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Houston, Tx Birth Injury Lawyer Near You
When the joy of welcoming a newborn is overshadowed by a birth injury, you need a trusted legal team by your side. At Orange Law, we are committed to fighting for families affected by medical negligence during childbirth. If your child has suffered a birth injury in Houston, TX, our experienced birth injury lawyers are here to help you seek justice and fair compensation.
How Orange Law Personal Injury Lawyers Can Help After an Accident in Houston, TX
Free Consultation & Case Evaluation
Orange Law offers a free consultation to assess your case. Their legal team will review the details, determine liability, and advise you on the best course of action.
Comprehensive Legal Representation
From car accidents to workplace injuries, Orange Law handles a variety of personal injury claims, including:
Car, Truck, & Motorcycle Accidents
Slip & Fall Injuries
Workplace & Construction Site Accidents
Medical Malpractice & Wrongful Death Cases
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts. Orange Law’s experienced attorneys negotiate aggressively on your behalf to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering.
No Upfront Fees – Contingency-Based Representation
They work on a contingency fee basis, meaning you don’t pay unless they win your case. This ensures access to top-tier legal representation without financial stress.
Maximizing Compensation
Their legal team fights for the maximum settlement, covering:
- Medical bills (current and future)
- Rehabilitation costs
- Lost wages and reduced earning capacity
- Emotional distress and pain and suffering
Litigation & Court Representation
If negotiations don’t lead to a fair settlement, Orange Law is prepared to take your case to court and advocate for your rights before a judge and jury.
Guidance Throughout the Legal Process
They keep you informed every step of the way, ensuring that you understand your legal options and rights.
If you or a loved one has suffered an injury due to someone else’s negligence in Houston, TX, Orange Law Personal Injury Lawyers can provide the support and legal expertise needed to pursue justice. Contact them today for a free case evaluation.
Legal Rights of Parents in Birth Injury Cases
When a birth injury occurs due to medical negligence or malpractice, parents have legal rights to seek justice and compensation for their child’s suffering. Understanding these rights can help families navigate the legal system and hold responsible parties accountable.
Right to File a Medical Malpractice Claim
Parents have the legal right to file a medical malpractice lawsuit if a doctor, nurse, or healthcare provider’s negligence caused the birth injury. This may include errors such as:
Improper use of forceps or vacuum extractors
Delayed or improper C-section
Failure to monitor fetal distress
Medication errors during labor and delivery
Right to Seek Compensation for Damages
Families can pursue compensation for damages, including:
- Medical expenses (past, present, and future)
- Rehabilitation and therapy costs
- Pain and suffering of the child and parents
- Loss of quality of life
- Special education and lifelong care needs
Right to Hold Healthcare Providers Accountable
Hospitals, obstetricians, nurses, and other medical professionals can be held legally responsible for birth injuries if they fail to meet the standard of care. An attorney can help gather medical records, consult with experts, and build a strong case.
Right to Legal Representation
Parents have the right to hire a birth injury attorney to handle their case. Experienced lawyers specializing in birth injury cases can guide families through the legal process, ensuring they receive fair compensation. Many attorneys work on a contingency fee basis, meaning no upfront costs are required.
Right to Pursue Justice Within the Statute of Limitations
Each state has a time limit, known as the statute of limitations, within which parents must file a birth injury lawsuit. It’s crucial to take legal action as soon as possible to protect your rights and maximize your chances of a successful claim.
If you suspect that your child’s birth injury was caused by medical negligence, consulting with a birth injury attorney can help you understand your legal options and fight for the justice your family deserves.
Examples of Birth Injuries
Birth injuries can occur due to complications during labor and delivery, often resulting from medical negligence or difficult births. Here are some common types of birth injuries:
Cerebral Palsy (CP)
A neurological disorder caused by brain damage during or shortly after birth. It can result from oxygen deprivation, infections, or medical errors. CP affects muscle control, movement, and coordination.
Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy)
Damage to the brachial plexus nerves, which control the arm and hand, often caused by excessive force during delivery.
- Erb’s Palsy: Affects upper arm movement.
- Klumpke’s Palsy: Affects the lower arm and hand, sometimes causing paralysis.
Hypoxic-Ischemic Encephalopathy (HIE)
A severe brain injury caused by oxygen deprivation and reduced blood flow during birth. HIE can lead to developmental delays, seizures, and permanent disabilities.
Fractures (Clavicle or Skull)
Difficult deliveries, especially with breech births or the use of forceps, can cause bone fractures. The clavicle (collarbone) is the most commonly broken bone during birth.
Intracranial Hemorrhage (Brain Bleeding)
Bleeding in the brain due to trauma during delivery, commonly caused by vacuum extraction or forceps use. It can lead to developmental and neurological issues.
