San Antonio Birth Injury Attorney
If you believe your child’s injury was caused by medical negligence during pregnancy, labor, and delivery, or after your child was born, working with a law firm with experience litigating birth injury claims in Bexar County is critical. Our San Antonio birth injury attorney team has handled medical malpractice cases for over 30 years and has recovered substantial birth injury settlements on behalf of families across Texas. If you’re looking for a birth injury lawyer San Antonio families trust, Janicek Law represents the less than 2% of Texas attorneys who are board-certified in personal injury trial law.
We provide legal representation on a contingency basis, so clients don’t owe anything unless we win. To schedule a free consultation, call 210-366-4949 or use our contact form.
“..Janicek Law has been amazing. They are going to support you every single step of this hard & difficult time. Go, they will help you.”
“..For being such a traumatic event, they made it really easy for us to handle. They even, to this day, are still checking in and making sure we are getting the care that we need, even after we’ve settled, which I think is amazing.”
Birth Injury Malpractice in San Antonio
Birth injury medical malpractice occurs when healthcare professionals fail to uphold the Texas medical standards of care in prenatal care or during the birthing process, resulting in preventable injuries.
List of Preventable Birth Injuries
While not all serious birth injuries are preventable, here are the most common birth injuries that should be investigated when any complications or difficulty occur:
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Chorioamnionitis
- Erb’s palsy / brachial plexus injuries
- Klumpke’s palsy
- Facial nerve palsy
- Infant bone fractures and skull damage
- Subgaleal hemorrhage / Cephalohematoma
- Intracranial hemorrhage and Subarachnoid hemorrhage
- Spinal cord injuries
- Shoulder dystocia complications and clavicle fractures
- Meconium aspiration syndrome
- Neonatal brain damage from untreated jaundice (kernicterus)
- Neonatal stroke
- Necrotizing enterocolitis (NEC)
- Birth asphyxia complications
- Newborn sepsis
- Periventricular leukomalacia (PVL)
- Intraventricular hemorrhage (IVH)
- Infant spinal cord injuries
- Retinopathy of prematurity
- Hypoglycemia-related brain damage
- Floppy baby syndrome/hypotonia
- Rib fractures from improper resuscitation technique
- Neonatal seizures from unaddressed brain injury or infection
- Multi-organ failure from perinatal asphyxia
Most Common Causes of Preventable Birth Injuries Suffered in The San Antonio Area
Our San Antonio birth injury attorney team helps clients pursue legal action for various types of birth injuries suffered throughout Bexar County and the surrounding communities.
What makes a strong case:
✅ Expert testimony shows a clear deviation from the standard of care
✅ Fetal monitoring strips showing fetal distress failures
✅ Documentation gaps or inconsistencies in records
✅ Delayed C-section when one was indicated
✅ Improper use of forceps or vacuum extractor
✅ Failure to respond to a mother’s vital signs
Misdiagnosis or Failure to Diagnose Birth Injuries in San Antonio
The most common types of misdiagnosis or failure to diagnose claims in San Antonio include:
Area of Care | Examples |
|---|---|
Pregnancy & Prenatal Care | failure to diagnose preeclampsia, HELLP syndrome, gestational diabetes, Group B Strep (GBS), fetal growth issues (IUGR), or placenta previa |
Labor | Failure to recognize fetal distress, oxygen deprivation, or a mother’s vital signs; misreading fetal monitoring strips |
Delivery Decisions & Timing | Delayed C-section or response to patient symptoms |
Complications | Mismanagement of placental abruption, uterine rupture, umbilical cord issues, or shoulder dystocia |
Newborn & Post-Birth Care | Failure to diagnose or treat HIE, jaundice, sepsis, meningitis, NEC, or other complications |
Postpartum Complications | Failure to identify and treat postpartum hemorrhage or other complications |
Delayed Delivery or Failure to Perform an Emergency C-Section Malpractice
Delays in ordering or performing an emergency C-section are one of the leading causes of preventable birth injuries in Central and South Texas. A labor and delivery injury lawyer can help victims seek justice and recovery for:
- Failure to recognize fetal distress
- Delay in mobilizing medical staff once emergency surgery is ordered
- Misjudging the urgency of maternal or fetal warning signs
- Failure to escalate to a higher level of care in a timely manner
Surgical Errors
C-section mistakes may not be immediately apparent and can lead to lifelong complications. Our law firm often handles surgical error claims in San Antonio that involve:
- Accidental incisions to the baby when cutting the uterus
- Maternal bladder, bowel, or other internal organ damage
- Wound reopening or infections caused by negligent closures
- Anesthesia errors causing overdose or awareness during procedures
A San Antonio birth injury lawyer team understands these complicated cases. We can evaluate your case and help you recover compensation from the surgeon or medical provider responsible.
