BIRTH INJURY LAWYER AUSTIN TX
Birth injuries caused by obstetric negligence — cerebral palsy from oxygen deprivation, Erb's palsy from shoulder dystocia mishandling, brain damage from delayed C-section — are life-altering for children and families. These cases are among the most complex in Texas medical malpractice law. Our Austin birth injury attorneys have the medical expertise and resources to hold Austin-area hospitals and OBs fully accountable.
What We Can Do For You
Child's lifetime medical careSurgeries, therapy, assistive devices, attendant care, and specialized education over a lifetime
Child's lost earning capacityLifetime impairment of ability to work if the birth injury causes permanent disability
Parent caregiver costsCompensation for parents who must provide full-time care due to the child's condition
Modifications and equipmentHome modifications, wheelchairs, communication devices, and specialized transportation
Pain and sufferingCompensation for the child's physical pain, cognitive limitations, and reduced quality of life
Mental anguishParental grief and emotional suffering caused by watching a child suffer preventable injury
Key Information
1
Delayed C-section Decision
Failure to recognize fetal distress and order an emergency C-section in time — leading cause of hypoxic brain injury.
2
Shoulder Dystocia Mismanagement
Improper techniques during delivery of a large baby causing Erb's palsy and brachial plexus injuries.
3
Pitocin Overdose / Hyperstimulation
Excessive use of labor-inducing drugs causing uterine hyperstimulation and fetal oxygen deprivation.
4
Failure to Monitor Fetal Heart Rate
Missing signs of fetal distress on electronic fetal monitoring — a failure to act on available information.
5
Premature Infant Mismanagement
Negligent NICU care causing preventable complications in premature infants at Austin-area hospitals.
What You Should Know
Texas Chapter 74 requires an expert report within 120 days of filing — retain an attorney immediately
Birth injury cases are complex — choose attorneys with specific obstetric malpractice experience
Medical records must be obtained and reviewed by qualified OB/GYN and neonatal experts
Statute of limitations: 2 years from the injury for adults — for children, the clock may run from age 18 in some circumstances
Non-economic damages in medical malpractice are capped at $250,000 per defendant — economic damages (lifetime care) are not capped
Fetal monitoring strips, nursing notes, and hospital protocols are the most critical evidence in birth injury cases
Frequently Asked Questions
What is the most common type of birth injury in Texas?▾
Hypoxic-ischemic encephalopathy (HIE) — brain damage from oxygen deprivation during labor and delivery — and Erb's palsy from brachial plexus injury during shoulder dystocia are the most common litigated birth injuries in Texas.
What is the statute of limitations for birth injuries in Texas?▾
Adults bringing a claim for their own birth injury have 2 years from the date of injury, with a 10-year statute of repose. For children's claims brought by parents, the 2-year clock generally runs from the date of injury — contact an attorney immediately.
How do I know if my child's birth injury was caused by negligence?▾
A birth injury attorney has your records reviewed by qualified OB/GYN and neurological experts who assess whether the standard of care was met. Not every bad birth outcome is malpractice — expert evaluation determines this.
What hospitals in Austin handle high-risk deliveries?▾
Dell Seton Medical Center at UT, St. David's Medical Center, and Ascension Seton Medical Center handle high-risk obstetric cases in the Austin area. All have been subjects of birth injury litigation.
How is a birth injury settlement value calculated?▾
Economic damages (lifetime care, lost earning capacity) are calculated by life care planners and forensic economists. Non-economic damages are capped at $250,000 per defendant. Total recovery in serious birth injury cases often exceeds $5 million.
Can we sue years later if we just discovered the negligence caused our child's condition?▾
Texas's discovery rule may apply in some cases, but the statute of repose generally limits recovery to cases filed within 10 years of the injury. Contact an attorney immediately to assess your specific situation.