A birth injury can change the course of a child’s life and place an enormous emotional and financial burden on a family. When complications during pregnancy, labor, or delivery are not properly managed, serious and often preventable injuries can occur.

At Girards Law, we represent families across Texas, Oklahoma & Arkansas whose children have suffered catastrophic birth injuries due to medical negligence. These cases require a careful investigation into what happened during delivery and whether proper medical care could have prevented the injury.

What Is a Birth Injury

A birth injury refers to harm suffered by a baby before, during, or shortly after delivery. Some injuries are unavoidable, but others occur when healthcare providers fail to follow accepted medical standards.

Birth injuries may involve:

  • Brain damage due to oxygen deprivation
  • Nerve injuries affecting movement
  • Fractures or physical trauma
  • Spinal cord injuries
  • Developmental and neurological disorders

Understanding the cause of the injury is critical in determining whether negligence occurred.

Common Types of Birth Injury Cases

We handle a wide range of serious birth injury cases, including:

  • Hypoxic-ischemic encephalopathy (HIE)
  • Cerebral palsy
  • Delayed or improper cesarean section
  • Brachial plexus injuries (Erb’s palsy)
  • Forceps or vacuum extraction injuries
  • Failure to recognize fetal distress

Each of these conditions may be linked to failures in monitoring or timely intervention.

How Medical Negligence Causes Birth Injuries

Birth injuries often occur when healthcare providers fail to respond appropriately to complications during labor and delivery.

Examples of negligence include:

  • Failure to monitor fetal heart rate
  • Failure to recognize signs of oxygen deprivation
  • Delayed emergency delivery
  • Improper use of delivery tools
  • Failure to respond to complications

When providers fail to act in time, the consequences can be permanent.

Hypoxic-Ischemic Encephalopathy (HIE) and Brain Injury

One of the most serious birth injuries is hypoxic-ischemic encephalopathy (HIE), which occurs when the baby’s brain does not receive enough oxygen.

HIE can lead to:

  • Permanent brain damage
  • Developmental delays
  • Cerebral palsy

👉 (Link to your HIE page)

Cerebral Palsy and Long-Term Impact

Cerebral palsy is often associated with birth-related brain injury and can affect:

  • Movement and coordination
  • Muscle control
  • Cognitive development

These cases often involve lifelong care needs.

👉 (Link to your Cerebral Palsy page)

How Birth Injury Cases Are Investigated

Determining whether a birth injury resulted from negligence requires a detailed investigation, which may include:

  • Reviewing prenatal and delivery records
  • Analyzing fetal monitoring data
  • Evaluating timing of medical decisions
  • Consulting medical experts

The goal is to determine whether proper care would have prevented the injury.

Who Can Be Held Liable

Liability in birth injury cases may involve:

  • Obstetricians and physicians
  • Nurses and delivery staff
  • Hospitals and medical facilities
  • Other healthcare providers involved in care

Hospitals may also be responsible for systemic failures.

The Long-Term Impact of Birth Injuries

Birth injuries can affect every aspect of a child’s life, including:

  • Physical development
  • Cognitive ability
  • Education and independence
  • Need for long-term medical care

Families often face significant financial and emotional challenges.

What Compensation May Be Available

Families may be entitled to compensation for:

  • Medical care and future treatment
  • Therapy and rehabilitation
  • Specialized equipment
  • Long-term care needs
  • Pain and suffering

Because these cases often involve lifelong care, damages can be substantial.

How Long Do You Have to File a Birth Injury Claim in Texas

Birth injury claims are subject to legal deadlines under Texas law. These deadlines may vary depending on the circumstances, including the age of the child and when the injury was discovered.

Because these deadlines are strictly enforced, it is important to act promptly.

Why Birth Injury Cases Are Complex

These cases often involve:

  • Detailed medical timelines
  • Multiple healthcare providers
  • Complex expert testimony
  • Long-term care planning

A structured approach is essential.

Why Choose Girards Law Firm

At Girards Law, we focus on catastrophic birth injury cases and are committed to:

  • Thorough investigation of medical care
  • Collaboration with medical experts
  • Strategic case development
  • Clear communication with families

We handle serious cases and are dedicated to helping families pursue accountability and meaningful recovery. 

Related Birth Injury and Medical Malpractice Cases

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Frequently Asked Questions About Birth Injury Cases

How do I know if my child’s injury was preventable?

A detailed review of medical records and expert analysis is typically required.

Are all birth injuries caused by malpractice?

No. However, many serious injuries result from preventable medical errors.

What is my case worth?

The value depends on the severity of the injury and long-term care needs.

Speak With a Texas Birth Injury Lawyer

If your child has suffered a serious birth injury, it is important to understand your legal options as soon as possible.

Contact Girards Law to discuss your case and determine the next steps.

📞 Call today at 833-5GIRARDS
📩 Or submit a confidential consultation request at our Contact Page