Medical Errors During Delivery
Beyond surgical mistakes, many types of clinical errors constitute malpractice. Our San Antonio birth injury attorney team helps ensure negligent medical professionals are held liable for the following:
- Improper use of delivery instruments, like forceps or vacuum extractors, causing brain or nerve damage
- Medication errors, including incorrect Pitocin dosing
- Negligence in communication between nursing shifts
- Inadequate monitoring during high-risk labor
Infant Wrongful Death
When a baby dies as a result of medical negligence, families can pursue wrongful death lawsuits in addition to or instead of birth injury claims. Our San Antonio infant wrongful death lawyers help families secure maximum compensation for devastating losses and profound emotional harm for the following, as well as other causes:
- Delaying surgery that results in stillbirth
- Undiagnosed or untreated infection leading to neonatal fatality
- Lack of oxygen that causes fatal brain injuries to a child
- Failure to resuscitate a newborn appropriately
Maternal Injuries and Death
Mothers are frequent victims of medical negligence, and maternal malpractice claims are increasingly recognized as serious and compensable.
- Failure to diagnose or treat postpartum hemorrhage, preeclampsia, HELLP syndrome, DIC conditions, placenta conditions, or other serious complications
- C-section-related pelvic injuries
- Surgical errors
- Failure to monitor the patient adequately after a high-risk delivery
- Anesthesia and other epidural malpractice
Our birth injury law firm in San Antonio, TX, can help you seek justice and the compensation you and your child deserve in the aftermath of medical negligence
Birth Trauma
Birth trauma refers to physical injuries sustained by the baby during the labor and delivery process. Our birth trauma lawyers assist by reviewing medical records and ensuring liable parties are held accountable.
- Brachial plexus injuries from excessive force
- Skull fractures caused by incorrect medical tool placement
- Facial nerve injuries from prolonged pressure in the birth canal
- Soft tissue damage from vacuum misuse
Perinatal Injury
Perinatal injuries occur from late pregnancy through the first weeks of life. Most cases result from failing to monitor or respond to complications.
- HIE from lack of oxygen
- Brain bleeds resulting from traumatic delivery or unmanaged maternal conditions
- NEC from NICU negligence
- Untreated infections transmitted to the infant
Our San Antonio birth injury attorney team provides skilled legal support to navigate these complex birth injury cases.
Most Common Types of Birth Injury Lawsuits We Handle
Hypoxic-Ischemic Encephalopathy (HIE) in San Antonio: Hypoxic-Ischemic Encephalopathy is caused by oxygen deprivation to the child’s brain during the birth process. OBGYNs frequently miss or misattribute HIE to other causes. Diagnosis in the early HIE stages is crucial because cooling therapy must begin within hours after the baby is born to limit brain damage.
Cerebral Palsy in San Antonio: Negligent healthcare providers often miss Cerebral Palsy until developmental delays become apparent. OBGYNs and other physicians will sometimes dismiss this as “normal variation” in early development. Our law firm has extensive experience taking legal action for all forms of Cerebral Palsy cases, including:
- Spastic Cerebral Palsy
- Dyskinetic Cerebral Palsy
- Ataxic Cerebral Palsy
- Mixed Cerebral Palsy
Chorioamnionitis in San Antonio: Negligent healthcare providers failing to address infections during childbirth is one of the most common causes of birth injuries to the mother and child.
Erb’s Palsy and Brachial Plexus in San Antonio: Nerve damage from excessive pulling during the delivery process, particularly during shoulder dystocia, is often attributed to fetal positioning rather than negligent use of delivery instruments or techniques. Weakness or paralysis in the child’s arm is often initially downplayed to avoid liability.
Intracranial Hemorrhage in San Antonio: Bleeding in or around the child’s brain can result from negligent use of delivery instruments or prolonged labor processes. Symptoms like irritability, poor feeding, or a bulging fontanelle are often dismissed as minor post-delivery issues.
