Birth injuries can leave devastating impacts on both the injured baby and their families. But there may be compensation available that can help alleviate the financial, emotional, and physical burden that victims and their loved ones carry.
A birth injury lawyer in McKinney can help you assess what legal options you have and handle the complex work involved in pursuing a claim.
At Birth Injury Lawyers Group, we’ve helped recover $750+ Million for families, and our mission is to get answers for families affected by birth injuries. Reach out to our firm to get a free consultation with a Texas birth injury lawyer from our experienced, compassionate, and knowledgeable team.
What Is a Birth Injury?
A birth injury is any harm that a baby suffers before, during, or after being delivered. There can be a few causes for this, including pregnancy or labor complications; however, medical negligence may also cause physical harm.
When trying to understand what a birth injury is, it’ll be helpful to understand the difference between this and a birth defect, as they are often compared or mistaken for one another, but are different.
A birth defect is more related to genetic factors, while a birth injury is related to more external factors. However, there are some gray areas; for example, cerebral palsy can be genetic, but it can also be caused by an injury. There will need to be evidence for either case.
Common causes of birth injuries include failure of healthcare providers to monitor and identify distress that a baby or mother may be experiencing, negligent care during pregnancy, improper use of delivery tools, delays in necessary care, and oxygen deprivation during and after delivery. While not all birth injuries are preventable, many occur due to avoidable mistakes.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Common Types of Birth Injuries
Here are some of the most common types of birth injuries that can occur:
Cerebral Palsy
Cerebral palsy is one of the most serious birth injuries and is often caused by a lack of oxygen to the baby’s brain during delivery. It can affect movement, coordination, and muscle tone.
Brachial Plexus Injuries (Erb’s Palsy)
This specific type of birth injury can occur if a baby’s nerves in the upper body, particularly arms or shoulders, are injured during delivery. In some cases, children recover fully, but severe injuries can result in permanent weakness.
Brain Injuries
Brain injuries can happen when a baby doesn’t receive enough oxygen, has internal bleeding, or has any other type of head trauma, before, after, or during delivery. These injuries can have devastating impacts, including delayed development and long-term physical and cognitive limitations.
Fractures and Physical Trauma
Difficult or improperly managed deliveries can result in broken bones, especially the collarbone, as well as other physical injuries.
McKinney Birth Injury Lawyer Near Me (800) 222-9529
When Is a Doctor or Hospital Liable?
It’s extremely important to understand that not every birth injury will mean that there was negligence; there are many cases that can point to that cause. Medical negligence can be defined as when a healthcare provider fails to meet the standard accepted for care.
In birth injury cases specifically, this might include failing to monitor the baby’s vital signs, not responding to signs of fetal distress, misusing medical tools, or delaying a necessary C-section.
Proving medical negligence and liability requires a thorough review of medical records and often the input of expert witnesses, all of which an experienced birth injury lawyer in McKinney can take care of for you.
"We know first-hand what you are going through."
How a McKinney Birth Injury Attorney Can Help
A McKinney birth injury attorney can be an essential party who helps provide guidance, support, and facilitates the necessary steps to get your claim going. From beginning to end, they can help. Here are some of the things they can take care of for you:
Investigate Medical Records
A lawyer from our firm who has experience with these cases knows exactly what to look for within medical records, saving you time and effort.
Work With Medical Experts
To prove liability for these cases, medical experts are usually consulted, and a lawyer can do the work of communication and handle their role for your case.
Negotiate and Communicate With Insurance Companies
Insurance companies can be extremely tough to even get in touch with. A lawyer can handle communication and negotiations with them on your behalf.
Calculate Short and Long-term Costs
If you’ve never had to face a birth injury or any medical claim before, it may be challenging to gauge exactly what costs you may be facing right away or long term. This is where having a lawyer experienced in birth injuries can be essential. They’ll understand the financial impact that these cases can have immediately and in the future, and ensure that those costs are represented in your claim.
Support and Guidance
Going forward with a claim for something as serious as this is not easy, but our firm is here with compassion, truly caring for the outcome of your case. We can provide guidance and support throughout the process.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
What Compensation Is Available in Birth Injury Cases?
Families of the injured child and the child themselves, as they get older, may have rights to the following types of compensation:
- Medical expenses (immediate, past, and future)
- Rehabilitation and therapy
- Pain and suffering
- Emotional trauma
- Loss of future earning capacity.
- Special education or lifelong care.
Each case is unique, and the only way to know exactly what compensation may be available is to consult with a birth injury firm. Our firm offers free case evaluations, so don’t hesitate to reach out to us.
Texas Laws and Time Limits for Birth Injury Claims
While for most personal injury cases in the state of Texas, there is a statute of limitations of two years from the date of the injury, there are exceptions for cases like birth injuries, where the victim is a minor.
In these cases, you may have until the child’s 14th birthday, so you may have options even if it’s been longer than that two-year mark.
However, it’s still critical that you act quickly; these cases can take time, especially when you want to ensure that you have a strong case, and delaying action could make it harder to gather evidence or protect your legal rights.
What to Look for in a Birth Injury Lawyer in McKinney
The firm you decide to go with can make a huge difference in your case. Here are some of the things to pay attention to before choosing legal representation:
- Experience with medical malpractice cases.
- Proven results/case history
- Access to medical experts
- Strong client communication
- Local knowledge of McKinney courts
Birth Injury Lawyers Group has all of these qualities and is ready to help you pursue the compensation your family deserves, based on the details of your case, while guiding you through every step of the legal process.
Speak With a Birth Injury Law Firm in McKinney Today
Dealing with the aftermath of a birth injury can be emotional, stressful, and overwhelming. The last thing on your mind may be the legal process, even if you know your family deserves answers, accountability, and financial support.
That’s where our experienced team can help. We are a nationwide network of attorneys who focus specifically on birth injury cases, and we’re here to guide you every step of the way.
Our attorneys can review your case, gather critical evidence, and work with medical experts to determine what went wrong.
Most importantly, we fight to secure the compensation your family may need for long–term care, treatment, and support. Reach out to us for a free consultation today.
"We are committed to helping families who have suffered medical negligence."