McAllen Birth Injury Lawyer
If your child was hurt during birth, a McAllen birth injury lawyer at Janicek Law can help you understand your rights and fight for the support your family deserves.
The Rio Grande Valley has some of the highest maternal death rates in Texas.
Almost half of the women aged 15 to 44 in Hidalgo County don’t have health insurance. So, they don’t receive regular checkups, and doctors don’t catch serious conditions, like gestational diabetes and pre-eclampsia, in time. This is not the patient’s fault.
There are not enough doctors, nurses, and staff in the Rio Grande Valley to serve the growing community. When hospitals do not have enough healthcare providers, patients are often harmed due to medical negligence.
Because of budget cuts, there are fewer specialty medical professionals available. This is dangerous when a patient needs a surgeon or anesthesiologist right away. These hospitals also have less experience using delivery tools, like forceps and vacuum extractors. This leads to more medical malpractice claims involving skull fractures and nerve damage.
Infections like chorioamnionitis and sepsis are not treated. Physicians fail to diagnose emergencies like ectopic pregnancy, placenta accreta syndrome, and postpartum hemorrhage. Many women are also seriously harmed due to medical negligence from D&Cs after miscarriages. This includes surgery mistakes and not doing the surgery.
Lead birth injury lawyer Beth Janicek and her legal team have over 30 years of experience representing victims in medical malpractice claims. Three of the law firm’s attorneys are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Only 2% of Texas lawyers are trusted in trials.
The firm also has Spanish-speaking birth injury lawyers in McAllen, TX, so you can communicate in the language you are most comfortable with.
You deserve answers. Contact us today for a free consultation by calling 210-366-4949 or using the contact form. 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.”
Common Cases Our Birth Injury Lawyers in McAllen, TX, Handle
Our birth injury lawyers in McAllen, TX, often provide legal representation for medical malpractice claims involving the following and more:
Birth Injury | What Happened |
|---|---|
Brain damage during delivery that affects movement, muscle control, and other lifelong disabilities. | |
Brain injury caused by oxygen deprivation (the baby is without oxygen for too long) during labor or delivery. | |
Nerve injury in the shoulder or arm, often from pulling too hard during or bad use of delivery tools, like vacuums or forceps. | |
Baby’s shoulder gets stuck. This can lead to nerve damage or oxygen deprivation if not handled quickly. | |
The baby’s skull is injured, which is often due to improper use of delivery tools or too much pressure during delivery. | |
Injuries to the mother, such as hemorrhage, uterine rupture, surgical errors during C-section, or organ damage. | |
A severe pregnancy condition involving liver problems and low blood platelets, usually from untreated preeclampsia. | |
The cord is squeezed or comes out first, cutting off oxygen to the baby. | |
Infection in the uterus or amniotic fluid can harm both mother and child. | |
Baby breathes in meconium (poop), causing breathing problems and lung damage. | |
The placenta grows too deeply into the uterus, causing dangerous bleeding. | |
A baby has very high bilirubin (yellow in the skin and eyes) that is not treated in time, which can cause permanent brain damage. |
If your child suffered a birth injury that isn’t on this list, call our law firm to see if we can help.
Maternal Death and Infant Wrongful Death in McAllen, TX
When a pregnant woman or infant dies due to medical negligence (mistakes or lack of medical care) before, during, or shortly after labor or delivery, a McAllen, TX, birth injury lawyer can help file a wrongful death claim.
These medical malpractice cases are about situations where the death could have been preventable, but healthcare providers failed to listen to the patient, act quickly, or use good judgment.
Our birth injury lawyers help families seek compensation and justice through medical malpractice claims. We fight for insurance companies to cover medical bills, funeral costs, and the emotional distress the loss of life caused the family.
Maternal Death
Maternal wrongful death means the child’s mom dies during pregnancy, childbirth, or shortly afterward. This can occur because of severe bleeding, high blood pressure (pre-eclampsia or eclampsia), infections, or surgery errors.
Infant Wrongful Death
This happens when the infant dies before, during, or shortly after it was born because of medical negligence. Common causes of infant wrongful death include lack of oxygen, not performing a C-section in time, or ignoring warning signs.
