In the wake of a birth injury, families often find themselves grappling with medical bills, ongoing care expenses, and the profound emotional toll of seeing their child suffer. Whether it's cerebral palsy, Erb's palsy, brain damage, or any other birth-related injury, you deserve answers. A proven attorney can help you with legal support as you seek fair compensation.
At Pierce Skrabanek, we’ve spent over 30 years helping families in Houston deal with the heartbreak of birth injuries. Our team truly understands how tough this time can be, and we’re here to guide you every step of the way. From looking into what caused the injury to ensuring those responsible are held accountable, we’re committed to fighting for the justice and compensation you and your family deserve.
Don't face this journey alone. With an experienced Houston birth injury lawyer by your side, you can access funds that provide the dignified future your child deserves. With our firm, your rights and the well-being of your child are fiercely protected.
If you're ready to take action, reach out to us online or by calling (832) 690-7000 for a 100% free consultation to explore your options. Your journey toward healing and justice starts here.
“Paul Skrabanek of the law firm Pierce & Skrabanek was very professional and went above & beyond in handling my daughter's case. Very dedicated, worked diligently, and got justice for my family. If I could give a higher rating than 5 stars I would. Thank you and your firm for such tenacity.”
- Gabriela C. | Client
When Can a Birth Injury Lawyer in Houston Help Me?
The birth of your child should be a cherished and exciting time, but sometimes this occasion can become memorable for all of the wrong reasons.
Childbirth is a complicated process with many moving parts, but we trust that medical professionals will see us through, providing the care and attention needed to ensure a safe and healthy delivery for both mother and baby. Sadly, medical errors can happen that can cause children to struggle with lifelong health complications. The silver lining is that if a birth injury was caused by medical malpractice or negligence, families may be able to pursue legal action to seek compensation.
Examples of medical errors that could lead to a birth injury include:
- Failure to recognize or respond to fetal distress, where the baby is suffering from a lack of oxygen.
- Misusing forceps, which is a device used to guide the baby’s head through the birth canal. However, applying too much pressure to the baby’s skull can result in brain or nerve damage.
- Similar to forceps, applying too much pressure during vacuum delivery can also cause brain damage.
- Waiting too long to perform a cesarean section or delaying the delivery.
- Failing to treat bacterial or viral infections in the mother can then be passed to the infant.
- Prescribing incorrect medication or giving an incorrect dosage. Medications such as Paxil, Celexa, Zoloft, and Zofran have been linked to birth defects in children, and some doctors even took payment from drug companies to prescribe these drugs for off-label purposes.
- Failing to monitor the mother or provide proper prenatal care.
Unfortunately, a lapse in judgment or missing a critical moment can have lifelong consequences. A failure to make a decision at the right time, whether it be addressing fetal distress, acting on signs of complications, or choosing the proper delivery method in time, can cost a baby and their family a lifetime of pain, medical challenges, and emotional distress.
These mistakes extend far beyond the delivery room, forever impacting the child’s quality of life, which is why it’s important to hold those responsible accountable.
Elements in a Houston Birth Injury Lawsuit
If you believe medical malpractice is to blame for your child’s birth injury, then you may be eligible to take legal action to recover the financial support you need to move forward. However, in order to bring forward a successful claim, you must be able to prove the following elements:
- Duty of Care: This means the medical professional had a responsibility to you and your child to provide proper care as any other reasonable and similarly trained medical professional would in that situation. For example, a doctor has an obligation to monitor your baby’s heart rate and oxygen levels to check for signs of distress.
- Breach of Duty: A breach happens when the medical professional fails to meet the standard of care that they owe. This could be due to a mistake or failure to act. Your doctor would breach their duty of care if they ignored signs of fetal distress.
- Causation: There must be a direct link between the breach of care and the birth injury. In other words, the medical error must have caused the harm. If the doctor’s failure to recognize fetal distress led to oxygen deprivation, causing your baby to develop cerebral palsy.
