What Causes Birth Injuries?

Birth injuries can result from a variety of factors during the pregnancy, labor, and delivery process. Common causes include medical malpractice, oxygen deprivation, prolonged labor, maternal health conditions and trauma, abnormal birthing positions, preterm births or delayed births, or using instruments during birth.

New Braunfels Birth Injury Lawyer

Name: Janicek Law
Address: 1100 NE Interstate 410 Loop #600, San Antonio, Texas, 78209
Telephone: 210-366-4949

A New Braunfels birth injury lawyer from Janicek Law can help families recover compensation for birth injury claims through a birth injury lawsuit. The birth injury attorneys at Janicek Law have been holding negligent medical experts accountable throughout San Antonio, Seguin, and New Braunfels, TX, for over 20 years.

At Janicek Law, our New Braunfels personal injury lawyers successfully handle various personal injury cases, including birth injury cases involving medical negligence. Our birth injury lawyers are committed to fighting tirelessly for the rights of our injured clients, aiming to ensure that they recover financial compensation and justice while their negligent doctors are held accountable for their medical negligence.

Our dedicated New Braunfels personal injury attorneys have what it takes to navigate the complex landscape of the birth injury claims process, ensuring that each family receives top-tier legal representation and the support and understanding they need during such a challenging time.

Call 210-366-4949 to schedule a free consultation with our experienced team of New Braunfels birth injury lawyers today.

What is a Birth Injury?

A birth injury refers to any harm or trauma inflicted on a newborn during the childbirth process. Birth injuries may occur due to various factors, such as the baby’s size or position during birth, the length of labor, or a medical mistake. Understanding the circumstances surrounding a birth injury is crucial for both medical malpractice prevention and addressing any immediate or long-term health concerns they may pose for the affected child.

Birth Injury vs. Birth Defect

A birth injury can be the result of physical pressure, a medical mistake, lack of intervention, or complications during birth, and they often have immediate consequences for the victim.

In contrast, a birth defect is a condition that develops while the baby is still in the womb, typically arising from a genetic factor, environmental exposure, or a combination of both.

This fundamental difference is significant not only for medical diagnosis and treatment but also for legal considerations.

Common Types of Birth Injuries our New Braunfels Birth Injury Lawyers Handle

Below, our San Antonio birth injury attorneys break down a few of the most common catastrophic injuries that we have seen during the civil claims process.

Brachial Plexus Injuries

Brachial plexus injuries occur when the brachial plexus nerves are stretched, compressed, or, in severe cases, torn during a difficult delivery, often involving shoulder dystocia where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Symptoms can range from mild, temporary weakness in the arm to more severe, permanent conditions like Erb’s Palsy or Klumpke’s Palsy, characterized by paralysis or loss of muscle function in the affected limb.

A San Antonio brachial plexus injury attorney can ensure that victims and parents receive the justice they deserve.

Caput Succedaneum

Caput Succedaneum can be exacerbated by vacuum extraction during delivery. In most cases, this condition is harmless and resolves independently within a few days to a week without medical treatment. For the most severe cases of this birth injury, it’s crucial for parents of affected infants to contact a San Antonio caput succedaneum attorney today.

Cerebral Palsy

The cause of cerebral palsy is often linked to a lack of oxygen to the brain during labor and delivery, but it can also result from brain infections, premature birth, or trauma. This can be a focal point in birth injury cases if medical negligence is contributed to the condition. It’s important to seek justice with the help of a San Antonio cerebral palsy attorney so that victims can receive the financial compensation and care they deserve.

Cephalohematoma

Cephalohematoma is a birth injury that often arises from birth trauma, such as the use of forceps or vacuum extractors during delivery, or as a result of a prolonged or difficult birth. In the most severe cases of this birth injury, parents of affected infants should contact a San Antonio cephalohematoma attorney.

Cytotec Birth Injuries

Cytotec (misoprostol) is a medication that has been used off-label to induce labor in pregnant women. While it can be effective in starting or speeding up labor, its use has been associated with a range of serious complications and injuries both to the mother and the baby.

A New Braunfels birth injury lawyer from Janicek Law can determine whether there’s enough evidence to pursue compensation through a birth injury lawsuit.

Erb's Palsy

Erb’s Palsy is considered a severe birth injury that could result from medical negligence. If medical professionals fail to appropriately manage risk during delivery or fail to perform a cesarean section, our New Braunfels birth injury lawyer group can help ensure they’re held liable.

