn more about birth injuries and whether you have a claim, he can help.

Helping Your Family Through These Challenges

J. Michael Solar is a lawyer who not only understands the law, but also how emotionally difficult birth injuries can be. He wants to help you and your family through the legal challenges of your claim and obtaining the care you or your child may require going forward. He will work closely with you to assist you in developing a complete understanding of your circumstances.

What is a Birth Injury?

A birth injury can manifest in various forms, including negligent prenatal care, delivery, and post-natal period; here are a few examples:

• Cerebral palsy: Cerebral palsy (CP) is a group of neurological disorders that permanently affect a person’s muscle coordination and body movement. It’s caused by damage to the developing brain, usually before birth, that disrupts the brain’s ability to control movement and maintain balance and posture. The term “cerebral” refers to the brain, and “palsy” refers to the loss or impairment of motor function.
• Bone Fractures: Bone fractures can occur in babies during birth, sometimes because of natural birthing practices but often due to difficult labor or medical mistakes. The clavicle is the most common bone to fracture, followed by the humerus, femur, and skull. Other bones that can fracture include the arm, wrist, leg, ankle, hip, back, and neck.
• Brain damage: Brain damage during birth can be caused by several factors, including
  • Birth asphyxia – also known as neonatal encephalopathy, occurs when a newborn doesn’t receive enough oxygen or blood flow around the time of birth. This can happen during a difficult birth or prolonged labor and is responsible for almost a quarter of neonatal deaths worldwide.
  • Neonatal hypoxic-ischemic encephalopathy (HIE) – this type of brain damage is caused by a lack of oxygen to the brain before or shortly after birth. The exact cause is often unknown, but it can be caused by problems during labor and delivery.
  • Preeclampsia – this condition affects 5–8% of pregnancies and can result in brain damage in the infant if the pregnant mother has high blood pressure and high levels of protein in her urine.
  • Forceps delivery – improper use of forceps can cause brain damage and other injuries to the newborn

• Perinatal asphyxia: also known as birth asphyxia or neonatal asphyxia, is a medical condition that can occur when an infant is deprived of oxygen during labor and delivery. This can lead to permanent brain damage, which can cause severe developmental disabilities. Medical malpractice claims may arise in cases of perinatal asphyxia if medical personnel’s negligence is a factor. Examples of negligence that may lead to perinatal asphyxia include:
  • Failure to monitor
  • Delayed intervention
  • Improper use of medical instruments
  • Medication errors
  • Inadequate informed consent
  • Inadequate prenatal care
  • Failure to respond to signs of fetal distress

• Erb’s palsy: also known as brachial plexus birth palsy, is a common neurological injury that can occur during childbirth when the brachial plexus is damaged. The brachial plexus is a network of nerves that runs from the neck to the arm, providing movement and feeling. Erb’s palsy occurs when the upper trunk of the brachial plexus, made up of cervical nerves 5 and 6, is severed
• Hypoxic-ischemic encephalopathy (HIE): Another type of brain damage that happens when the infant’s brain is doesn’t get enough oxygen and blood, which can result in permanent brain damage or death.

Medical professionals must provide appropriate care and interventions to prevent birth injuries and ensure the safety and well-being of both the mother and the baby during childbirth.

Texas’s statute of limitations for medical malpractice is typically two years. This means that individuals intending to file a medical malpractice claim must do so within these two years from the date of the negligent act, omission, or practice. There may be some limited exceptions.

The Texas Civil Practice & Remedies Code Section 74.251(a) says minors under 12 have until their 14th birthday to file a medical malpractice claim. While that may be technically correct,  waiting that long to pursue litigation could be a big mistake. Under Texas medical malpractice law, all claims for damages of the minor up to the age of 18 belong to the parents of the minor. That’s because the parents are legally responsible for caring for and supporting children up to 18.

If parents delay filing a birth injury medical malpractice lawsuit until after their child’s second birthday, they will be barred by the statute of limitations from recovering any economic (such as medical bills and expenses) or non-economic damages (including pain and suffering, physical impairment, and mental anguish) until the child reaches 18 years old. Thus, waiting that long to pursue litigation would be a profound mistake.

Don’t Delay; File Your Suit As soon As Possible Contact An Experienced Birth Injury Lawyer in Houston

If you want to know if you can sue for your birth injury or if you are ready to start your personal injury claim, contact Solar Law today. Call 713-557-2524 or send an email to schedule a free initial consultation.