Facial Nerve Damage (Facial Paralysis)
Pressure on the baby’s face during delivery, especially with forceps, can damage facial nerves, causing temporary or permanent facial paralysis.
What Compensation Can I Expect After a Birth Injury in Houston, TX?
If your child has suffered a birth injury due to medical negligence, you may be entitled to financial compensation to cover the damages. The amount varies based on the severity of the injury, long-term impact, and other factors. Here’s what you can expect in terms of compensation:
Medical Expenses
- Past, present, and future medical bills
- Surgery and hospitalization costs
- Medications and assistive devices
- Specialized treatments such as physical, occupational, and speech therapy
Rehabilitation & Long-Term Care
- Ongoing therapy for mobility and speech
- Home modifications for accessibility
- Special education and adaptive learning programs
- In-home nursing or caregiving services
Pain and Suffering
- Emotional distress for both the child and parents
- Loss of enjoyment of life due to permanent disabilities
- Psychological counseling expenses
Loss of Earning Capacity
If the birth injury leads to permanent disabilities, compensation can cover the child’s reduced ability to earn an income in the future.
Home and Lifestyle Adjustments
- Mobility aids (wheelchairs, braces, etc.)
- Vehicle modifications for transport
- Special equipment to improve quality of life
If your child has suffered a birth injury due to medical negligence in Houston, TX, it’s important to act quickly, as there are strict legal deadlines for filing a lawsuit. The statute of limitations determines how long you have to take legal action.
General Medical Malpractice Statute of Limitations in Texas
In Texas, medical malpractice cases—including birth injury claims—must typically be filed within two years from the date of the injury.
Exception for Birth Injury Cases (Minor Child Rule)
For birth injuries, special rules apply:
- Parents can file a lawsuit on behalf of their child within two years from the date they knew or should have known about the injury.
- However, Texas law allows a child to file a lawsuit before their 14th birthday, if the injury was not discovered earlier.
Wrongful Death Cases
If a birth injury tragically leads to a child’s death, parents generally have two years from the date of death to file a wrongful death claim.
Government Hospitals & Entities (Shorter Deadlines)
If the birth injury occurred at a government-owned hospital or facility (such as a county hospital), a notice of claim must often be filed within six months from the date of injury.
Statute of Limitations for Houston Birth Injury Cases
If your child has suffered a birth injury due to medical negligence in Houston, TX, it’s important to act quickly, as there are strict legal deadlines for filing a lawsuit. The statute of limitations determines how long you have to take legal action.
General Medical Malpractice Statute of Limitations in Texas
In Texas, medical malpractice cases—including birth injury claims—must typically be filed within two years from the date of the injury.
Exception for Birth Injury Cases (Minor Child Rule)
For birth injuries, special rules apply:
- Parents can file a lawsuit on behalf of their child within two years from the date they knew or should have known about the injury.
- However, Texas law allows a child to file a lawsuit before their 14th birthday, if the injury was not discovered earlier.
Wrongful Death Cases
If a birth injury tragically leads to a child’s death, parents generally have two years from the date of death to file a wrongful death claim.
Government Hospitals & Entities (Shorter Deadlines)
If the birth injury occurred at a government-owned hospital or facility (such as a county hospital), a notice of claim must often be filed within six months from the date of injury.
Contact the Houston Personal Injury Attorneys at Orange Law Personal Injury Lawyers Today
If you or a loved one has suffered a birth injury or any other personal injury in Houston, TX, Orange Law Personal Injury Lawyers is here to provide the legal help you need. Our experienced team is dedicated to fighting for your rights and ensuring that you receive the compensation you deserve. We offer free consultations and work on a contingency fee basis, meaning you pay only if we win your case. With aggressive legal representation, we’ll guide you through every step of the process and work tirelessly to secure the best possible outcome. Don’t wait—Texas has strict deadlines for filing injury claims. Contact Orange Law Personal Injury Lawyers today to get started on your case.
Frequently Asked Questions (FAQ)
What is a birth injury?
A birth injury refers to physical harm sustained by a newborn before, during, or shortly after delivery. Common birth injuries include cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), fractures, and facial paralysis, often caused by medical negligence.
What causes birth injuries?
Birth injuries can be caused by factors such as improper use of delivery tools (forceps, vacuum extractors), failure to monitor fetal distress, delayed C-sections, medication errors, or the mishandling of complications during labor.
How long do I have to file a birth injury lawsuit in Houston?
In Texas, parents typically have two years from the date of injury to file a lawsuit. However, the law allows a child to file a claim before their 14th birthday if the injury was not discovered earlier.
Can I seek compensation for a birth injury?
Yes, if your child suffers a birth injury due to medical negligence, you may be entitled to compensation for medical expenses, rehabilitation, pain and suffering, loss of quality of life, and future care needs.