Speak with a Texas Erb’s Palsy lawyer to learn about your birth injury claim options.

Hypoxic Ischemic Encephalopathy

HIE can lead to significant neurological damage, resulting in a range of outcomes from mild developmental delays to severe disabilities like epilepsy. The prognosis of HIE varies, and early intervention with rehabilitative therapies can help maximize a child’s potential and quality of life. For more information about legal options, call a San Antonio hypoxic-ischemic encephalopathy attorney today.

Infant Skull Fractures

While some skull fractures may be asymptomatic and heal on their own, others can lead to complications such as intracranial hemorrhage, traumatic brain injuries, or neurological issues. If your infant has suffered a skull fracture due to medical negligence, contact a San Antonio infant skull fracture attorney today.

Klumpke Palsy

Birth injury cases where Klumpke’s Palsy can be attributed to medical negligence include failure to manage a complicated delivery, excessive force during the birth process, or not performing a cesarean section. In these personal injury cases, the affected families may have grounds to file a medical malpractice or personal injury lawsuit.

Call our New Braunfels personal injury attorneys to see how we can help you secure compensation.

Meconium Aspiration Syndrome

Meconium Aspiration Syndrome (MAS) can block airways, hinder breathing, and cause inflammation or infection, leading to respiratory distress. Early detection and treatment are crucial in preventing potential complications like persistent pulmonary hypertension. Be sure to contact a San Antonio meconium aspiration syndrome attorney to learn more about your legal options for compensation.

Umbilical Cord Prolapse

Umbilical cord prolapse is a critical emergency, posing a significant risk of asphyxia to the baby, as the prolapsed cord can become compressed, reducing blood flow and oxygen supply. If this is not promptly managed by medical professionals, it may constitute medical malpractice.

Contact a New Braunfels birth injury attorney at Janicek Law to determine whether your Texas umbilical cord prolapse claim can be pursued for compensatory damages.

How New Braunfels Personal Injury Lawyers Prove Liability in a Birth Injury Lawsuit

In order to successfully prove liability in a birth injury lawsuit for medical malpractice, a New Braunfels birth injury lawyer must prove the four D’s of negligence occurred.

Duty of Care: The first step is establishing that the doctor or hospital had a duty of care towards the mother and baby. This involves demonstrating that there was a professional relationship between the patient and the medical professional.
Breached Duty of Care: This means showing that medical professionals failed to adhere to the accepted standards of medical care. This can include errors in judgment, procedural mistakes, failure to use the necessary equipment correctly, or any action (or lack thereof) that deviates from the standard of care typically expected in similar circumstances.
Causation: This links the breach of duty directly to the birth injury. Evidence must prove that medical malpractice directly caused the birth injury and often requires detailed medical records and testimony from medical experts to illustrate how the action or inaction of the medical professional led to the specific injuries sustained by the newborn.
Damages: The infant and the parents suffered various damages for which they should receive just compensation.

Successfully proving these elements in a birth injury lawsuit requires a thorough understanding of medical procedures and standards, utilizing evidence to secure results, and legal expertise in medical malpractice cases. Therefore, hiring a New Braunfels birth injury attorney is crucial for families seeking justice and compensation for birth injuries.

Compensation in a New Braunfels Birth Injury Lawsuit

In birth injury cases, a New Braunfels personal injury attorney can help you secure compensatory damages that reflect the significant physical, emotional, and financial impacts these physical injuries can have:

Medical Bills: This includes the costs of immediate and long-term medical care directly related to the medical malpractice.
Future Care Costs: Many birth injuries require ongoing treatment and care. This can involve costs for physical therapy, occupational therapy, speech therapy, specialized equipment, and potentially long-term nursing care.
Pain and Suffering refers to compensation for the pain and suffering endured by the child and the family. This is particularly relevant in cases of severe and lifelong disabilities.
Loss of Earning Capacity: In cases where the birth injury results in long-term or permanent disability, there may be a claim for the loss of the child’s potential earning capacity in the future.
Emotional Distress: Parents and families can claim damages for the emotional trauma and distress caused by the injury and its consequences on family life.

Each birth injury case is unique. Legal expertise from New Braunfels birth injury lawyers is crucial in accurately assessing and pursuing these damages to ensure that families receive the full compensation they are entitled to.

Texas Medical Malpractice Statute of Limitations

In Texas, the statute of limitations for medical malpractice claims is generally two years from when the injured party discovered that the injury occurred and that the defendant (typically a doctor or other medical professional) breached their duty of care.