- Damages: You must show that the birth injury has caused harm, which can include physical, emotional, or financial damage.
Medical malpractice claims, specifically ones involving birth injuries, can be incredibly difficult. The hospital’s legal team may try to downplay their role in your child’s birth injury and the severity of the injury, or try to claim the birth injury was unavoidable.
However, a birth injury attorney in Houston can strengthen your case by collecting medical records, witness statements, and expert opinions to fortify your case against the hospital and medical professionals involved. They can help prove that the injury was preventable and that negligence or poor decision-making played a key role. With the right legal team on your side, you can challenge attempts to downplay the situation and make sure your case is fully heard.
What Health Conditions May Be Covered in a Houston Birth Injury Lawsuit?
Birth injuries due to medical malpractice can lead to a range of conditions, some of which may have long-term or lifelong implications for the child. These conditions require financial support that a claim or lawsuit can address.
Some common conditions caused by birth injuries include:
- Cerebral Palsy: This is a group of neurological disorders that affect movement, coordination, and muscle tone. Cerebral palsy can result from brain damage or abnormal brain development during birth.
- Erb's Palsy (Brachial Plexus Injury): Erb's palsy occurs when the brachial plexus, a network of nerves near the shoulder, is damaged during childbirth. It can lead to weakness or paralysis in the arm and shoulder.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury caused by oxygen deprivation and reduced blood flow to the brain during birth. It can result in cognitive impairments, developmental delays, and motor dysfunction.
- Spinal Cord Injuries: Spinal cord injuries during birth can lead to paralysis, loss of sensation, and impaired motor function below the level of injury.
- Seizure Disorders: Some birth injuries, particularly those involving brain damage or oxygen deprivation, can increase the risk of seizure disorders such as epilepsy.
It's important to note that each birth injury case is unique. The specific conditions and complications experienced by the child will depend on various factors, including timely medical intervention and ongoing care and rehabilitation. Prompt diagnosis, treatment, and early intervention can significantly improve outcomes for children with birth injuries.
Every hour in the U.S., about three babies are born with birth injuries. That means roughly 7 out of every 1,000 babies born experience some kind of injury during birth. In 2023, there were 387,945 live births in Texas. That means, based on the current rates, about 2,715 babies in the state experienced a birth injury that year.
What Compensation Can a Houston Birth Injury Attorney Help Me Recover?
The compensation available in a birth injury lawsuit can vary depending on the circumstances of the case, the severity of the injury, and your family’s personal needs.
Here are general types of compensation that may be pursued in a birth injury lawsuit:
- Medical Expenses: This includes past, current, and future medical expenses related to the birth injury, such as hospital bills, doctor visits, surgeries, medications, therapy, and assistive devices.
- Rehabilitation Costs: In cases where the child requires rehabilitation services, such as physical therapy, occupational therapy, or speech therapy, the cost of these services may be included in the compensation.
- Pain and Suffering: Compensation may be awarded for the physical pain and emotional suffering endured by the child as a result of the birth injury.
- Lost Earning Capacity: If the birth injury affects the child's ability to work and earn income in the future, compensation may be awarded to account for the lost earning capacity.
- Caregiver and Special Education Expenses: In cases where the child requires ongoing care and assistance with daily activities, compensation may be awarded to cover the cost of hiring caregivers or family members who provide care. If the child requires special education services or accommodations as a result of the birth injury, the cost of these services may be included in the compensation.
The lifetime costs of caring for a child with a birth injury can reach millions of dollars. That’s why it’s important to speak with an experienced Houston birth injury lawyer to understand the full scope of compensation you may be entitled to here in Texas.
Our attorneys at Pierce Skrabanek can evaluate the specifics of your case, gather evidence, and advocate on your behalf to pursue the maximum compensation available for your child's injuries and losses. Get in touch with our team today online or by calling (832) 690-7000 to find out how we can support you.
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