Birth injuries can leave you with questions no parent should face alone. At Omondi & Associates, our attorneys help families understand what may have gone wrong medically and legally while guiding them through the next steps with care and clarity.
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Birth injuries are physical or neurological harm a baby suffers before, during, or shortly after delivery, often linked to complications like oxygen deprivation, improper use of delivery tools, or delayed medical decisions. Some injuries resolve with time, while others, such as brain injuries or nerve damage, can affect a child for life and require ongoing care.
In Texas, these cases are governed by medical malpractice law under Chapter 74 of the Texas Civil Practice and Remedies Code. Families must act within strict deadlines, often two years, though special rules apply to children. Our attorneys use medical insight and legal experience to analyze records, identify where standards of care may have been violated, and guide you through expert report requirements while pursuing the maximum possible compensation.
Steps to Take In a Birth Injury Case:
- Seek immediate medical evaluation and follow all recommended care
- Request complete prenatal, labor, delivery, and neonatal medical records
- Preserve fetal monitoring strips, imaging, lab results, and discharge summaries
- Document your child’s symptoms, diagnoses, and developmental changes
- Take photos or videos showing visible injuries or physical limitations
- Keep a detailed timeline of events before, during, and after delivery
- Save all medical bills, therapy invoices, and out-of-pocket expenses
- Identify and record the names of doctors, nurses, and staff involved
- Avoid discussing the case with insurers before understanding your rights
- Contact a birth injuries attorney to review your case
Birth Injuries FAQs
How Long Do I Have to File a Claim in Texas?
In most cases, Texas law allows two years to file a medical malpractice claim under Chapter 74 of the Texas Civil Practice and Remedies Code. However, for children, special rules may extend the deadline, often allowing claims to be filed until the child turns 14. There is also a 10-year statute of repose, which can limit claims regardless of when the injury is discovered. Because these timelines can be complex, it’s important to have your case reviewed early.
What Needs to Be Proven in a Birth Injury Case?
You generally need to show that a healthcare provider failed to meet the accepted standard of care and that this failure caused harm. In Texas, this includes providing an expert report within 120 days of filing a claim. Our attorneys carefully review medical records and evaluate where care may have fallen short using both legal experience and medically informed insight.
What Compensation May Be Available?
Compensation often depends on the severity of the injury and its long-term impact. In Texas, families may pursue:
- Economic damages: medical care, therapy, future care needs
- Non-economic damages: pain, suffering, and loss of quality of life
- Long-term care costs: specialized equipment and support services
While Texas caps certain non-economic damages in medical malpractice cases, economic damages, like lifelong care, are not capped in the same way.
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It Costs Nothing to Understand Your Options After a Birth Injury
If something doesn’t feel right about your child’s care, you deserve honest, thoughtful answers. At Omondi & Associates, our attorneys carefully review medical details that others may overlook while helping you understand your options clearly. Reach out today for a free, no-pressure conversation and request a case review for your birth injuries claim.
