When a birth injury occurs due to a doctor’s negligence, nurse’s error, or hospital failure, the consequences can be permanent and life-altering. Cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries can require a lifetime of medical care. John K. Zaid & Associates represents Houston families whose children suffered preventable birth injuries — holding hospitals, OBs, and medical staff accountable under Texas law. We charge no fee unless we win.
What Is a Birth Injury?
A birth injury is physical harm sustained by a newborn during pregnancy, labor, or delivery that results from medical negligence — not normal birth risk. Birth injuries are distinct from birth defects, which typically result from genetic or developmental factors. When a birth injury is caused by a deviation from the standard of care, the medical providers involved may be held liable under the Texas Medical Liability Act (TMLA), Texas Civil Practice & Remedies Code Chapter 74.
Common Types of Birth Injuries Caused by Medical Negligence
Cerebral Palsy
Cerebral palsy (CP) is a group of permanent movement and motor skill disorders caused by damage to the developing brain, often during or around the time of birth. Causes linked to medical negligence include failure to monitor fetal heart rate, delayed C-section decisions, improper use of forceps or vacuum extractors, and hypoxia (oxygen deprivation) during delivery. CP requires lifelong therapy and care, and damages in these cases can reach into the millions.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE occurs when the baby’s brain is deprived of oxygen and blood flow during labor or delivery. It can result from umbilical cord compression, placental abruption, uterine rupture, or prolonged labor without appropriate intervention. HIE can cause permanent brain damage, developmental delays, seizure disorders, and cerebral palsy. Prompt identification and cooling therapy (therapeutic hypothermia) can reduce brain damage — failure to administer it may itself be negligent.
Erb’s Palsy and Brachial Plexus Injuries
Erb’s palsy results from stretching or tearing of the brachial plexus nerves during delivery — often due to excessive lateral traction on the baby’s head during a difficult delivery. This can cause weakness, paralysis, or permanent loss of feeling in one arm. Shoulder dystocia (when the baby’s shoulder becomes caught behind the mother’s pubic bone) is a common precursor. Improper delivery technique — particularly excessive downward traction — is a recognized cause of preventable brachial plexus injury.
Neonatal Brain Damage
Brain injuries at birth can result from uncontrolled maternal infections (Group B strep, chorioamnionitis), untreated jaundice leading to kernicterus, meningitis, and intraventricular hemorrhage (IVH). Medical negligence may include failure to diagnose and treat infections, failure to monitor bilirubin levels, or failure to perform timely C-sections when fetal distress is detected.
Spinal Cord Injuries
Birth-related spinal cord injuries can occur from excessive force, improper use of delivery instruments, or stretching of the baby’s neck during extraction. These injuries can cause paralysis, loss of bladder and bowel control, and other permanent impairments.
Fractures and Bone Injuries
Clavicle (collarbone) fractures are among the most common birth injuries and are often associated with shoulder dystocia or difficult deliveries. Skull fractures can result from improper forceps application. While many fractures heal, they can signal excessive force during delivery — and accompanying nerve injuries may be more serious.
Common Causes of Preventable Birth Injuries
Birth injuries that result from medical negligence often share one or more of these root causes:
- Failure to adequately monitor fetal heart rate (failure to recognize signs of fetal distress)
- Delayed decision to perform an emergency C-section
- Improper use of forceps or vacuum extractor
- Excessive traction during delivery, particularly during shoulder dystocia
- Failure to diagnose and treat maternal infections
- Medication errors — including improper use of Pitocin (oxytocin) to induce or accelerate labor
- Failure to obtain informed consent before risky delivery procedures
- Inadequate NICU staffing or equipment for high-risk deliveries
Texas Medical Malpractice Requirements for Birth Injury Cases
Birth injury cases in Texas are governed by the Texas Medical Liability Act (TMLA), Chapter 74 of the Texas Civil Practice & Remedies Code. Key requirements include:
- Pre-suit notice (§74.051): You must serve written notice of a health care liability claim on each defendant at least 60 days before filing suit, accompanied by a medical authorization.
- Expert report (§74.351): Within 120 days of filing suit, you must serve each defendant with a Chapter 74 expert report from a qualified physician or health care provider, setting forth the applicable standard of care, how it was breached, and how the breach caused the injury.
- Damage caps: Non-economic damages (pain and suffering, mental anguish) are capped at $250,000 per physician and $250,000 per healthcare institution under §74.301. Economic damages — including future medical care, lost earning capacity, and rehabilitation — are not capped and can be substantial in birth injury cases.
Statute of Limitations for Birth Injury Claims in Texas
Under Texas Civil Practice & Remedies Code §74.251, the general medical malpractice limitations period is 2 years from the date of the negligent act, with a 10-year statute of repose. However, for minors, the limitations period does not begin to run until the minor turns 12, meaning claims can often be brought until the child turns 14. The discovery rule may also apply in some cases where the injury was not immediately apparent. Given the complexity of these rules, contacting an attorney promptly is essential.
Compensation in Texas Birth Injury Cases
Birth injury damages can be substantial, particularly when a child faces a lifetime of medical care, therapy, and educational support. Compensation may include:
- Past and future medical expenses — NICU care, surgeries, physical therapy, occupational therapy, speech therapy, assistive devices
- Cost of future home health aides and attendant care
- Special education and developmental support
- Lost future earning capacity of the child
- Pain and suffering and mental anguish
- Loss of parental consortium (in some circumstances)
- Punitive damages (§41.003) in cases of intentional or grossly negligent conduct
Frequently Asked Questions
How do I know if my child’s birth injury was caused by medical negligence?
A qualified birth injury attorney will review all prenatal records, labor and delivery notes, fetal heart rate strips, and NICU records. If the records show deviations from standard care — such as failure to perform an emergency C-section, excessive force during delivery, or untreated infection — a medical expert will evaluate whether that deviation caused your child’s injury.
My child was diagnosed with cerebral palsy at age 2. Is it too late to sue?
Not necessarily. Texas provides extended limitations periods for minors under Chapter 74, and the discovery rule may apply when the connection between the birth and the injury was not immediately apparent. Contact an attorney promptly to evaluate whether your claim is still viable.
The hospital told me birth injuries are a normal risk of childbirth. Is that true?
Some injuries occur despite optimal care. But many birth injuries — particularly those caused by delayed C-sections, excessive force, or medication errors — are preventable. Hospitals and doctors have an incentive to attribute injuries to “normal risk.” An independent review of your records by a birth injury attorney and qualified medical expert will determine whether negligence played a role.
What does it cost to hire a birth injury attorney?
John K. Zaid & Associates handles birth injury cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for your child. We also advance the costs of expert witnesses and medical record review, which are repaid only from the recovery.
Contact a Houston Birth Injury Lawyer Today
If your child suffered a preventable birth injury at a Houston-area hospital — including Memorial Hermann, Houston Methodist, Texas Children’s, HCA Houston Healthcare, or any other facility — John K. Zaid & Associates can help. Our birth injury attorneys understand the TMLA’s complex expert report requirements and work with top medical experts to build your case. Call (281) 333-8959 for a free consultation. No fee unless we win.