The birth of a child is often one of the most meaningful moments in a family’s life. For some parents in El Paso, Texas, that moment is overshadowed by birth trauma linked to medical negligence. When errors occur during the delivery process, children may face lifelong challenges, and parents are left seeking answers.
These cases are not only about the medical expenses a family may face. They often involve long-term medical bills, therapies, and developmental delays that require ongoing care. The Birth Injury Lawyers Group focuses only on birth injury cases, providing in-depth knowledge and guidance in this specific area of law.
Understanding Birth Injuries under Texas Law
In Texas, parents may file a personal injury claim if healthcare professionals fail to meet their duty of care during childbirth. These claims may qualify as medical malpractice if they involve OB-GYNs, delivery nurses, or hospital staff whose actions or omissions caused harm.
Such conditions may stem from improper use of forceps, vacuum extractors, or labor-inducing medications like Pitocin and Cytotec, or failure to respond to warning signs like abnormal fetal heart rate or irregular vital signs.
In these cases, medical records, witness testimony, and hospital documentation are vital forms of evidence. Parents must act within the statute of limitations to file a birth injury lawsuit and pursue damages for medical expenses, pain and suffering, and long-term care needs.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Types of Birth Injury Lawyers in El Paso, Texas
Not all birth injury cases are the same. Different injuries may call for attorneys familiar with specific medical and legal issues. Families in El Paso County and nearby West Texas counties often turn to different types of birth injury lawyers, depending on the diagnosis. Our team includes:
- El Paso Cerebral Palsy Lawyers: These lawyers focus on cases involving oxygen deprivation, brain injuries, or hypoxic-ischemic encephalopathy during delivery. They often review how OB-GYNs and healthcare professionals responded to fetal distress, low APGAR scores, or abnormal vital signs.
- El Paso Erb’s Palsy Lawyers: Erb’s palsy and brachial plexus injuries usually result from a difficult delivery process, especially when shoulder dystocia occurs. A lawyer in this area evaluates how the medical team handled the emergency, including whether they used excessive force or delayed performing a Cesarean Section.
- El Paso Hypoxic-Ischemic Encephalopathy Lawyers: These lawyers represent families where oxygen loss during birth caused permanent harm. They assess how labor was managed, whether warning signs of hypoxia were missed, and whether earlier interventions could have prevented damage.
- El Paso Umbilical Cord Injury Lawyers: These cases involve umbilical cord prolapse, entrapment, or compression that can interrupt oxygen flow to the baby. When such emergencies are not quickly recognized, they may cause brain damage, cerebral palsy, or developmental delays.
Understanding the type of birth injury attorney best suited for a case can help parents ensure they are pursuing claims that align with their child’s medical condition and future needs.
El Paso Birth Injury Lawyer Near Me (800) 222-9529
Steps for Filing a Birth Injury Lawsuit
Parents considering a lawsuit in El Paso often want to know what steps the process involves. While each case is unique, there are four key stages in most birth injury claims.
Consultation
Families meet with an attorney to review the situation, discuss the injury, and receive initial legal advice. Questions may include the timeline of the delivery, the role of healthcare professionals, and possible fault.
In many cases, the consultation also involves reviewing the child’s medical records, understanding the impact of medical expenses, and determining whether the claim fits within the proper statute of limitations. This first meeting provides families with direction and reassurance about their options.
Investigation and Filing
The lawyer collects medical records, witness statements, APGAR scores, and fetal heart rate tracings to build the foundation of the claim. Additional evidential support may come from consulting medical experts or examining whether Cesarean Section procedures were performed on time.
Settlement Negotiations
Many cases involve discussions with the insurance adjuster aimed at reaching a settlement. During this stage, the attorney argues for coverage of medical bills, therapies, property damage, or pain and suffering.
If the insurance company does not offer fair compensation, the lawyer prepares the family for a possible trial. Negotiations often continue throughout the process, with both sides weighing the risks and benefits of litigation.
Trial
If a settlement cannot be reached, trial attorneys present the case before a judge or jury. This involves presenting witnesses, medical experts, and evidential support to show that negligence caused the child’s injury.
At trial, the court may award damages, punitive damages, or other forms of compensation. While the process can be lengthy, it gives families the chance to seek accountability and justice in a public forum.
Through these steps, families may also find support from organizations such as Texas Parent 2 Parent, March of Dimes, and SPEDTex, which offer guidance for children facing developmental delays or individualized educational plans.
"We know first-hand what you are going through."
Consult a Birth Injury Lawyer at No Cost Today
For families in El Paso and nearby counties like Hudspeth, Reeves, Presidio, Doña Ana, and Otero, speaking with a birth injury lawyer can provide clarity on rights and options. A legal professional can explain how personal injury laws, malpractice claims, and insurance coverage apply to your child’s situation.
Parents deserve answers when birth trauma, medical malpractice, or negligent actions during the delivery process change a child’s life. The Birth Injury Lawyers Group can help them pursue justice and compensation while focusing on their child’s healing. Get in touch with us today.
"We are committed to helping families who have suffered medical negligence."