Kernicterus in San Antonio (Severe Jaundice / Bilirubin Encephalopathy): When a physician fails to address elevated bilirubin levels, this can cause permanent neurological disorders. Jaundice is common in newborns, making healthcare providers more prone to underestimating its severity.
Shoulder Dystocia Complications in San Antonio: When the baby’s shoulder is lodged during delivery, delays in recognizing the complication or negligent maneuvers can cause nerve damage, fractures, or lack of oxygen. Because shoulder dystocia is an emergency, it often contributes to gaps in documentation. Additionally, the infant may suffer broken bones that go undetected until the parents notice the child cannot move his or her arm correctly.
Uterine Rupture in San Antonio: A catastrophic tear in the uterine wall can cause permanent brain injuries or death if the doctor doesn’t perform emergency surgery. Healthcare professionals must act on warning signs like abnormal fetal heart rate patterns and sudden pain quickly.
Labor Induction Injuries in San Antonio: Pitocin or Cytotec can lead to a lack of oxygen between contractions. When doctors don’t adjust or stop the medication, we help pursue drug error claims in San Antonio.
Caput Succedaneum in San Antonio: When a baby’s head swells from pressure, it typically resolves on its own. We help take legal action when this masks more serious birth injuries, like Kernicterus, Athetoid Cerebral Palsy, or leads to hearing loss, disabilities, vision loss, Gaze Palsy, or systemic infections like sepsis.
Nuchal Cord Complications in San Antonio: When the umbilical cord is wrapped around the baby’s neck, the fetus doesn’t get enough oxygen, especially when the mother is pushing. When fetal heart rate changes aren’t addressed, this can cause permanent brain injuries. Our birth injury lawyers handle various complications, including:
- Tight nuchal cord
- Double nuchal cord knots
- Loose nuchal cord
- Triple nuchal cord/multiple umbilical cord entanglements
Umbilical Cord Prolapse in San Antonio: When the umbilical cord slips ahead of the baby, this requires an emergency delivery. Medical providers who don’t respond quickly after membrane rupture, or who rupture membranes without confirming fetal engagement, may bear responsibility when a child suffers a birth injury.
Subgaleal Hemorrhage / Infant Cephalohematoma in San Antonio: Bleeding beneath the scalp is a life-threatening condition and is often confused with a more benign cephalohematoma. This is sometimes missed in the post-delivery period.
Infant Skull Fracture in San Antonio: Neonatal skull fractures typically result from negligent forceps or vacuum extractor use. When a doctor fails to order imaging after assisted delivery procedures, it delays critical care.
Meconium Aspiration Syndrome in San Antonio: When a fetus passes stool and inhales the fluid during delivery, it blocks the airways, and the baby doesn’t get enough oxygen. When meconium is present, medical providers must anticipate and provide immediate respiratory support.
NEC Malpractice in San Antonio: This is more common in preemies and is often worsened when medical staff don’t recognize symptoms like abdominal distension and bloody stools.
HELLP Syndrome in San Antonio: This severe pregnancy complication is often misdiagnosed. When medical assistance isn’t quickly provided, HELLP syndrome leads to liver rupture, stroke, or maternal and infant death.
Floppy Baby Syndrome in San Antonio: Characterized by abnormally low muscle coordination and tone, this can indicate the underlying injury was caused by oxygen deprivation or physical trauma. Many providers incorrectly tie this to genetic conditions.
Birth Asphyxia in San Antonio: Lack of oxygen supply during the labor and delivery process is a leading cause of preventable brain damage and cerebral palsy.
Neonatal Meningitis / Sepsis: Group B Strep and other untreated infections can cause meningitis in babies. Not ordering appropriate tests or treating the mother can be contributing factors.
Spinal Cord Injury During Birth: These are rare but often result from excessive traction or rotation. Serious spinal cord injuries may not be discovered until the infant exhibits signs of developmental delays in motor skills.
