McAllen OBGYN Malpractice Lawyer
A McAllen OBGYN malpractice lawyer at Ley de Janicek helps victims hold negligent obstetricians, nurses, and Hidalgo County hospitals responsible when preventable medical errors during pregnancy, labor and delivery, or recovery harm a mother or the baby. Here, our medical malpractice attorneys explain when victims have valid claims, the most common forms of negligence, and how our abogados de lesiones maternas durante el parto poder ayudar.
Our McAllen medical malpractice lawyers handle these cases on a contingency fee basis, so you don’t pay unless we secure compensation for you. Call 210-366-4949 or use our contact form to schedule a free case evaluation. Hablamos español.
“They took too long to deliver him. HIE is lack of oxygen to his brain so he has really severe brain damage. Janicek Law made me feel I was in the right place. We were able to reach the settlement we fought for. I am able to stay & take care of my son & at the same time, I am able to provide financially for my daughter. Janicek Law, they were aggressive, they fought for us. I am really happy because I am able to start giving the quality of life that he needs. Janicek Law has been amazing. They are going to support you every single step of this hard & difficult time. Go, they will help you.”
When Do Families Have Legal Options For OBGYN Medical Malpractice Cases in Texas?
Families have legal options when an obstetrician, gynecologist, nurse, or medical facility deviates from the medical standard of care in Texas, and a mother or baby is preventably harmed. Under Texas law, medical malpractice claims must prove negligence using the following elements: a duty of care owed to the patient, a breach of that duty, a link between the breach and the injury, and measurable damages.
18% of medical malpractice litigation involves obstetrics. Around one in five patients reports being mistreated during maternity care. Our birth injury law firm investigates whether a bad outcome was truly unavoidable or the result of medical negligence.
Our McAllen OBGYN malpractice lawyers offer free consultations. Medical malpractice victims and families don’t pay anything unless we win. Call 210-366-4949 to speak to an experienced attorney.
McAllen Medical Malpractice Attorneys For Maternal Injuries and Wrongful Deaths Across the Rio Grande Valley
Our law firm provides legal representation for victims throughout the Rio Grande Valley. We handle medical malpractice lawsuits across Hidalgo County, including Edinburg, Mission, Pharr, San Juan, Alamo, Hidalgo, Weslaco, Donna, and Mercedes. We also serve families in Palmview, Alton, La Joya, Penitas, Palmhurst, Lopezville, and McCook. Families closer to Valley Baptist Medical Center–Harlingen can reach our Harlingen birth injury lawyers, and those in Webb County can connect with our Laredo birth injury attorneys.
To learn more, contact our law firm for a free consultation. Call 210-366-4949 or use our contact form to schedule.
- Preeclampsia & Eclampsia
- Síndrome HELLP
- Missed Fetal Growth Restriction
- Stroke During Pregnancy
- Placenta Previa
- Desprendimiento de la placenta
- Corioamnionitis
- Missed Fetal Distress During Pregnancy
- Gestational Diabetes
- PAS: Placenta Accreta, Increta & Percreta
- Placenta Delivery Negligence
- Ruptura uterina
- Uterine Inversion Post- Delivery
- Unnecessary C-Section
- Failure To Perform C-Section
- Surgical Mistakes
- Epidural & Anesthesia Errors
- Anesthesia Overdose
- Severe Vaginal Tears
- Episiotomy Injuries
- Pelvic Floor Damage
- Huesos rotos
- Pubic Symphysis Separation
- Prolapse
- Síndrome del perineo descendente
- Postpartum Hemorrhage (PPH)
- Hemorrhagic Shock
- Abnormal Vital Signs
- Postpartum Infection & Sepsis
- Postpartum Preeclampsia
- Postpartum Cardiomyopathy
- Postpartum Stroke
- Amniotic Fluid Embolism
- Pulmonary Embolism During or After Childbirth
- Deep Vein Thrombosis (DVT)
- Stroke During Labor
- Ectopic Pregnancy
- Internal Rupture
- Incomplete Miscarriage
- Negligent Discharge
- Failure to Perform
- Errores quirúrgicos
McAllen Maternal Death & How a Medical Malpractice Attorney Can Help
When a patient dies during pregnancy, delivery, or shortly after due to preventable medical negligence, family members can bring wrongful-death and survival actions. 80% of pregnancy-related deaths are preventable. These OBGYN malpractice cases often result from a breach of duty leading to preventable birth injuries, such as hemorrhage, hypertensive crisis, infection, and surgical error.
Nuestro maternal death attorneys work to prove that the medical care provided fell below the medical standard of care expected by competent care providers.
McAllen Pregnancy Infections & Septic Shock
Without treatment, infections during or after pregnancy can lead to sepsis quickly. Healthcare providers must recognize symptoms and properly treat the infection. When healthcare professionals fail to properly monitor patients or don’t provide proper care, an McAllen OBGYN medical malpractice lawyer from our law firm helps families navigate the legal process.