Personal injury lawyers in Easton & Lehigh Valley emphasize the importance of understanding this statute to ensure that victims who have suffered due to medical malpractice can pursue a personal injury lawsuit before the window of opportunity closes.

Experienced New Braunfels Birth Injury Attorney

If your family is grappling with the consequences of a birth injury in New Braunfels, Texas, it’s crucial to reach out to a skilled New Braunfels birth injury lawyer before the statute of limitations of 2 years runs out. At Janicek Law, our experienced lawyers have a proven track record of navigating the complexities of birth injury cases, ensuring that your family receives the compassionate representation and fair settlement you deserve.

Contact our law firm today at 210-366-4949 to schedule a free consultation with a New Braunfels personal injury attorney and discuss how our law firm can assist you in seeking justice and the best possible outcome for your family.

Multi-Million Dollar Results For Over 30 Years

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   Natasha Garza 
 31 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We had an amazing experience with Janicek Law from beginning to end. Karen Rangel recommended us to Cassidy Muniz, and we are so thankful she did. Cassidy assisted myself, my husband, and our two daughters, and all four of us are extremely happy with the experience and outcome. Cassidy truly went above and beyond for our entire family. She was always responsive, patient, professional, and helpful, and she kept us informed throughout the entire process. Everything went smoothly, we had no issues, and she made what could have been a stressful situation so much easier for us. The entire team at Janicek Law is amazing, and we felt like we were in great hands from start to finish. We are incredibly grateful to Karen for recommending Cassidy and especially grateful to Cassidy for everything she did for our family. We would 100% recommend Cassidy and Janicek Law to anyone looking for a team that truly cares about their clients. Thank you all so much for everything! ❤️
  
 
       
   Alex McWhirter 
 18 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. We were referred to Janicek Law firm from a lawyer in Brownsville, who pointed out that they are experts in the field of medical malpractice and I am so grateful. We worked with Andrew and Gaby and they were dedicated and worked hard to get us the best possible outcome. They kept us informed and updated through every step of the process, always with a friendly and very professional disposition. Despite language and distance challenges, they accommodated all of our needs, and I would highly recommend Janicek Law Firm. They made a bad situation better by listening to our concerns, helping us through a sorrowful time for my family, and advising on how to defeat our opponent. For any families that have a beloved and elderly relative who suffered in the hands of callous and neglectful medical institutions, Janicek Law Firm were amazing in advocating for our relative and making these corporate entities accountable. Thank you, Andrew and Gaby, we really appreciated your help!
  
 
       
   Heidi Soto 
 8 August 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr Bernal and Karen were great. They always kept me up to date on all that was going on at all times. When it came down to mediation Mr Bernal knew exactly what to do and say to make things clear with the insurance company who wanted to take advantage of me. I highly recommend Mr Bernal if you ever are in an accident. He will definitely take care of you.
  
 
       
   Lucy 
 30 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I am beyond thankful for everyone at Janicek law for the professionalism, dedication, and support you all have showed throughout my lawsuit. From the very beginning, you all made a difficult and stressful situation much easier to navigate! Thank you for taking the time to answer my questions, keeping me informed every step of the way and making this process as stress free as possible! I can without a doubt definitely recommend this law firm!
  
 
       
   Iris Contreras 
 16 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. I have started this review so many times, but every time I do, I realize there simply aren't enough words to thank the people at Janicek Law. Almost 3 years ago, my world ended. I lost my son, Zayden—the greatest love of my life. My other son, Zy, witnessed the unimaginable that day. He carries those memories with him every single day, and we are forever grateful that he is still here because we very easily could have lost him too. Our family didn't just experience a tragedy—we experienced trauma that changed us forever. When I first met the team at Janicek Law, I wasn't just grieving. I was broken. I was a mother trying to survive the unthinkable while helping my surviving son heal from something no child should ever witness. I didn't know if I had the strength to keep fighting. There were so many moments when I wanted to give up. Every deposition, every conversation, every piece of evidence forced me to relive the worst day of my life. I told them I couldn't do it anymore. But they never let me forget why we were fighting. They reminded me that Zayden deserved justice. They reminded me that Zy deserved justice. They believed in my family even when I couldn't believe in myself. What makes Janicek Law different is that this was never just a job to them. They never made me feel like another client or another case number. They knew my children by name. They celebrated Zayden's life. They cried with us, prayed with us, hugged us, encouraged us, and walked beside us through every heartbreaking step. They carried a piece of this burden with us, and I will never forget that. Even after the case was over, they didn't disappear. They still answer my calls. They still help me with paperwork. They still check on me. They still make me feel like my family matters. That's something you cannot fake. That's love. Somewhere along the way, I stopped seeing them as "my attorneys" and started seeing them as family. And I truly believe I have a family for life. No amount of money will ever bring my little boy back. I would trade every penny to hear his laugh one more time. But because of Janicek Law, I have peace knowing that his life mattered, his story was heard, and that they fought for my boys with everything they had. From the deepest part of a mother's heart... thank you. Thank you for loving my children. Thank you for never giving up on us when I wanted to give up myself. Thank you for standing beside us through the darkest chapter of our lives. You gave my family more than legal representation—you gave us hope, dignity, and people we will love for the rest of our lives. You helped a grieving mother find the strength to be the voice her son no longer had. In a world that can feel so unfair, you reminded me that there are still genuinely good people. We love each and every one of you, and we will never forget what you did for Zayden, for Zy, and for us.❤️
  