Where Can Birth Injuries Happen in Bexar County and The Surrounding Communities
Common hospitals, birthing centers, midwives, and doulas in the San Antonio area:
Hospitals | Birth Centers | Midwives & Doulas |
|---|---|---|
San Antonio Birth Doulas | ||
Rooted Birth (pregnancy care) | ||
Locations for surrounding areas:
Location | Hospital |
|---|---|
Served by Stone Oak or New Braunfels | |
None; Served by East Side medical facilities | |
Resolute Baptist Hospital; Serves Live Oak and the surrounding communities | |
None; Residents use nearby systems |
San Antonio Birth Injury Lawsuit Process
Birth injury lawsuits are malpractice claims pursued when a healthcare provider’s negligence before, during, or after delivery causes harm to a baby or mother.
If you believe your child suffered a birth injury, the first priority is ensuring you’re getting the care your child deserves. Families have every right to seek medical attention elsewhere or use other doctors for second medical opinions.
Who Can File | Details |
|---|---|
Parents / legal guardians | On behalf of the injured child |
Injured children | Can seek compensation independently upon reaching adulthood (within applicable deadlines) |
Mother | If she suffered due to medical negligence |
Estate | If a mother’s death occurred due to medical negligence |
⏱️ What is the Statute of Limitations on Birth Injuries in Texas?
Situation | Deadline |
|---|---|
Parents filing on behalf of an injured child | In Texas, the statute of limitations for filing birth injury claims by the parents is generally two years from the date of the incident or when the harm should have been discovered |
Minor children filing for themselves | The child’s 20th birthday |
Two years from the date of death | |
Statute of repose | Extended time for serious birth injuries that weren’t immediately apparent. Applies in limited circumstances. |
⚠️ Do not wait. Quickly consulting an experienced birth injury lawyer in San Antonio, TX, is crucial to preserving evidence.
The Legal Process of Filing a Birth Injury Claim in The South Texas Hill Country Region
Step 1: Investigate and Build Strong Cases (Months 1–6)
- Family seeks legal guidance and consults with the birth injury law firm
- Counsel requests and reviews complete medical records (prenatal, labor, delivery, NICU, postpartum)
- Documents are sent to medical experts for review
- Counsel determines whether negligence occurred and whether it caused the mother’s or child’s injury
Step 2: Requirements Before Filing
Under Chapter 74, plaintiffs must serve all defendants with an Expert Report. This provides expert testimony from qualified medical professionals explaining:
- The applicable standard of care
- How the defendant breached that standard
- How the breach caused the injury
This is one of the most critical stages in the legal process.
Step 3: Filing the Birth Injury Claim
Many cases are handled in the Bexar County District Court and are governed by the Texas Medical Liability Act.
Defendants have 20 days to respond or request an extension.
Step 4: Discovery (Months 6–18)
Both sides exchange evidence and information:
Discovery Tool | Purpose |
|---|---|
Interrogatories | Written questions that each side must answer |
Requests for Production | Compel the exchange of documents, medical records, photo |
Depositions | Sworn testimony from witnesses, nurses, and doctors |
Defense Medical Exam (DME) | Defendant may request a second medical opinion or exam of the child |
Expert Testimony | Each side’s medical experts are questioned by opposing counsel |
Step 5: Birth Injury Mediation
- Required for most cases involving medical negligence
- A neutral mediator facilitates settlement negotiations
- Many cases settle at or before this stage
- Settlement offers can range from hundreds of thousands to several million dollars, depending on the severity
Step 6: Trial (If Cases Don’t Settle)
- Jury trials typically last 1–3 weeks
- Appeals can extend the legal process by 1–2+ years
Maximum Compensation When a Child Suffers A Birth Injury
Our legal team consults with medical experts and economists to establish negligence and accurately calculate lifetime care costs for a child with a birth injury.