Birth Injuries From Chorioamnionitis
Without treatment, chorioamnionitis (infection of the membranes and amniotic fluid) can lead to maternal sepsis and serious birth injuries. Safety protocols demand proper attention, administering medications, and prompt delivery. When a doctor delays c-sections or other treatment after fever, fetal tachycardia, or uterine tenderness, the resulting chorioamnionitis injuries may be grounds for a medical malpractice claim.
Failure to Perform a D&C or Emergency C-Section
When a miscarriage, infection, or fetal distress requires gynecological surgery or other type of intervention, delayed treatment can be fatal. A retained pregnancy that isn’t evacuated with a D&C can become septic, and a baby in distress can suffer oxygen deprivation when C-section surgery is delayed. Unreasonable delay in surgery and surgical errors are recognized forms of medical negligence that our McAllen medical malpractice lawyers handle.
Catastrophic Bleeding and Uterine Emergencies in McAllen Hospitals
Catastrophic bleeding is one of the leading causes of preventable maternal death in Texas. Healthcare providers must properly monitor for blood loss, have immediate access to blood products, and be prepared to perform emergency surgery. When L&D teams are slow, treatable bleeding becomes fatal. Our McAllen OBGYN medical malpractice attorneys can help determine whether you have a valid medical negligence case.
Postpartum Hemorrhage, Ectopic Rupture, or Uterine Rupture
A patient suffering postpartum hemorrhage, a ruptured ectopic pregnancy, or uterine rupture needs an immediate transfusion and surgery. Medical negligence includes failing to notice symptoms of blood loss, a tubal rupture, or a uterine tear.
Placenta Accreta Spectrum (Accreta, Increta, Percreta)
Placenta accreta spectrum (PAS), which includes accreta, increta, and percreta, puts patients at risk for a massive hemorrhage. PAS is typically detectable on imaging beforehand. Failing to diagnose placenta accreta or to plan a controlled, specialist-supported delivery is grounds for an OBGYN medical malpractice lawsuit in McAllen.
Uterine Inversion and Placental Delivery Errors
Uterine inversion is caused by excessive cord traction or fundal pressure. When a healthcare provider mismanages the third stage of labor, this can trigger hemorrhage and shock. Prompt recognition and repositioning are the standard of care.
Blood-Pressure Crises and the Conditions That Kill When Doctors Wait
Preeclampsia, eclampsia, and related conditions are treatable with blood-pressure monitoring, medication, and timely delivery. When a doctor doesn’t monitor, escalate, or deliver before a condition becomes catastrophic, an McAllen OBGYN medical malpractice lawyer can hold them responsible for medical negligence.
Preeclampsia, Eclampsia, and HELLP Syndrome
Preeclampsia involves dangerously high blood pressure during pregnancy and, left unmanaged, can progress to eclamptic seizures or to HELLP syndrome. Our McAllen medical malpractice lawyers have held multiple providers responsible for dismissing headaches, vision changes, swelling, and rising blood pressure. If a healthcare professional fails to treat preeclampsia, they can be held liable for the harm that follows.
Postpartum Sepsis
Healthcare providers must screen for signs of infection to avoid postpartum sepsis, or sepsis after childbirth. When providers send infected patients home after birth, the consequences can be fatal. If you or a loved one were sent home and developed sepsis after childbirth or another medical procedure, an McAllen OBGYN medical malpractice attorney can explain the legal process of pursuing a sepsis malpractice claim.
Amniotic Fluid Embolism (AFE)
When amniotic fluid enters the maternal bloodstream during or after childbirth, doctors must have a fast emergency response. If a healthcare provider failed to properly treat an AFE, contact a McAllen medical malpractice lawyer. Victims need skilled legal representation to prove negligence in these medical malpractice cases.
Postpartum Blood Clots and Pulmonary Embolism
Untreated blood clots can cause pulmonary embolisms or systemic thrombotic emboli. The standard of care includes assessing clot risk, taking preventive measures, and acting on leg swelling, chest pain, or shortness of breath. Missing these signs can prove fatal.
Stroke in Pregnancy, Labor, and the Postpartum Window
When OBGYNs don’t manage blood pressure, women can suffer strokes during pregnancy, childbirth, or in the postpartum period. In many medical malpractice cases, healthcare providers ignore complaints of headaches, weakness, or speech changes, resulting in permanent disability or death.
McAllen L&D Surgical Errors & Failure to Treat
Anesthesia and surgical errors during obstetric medical procedures can cause serious birth injuries to mothers and babies. In addition, ER doctors who refuse to perform necessary gynecological surgery can also bear responsibility when a patient is unnecessarily harmed. Our McAllen obstetrical malpractice lawyers handle these medical malpractice claims with the compassion and professionalism clients deserve.