 
       
   Destiny Sanchez 
 14 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. My friend Karen referred us to Janicek law firm and I am so grateful. We worked with cassidy moving forward and she went above and beyond while helping me with my accident case. From the very beginning, she was professional, knowledgeable, and always available to answer my questions. She kept me informed throughout the entire process and made a stressful situation much easier to handle. Her dedication, hard work, and attention to detail truly made a difference in my case. I am incredibly grateful for everything she did for me and my family. I would highly recommend Cassidy and Janicek Law Firm, who genuinely cares about clients and fights for the best possible outcome. Thank you cassidy for everything!
  
 
       
   Virginia-Ann Bernal 
 8 July 2026
 
 
 Trustindex verifies that the original source of the review is Google. After my accident, I felt overwhelmed and had no idea what to do next. Choosing Janicek Law Firm was one of the best decisions I could have made. From the very beginning, Philip Bernal,  Cassidy Muniz, and Karen Rangel took the time to explain the process, answer my questions, and make sure I always knew what to expect. Cassidy and Karen were  absolutely incredible throughout my entire case. They coordinated my medical care, helped with scheduling appointments, communicated with my insurance, and was always available whenever I needed guidance or reassurance. Their compassion and dedication truly made a difficult time so much easier. The entire team worked hard to build my case, keeping me informed every step of the way, and ultimately secured a settlement I was very happy with. More importantly, they gave me the peace of mind to focus on healing instead of worrying about the legal process. I can’t thank Philip, Cassidy, Karen and everyone at Janicek Law Firm enough for their professionalism, kindness, and commitment. If you’re looking for a law firm that genuinely cares about its clients, I highly recommend them. THANK YOU SOO MUCH!!
  
 
       
   Corey Sil 
 29 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Skemp and Gaby took care of everything and made my suit for Wrongful Death as easy as possible. I couldn’t have done any of this with out them! They honored and represented my Mother to the fullest and for that I am greatful! G. Silvas
  
 
       
   Jasub Baez 
 22 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. Good lawyers .
  
 
       
   Aldo Salinas 
 10 June 2026
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend the team at Janicek Law. From the very beginning, they provided outstanding legal service that was both professional and deeply compassionate. The entire staff is incredibly knowledgeable, and they made a complex process feel manageable and stress-free. It’s rare to find a firm that combines such high-level legal expertise with a genuinely friendly, client-focused approach. I am very grateful for their support and would choose them again without hesitation.
  
 
 
 
  
 
   Google rating score: 4.8 of 5, based on 358 reviews

Janicek Law handled my case with such professionalism. I was always kept in the loop about what was going on with my case. Cassidy Muniz is amazing at what she does and I really felt like they actually cared about me and my case. Highly recommend Janicek Law Firm!

I could not be happier with the service and compassion from the Janicek Law Firm. They were friendly, responsive and knowledgeable throughout the entire process. I would give ten stars if I could – They are excellent!

Janicek Law was patient and understanding to my situation – it’s a fight – but they would make my father proud. Thanks you for taking the time to look over my case and speaking up for my family.

Beth and Mona have been truly helpful with our case! They have really done an amazing job. I would highly recommend them to anyone I know.

Incredibly talented and knowledgeable attorneys that will fight negligent nursing homes and bring Justice to the elderly and their families.

I am very happy and pleased with the Janicek Law Firm. I had such a difficult time finding someone to look into my case. The Janicek Law Firm has been very professional and attentive to my questions. They will take the time and review your situation and have been very dedicated in reviewing my case.