Category | Notes | Examples |
|---|---|---|
Economic Damages | Covers past expenses and the child’s future costs | NICU bills, medical bills for surgeries, hospitalization, therapy, long-term care, assistive devices, home modifications, lost earning capacity, parents’ lost wages |
Non-Economic | Covers the effects on the family and the child’s life | Pain and suffering, mental anguish, affect on the child’s quality of life |
Wrongful Death | Covers the financial and emotional damages for the loss of a mother’s or a child’s life | Funeral and burial expenses, loss of companionship, mental anguish |
Damage Caps for Settlements:
Economic damages, such as medical bills, lost wages, and future medical expenses, aren’t capped. This means accurate projections for long-lasting effects are crucial. Here is how Texas law limits non-economic damages in settlements:
Defendant Type | Cap |
|---|---|
All healthcare professionals/providers combined | $250,000 |
Hospital / medical facility | $250,000 (up to $500,000 total for institutions) |
Total non-economic damages (all defendants) | $750,000 |
Common Defendants in Birth Injury Cases:
- Delivering OB/GYN or midwife
- Labor and delivery nurses
- Anesthesiologist
- Neonatologist/pediatrician present at delivery
- Hospital or birthing center
- Prenatal providers
- The physician group or medical practice employing the medical staff
Choosing the Best Birth Injury Attorney in San Antonio
Birth injury cases are among the most complex and expensive in this area of law. Look for:- Experience specifically in birth injury, neonatal, and OBGYN malpractice in San Antonio
- Access to expert OB/GYN, neonatologist, and pediatric neurologists
- Resources to fund a prolonged case
- Track record of verdicts and settlements
- Law firms that offer legal guidance on a contingency-fee basis (no upfront cost to the family)
Common Birth Injury Questions and Answers
What Is a Birth Injury?
A birth injury is a preventable injury sustained during labor, delivery, or shortly after the child is born. These can range from minor bruising to severe conditions like facial nerve injuries, brain injuries, or fractures. While some heal on their own, others result in permanent disabilities that require ongoing care, therapy, and support to address the child’s special needs. When birth injuries are caused by medical negligence, the family may have grounds for legal action.
What Causes Birth Injuries?
The most common causes of birth injuries are medical negligence during prenatal care, labor, or delivery. Improper use of medical tools like forceps or vacuum extractors, failure to monitor fetal distress, delays or medical errors in surgery, mismanagement of umbilical cord complications, and inadequate response to infections or preeclampsia. Additionally, when negligent healthcare providers ignore risk factors like breech presentation, prolonged labor, and high birth weight, they can be held liable.
Is Cerebral Palsy a Birth Injury?
Yes, when negligence occurs (oxygen deprivation, birth trauma, infection during labor and delivery, etc.), Cerebral Palsy is considered a birth injury. Some cases of Cerebral Palsy are caused by genetic factors or prenatal development, but when a failure to act causes Cerebral Palsy, families can hold the doctor responsible.
What is the Most Common Birth Injury in Texas?
The most common birth injury is brachial plexus injury. Brachial plexus injuries affect the nerves controlling the shoulder, arm, and hand. They often occur when excessive force is applied during delivery. Erb’s palsy, a form of brachial plexus injury, can cause paralysis of the affected arm. Other common forms include fractures, cephalohematoma, and hypoxic-ischemic encephalopathy.
Can You Sue a Doctor For a Birth Injury?
Yes, you can sue a doctor when a child’s health is affected by medical negligence. To pursue compensation in Texas, families must prove that the doctor, nurse, or other healthcare provider owed a duty of care, breached that duty, and that the breach caused harm.
Can You Sue a Hospital For a Birth Injury?
Yes, you can sue a hospital if your child’s injury was caused by medical negligence. Hospitals can be held accountable for negligent hiring, failing to maintain adequate staffing levels, using defective or poorly maintained equipment, or having inadequate safety protocols. Additionally, medical facilities may also be responsible for their employee’s actions under respondeat superior in Texas, depending on the circumstances.
What Evidence Do I Need to File a Birth Injury Claim in Texas?
Common types of evidence used to support a medical negligence claim include medical records, expert testimony, and documentation of the standard of care expected in similar situations. Our attorneys review medical records to identify deviations from the standard of care, such as failure to diagnose oxygen deprivation or improper use of delivery tools.
Where Can I Get Help With My Birth Injury Case?
If your family is struggling with a difficult birth injury case, the experienced birth injury attorneys at Janicek Law can help. As a board-certified personal injury trial law firm, we have the expertise and resources to investigate your case, consult with medical experts, and fight for the compensation your family deserves. Call (210) 366-4949 or use the contact form for a free consultation.
Contact a San Antonio Birth Injury Attorney For a Free Consultation
After a difficult birth of a child or the loss of a newborn, parents often struggle to find honest answers. Our birth injury lawyers in San Antonio, TX, have a proven record of success that spans over three decades. We negotiate with insurers or litigate cases in court to ensure families recover compensation that covers costs of current medical bills and long-term complications.
To schedule a free case evaluation, call (210) 366-4949 or complete our online intake form.
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