Missed Ectopic Pregnancy
When a missed ectopic pregnancy ruptures, it can cause life-threatening bleeding. Healthcare providers face accountability when they dismiss complaints of pain and/or bleeding. Our McAllen medical malpractice lawyers advocate for families whose experience was dismissed as a normal miscarriage only to later discover that an ectopic pregnancy was responsible for the harm caused.
C-Section, D&C, and D&E Errors
Cesarean sections, D&Cs, and D&Es are common examples of reproductive health procedures that become dangerous if not performed or done carelessly. Surgical errors and unreasonable delays can support a medical malpractice claim.
Epidural & Anesthesia Errors
Anesthesia and epidural errors can cause nerve damage, blood pressure issues, or extreme pain and suffering during delivery. Victims harmed by breaches in the standard of care may have valid epidural or anesthesia malpractice claims.
Why OB-GYN Harm Keeps Happening & How an McAllen Medical Malpractice Lawyer Can Help
OBGYN malpractice in McAllen is often tied to widespread issues within the local healthcare system: who delivers care, location, and the language in which patients are heard.
Hospital Malpractice: Negligent Care For Uninsured and Medicaid Patients
The region includes for-profit chains South Texas Health System McAllen y Rio Grande Regional Hospital, with physician-owned DHR Health and its Women’s Hospital at Renaissance just north in Edinburg.
Because almost half of childbearing-age women in Hidalgo County are uninsured and many more rely on Medicaid, hospitals provide care lacking staff, driving turnover for on-call obstetricians and anesthesiologists. The location also takes high-risk patients from maternity-care-desert counties like Starr. Patterns of negligencia hospitalaria are often to blame for high levels of maternal mortality outcomes.
How the Texas Abortion Ban Drove Up Maternal Sepsis and Death
Since Texas law restricted abortion, peer-reviewed and investigative data show worsening maternal mortality outcomes statewide. Hospital stays for second-trimester miscarriages saw a 50% increase in sepsis rate. From 2019 to 2022, Texas maternal mortality rose 56%, compared with 11% nationally, and investigations tied Texas’ previous SB8 law to abnormal rates of infant and neonatal deaths. Our McAllen medical malpractice lawyers don’t excuse fear of liability overriding medical necessity.
Dismissed Symptoms and Lack of Informed Consent for Spanish-Speaking Mothers
Hispanic and Spanish-speaking patients experience longer wait times and ignored concerns. In addition, forms for informed consent and discharge instructions are provided in English only. When healthcare professionals guess at what’s being said or rely on family members or untrained interpreters, informed consent breaks down and warning signs are missed. The type of communication failures the CDC’s Hear Her program was built to prevent. In overwhelmingly Spanish-speaking Hidalgo County, qualified interpretation is a basic standard of care, not a courtesy.
Where McAllen OBGYN Negligence Can Occur
South Texas Health System is home to The Birthing Center of South Texas and opened the Rio Grande Valley’s first Level III NICU over 40 years ago. Rio Grande Regional Hospital, part of HCA Healthcare, operates a Level III NICU with 24/7 maternal-fetal medicine, neonatology, and anesthesiology coverage.
Nearby in Hidalgo County, DHR Health and its Women’s Hospital at Renaissance, South Texas Health System Edinburg, and Mission Regional Medical Center round out the facilities where high-risk transfers receive care. Medical malpractice can take many forms, and our McAllen OBGYN malpractice lawyers handle medical negligence claims in all of them, helping to recover the compensation you deserve from an OB, nurse, or the facility itself.
Economic & Non-Economic Damages in McAllen OBGYN Malpractice Claims
Texas law divides malpractice compensation into economic and non-economic damages. Economic damages, including medical bills, future medical expenses, lost wages, and funeral costs, are not capped. Non-economic damages, such as pain and suffering and physical and emotional distress, are capped at $250,000 against a single healthcare provider, rising to as much as $500,000 when more than one hospital or facility is involved and commonly framed as up to $750,000 total against all defendants under Texas Civil Practice and Remedies Code Chapter 74.
Many medical malpractice claims resolve through settlements, providing fair compensation without the responsible party admitting liability or fault.
How Long You Have to File: Texas’s Two-Year Deadline
The statute of limitations, or deadline to file a claim in Texas, generally allows for two years from the date of the act to file a lawsuit. A minor child’s claim runs until their twentieth birthday, and the discovery rule may extend the deadline when a serious injury, like parálisis cerebral o HIE, isn’t quickly identified. However, waiting to file suits makes securing medical records and other evidence much more difficult.
Because deadlines are strict under Texas law, victims should consult an OBGYN malpractice lawyer or birth injury lawyer in McAllen, TX.
Contact an McAllen OB-GYN Injury Lawyer For Your Free Consultation
If you believe OB-GYN negligence in McAllen harmed you or a loved one, our team is ready to help and ensure your voice is heard. Our McAllen medical malpractice lawyers provide free consultations, and you don’t pay anything unless we recover the compensation you deserve. Hablamos español. Contact an McAllen OB-GYN injury lawyer or call 210-366-4949 to discuss your options for recovery.