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): Generally by the 120th day after each defendant files an original answer, subject to applicable extensions, 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 limits: Section 74.301 generally limits non-economic damages to $250,000 per claimant collectively for physicians and non-institutional healthcare providers, plus $250,000 for each healthcare institution with a $500,000 combined institutional limit. Those limits do not cap economic losses; other provisions, including Section 74.303 in wrongful death or survival cases, may affect recovery. See Chapter 74.

Statute of Limitations for Birth Injury Claims in Texas

Section 74.251 generally provides a two-year medical-liability limitations period and a ten-year statute of repose. For children under age 12, its text allows filing until the 14th birthday. Constitutional issues, tolling, and other legal rules can affect an individual claim; an attorney should review the records and deadlines promptly.

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?

A diagnosis at age two does not by itself determine whether a claim is timely. Birth-injury deadlines depend on the events, treatment, parties, and applicable legal rules. Have an attorney review the records promptly.

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.