Common Causes of Birth Injuries in McAllen, TX
Cause | How Medical Negligence Contributes |
|---|---|
Failure to monitor fetal distress | Missing or ignoring fetal distress (signs that the baby is not ok). This is the most common preventable cause of birth injuries. |
Delayed C-section | An emergency C-section is not done quickly. The oxygen deprivation can cause brain damage. |
Improper use of forceps or vacuum | Too much force is used during delivery, causing head injury, brain bleeding, or nerve damage. |
The baby’s shoulder gets stuck, but healthcare providers pull instead of using safe techniques. | |
Failure to diagnose preeclampsia and eclampsia complications | High blood pressure isn’t treated or monitored, leading to seizures, stroke, or oxygen loss. |
Gestational diabetes mismanagement | High blood sugar is not controlled, leading to a large baby and a higher risk of complications. |
Uterine rupture and labor-induction mediation mistakes | Labor starts or speeds up too fast, causing dangerous contractions that can harm the baby. |
Infections like Group B Strep or uterine infection are missed or not treated, leading to serious illness or brain injuries. | |
High-volume staffing failures | Medical professionals are too busy, leading to missed warning signs, mistakes, and taking too long to act. |
Communication breakdowns | Important information isn’t shared correctly between medical providers. This can also happen when patients or families don’t fully understand instructions due to language barriers. |
Anesthesia and epidural malpractice | Pain medication or anesthesia is given incorrectly or not monitored properly. |
Hidalgo County Hospitals Our McAllen Birth Injury Law Firm Investigates
Universal Health Services (UHS) and HCA Healthcare operate both local healthcare systems. These are powerful companies with aggressive legal teams. When a medical provider causes harm, the company will send major resources to minimize liability (how responsible they are). Our birth injury lawyers in McAllen, TX, have experience building hospital negligence lawsuits against UHS and HCA and understand what to expect.
| Parent Company | Details |
|---|---|---|
UHS | The main hospital in McAllen. Has a Level III NICU and 24/7 medical providers for infants. | |
UHS | Large birthing center with labor and delivery suites and newborn care. | |
HCA | 5 Rio Grande Women’s Clinics across Hidalgo County: Edinburg, Alamo, and McAllen, TX. | |
Clinic for pregnancy care, exams, and help for uninsured patients. |
Why Black and Hispanic Women in McAllen Face Higher Birth Injury Risks
Women in the Rio Grande Valley face some of the highest pregnancy risks in Texas.
Risk Factor | What It Means for McAllen Families |
|---|---|
Over 30% of people living in the RGV have high blood pressure | High blood pressure while pregnant can lead to preeclampsia, seizures, stroke, and emergencies. These things are all preventable when medical staff monitor and treat it. |
This increases the risk of gestational diabetes, difficult labor, and C-section complications. If a woman has gestational diabetes, the baby can get too big. This leads to shoulder dystocia, emergency C-sections, and brain injuries that were preventable. | |
Without insurance, many women miss prenatal visits where doctors should catch problems early. If you rely on Medicaid, CHIP, or free clinics like the STHS Women’s Center in San Juan, you may receive less care during pregnancy, shorter appointments, or less care after giving birth. Many women are hurt because doctors never checked for serious conditions. | |
Infection is the #1 cause of pregnancy death for Hispanic women in Texas | 43% of pregnancy-related deaths in Hispanic women are caused by infections that healthcare providers fail to catch or treat. |
Black women in Texas die from pregnancy at 2.5x the rate of white women | This is true regardless of education or income. |
Hispanic women in the RGV have higher rates of long-term depression after birth | When medical providers don’t check for postpartum depression, mothers suffer in silence. If a new mom commits suicide after suffering postpartum depression, a birth injury lawyer in McAllen, TX, can help pursue justice and financial recovery. |
Many families speak Spanish first.
Most places give consent forms, instructions, and updates in English. If the patient can’t understand what’s happening during labor or can’t explain what she feels, symptoms are missed. If a mother tells a nurse something is wrong, she deserves to be understood. When she isn’t, and she or her child suffers harm caused by this failure, a McAllen, TX, birth injury lawyer can help seek compensation.
Families in the colonias face even bigger barriers.
Many places don’t have paved roads or ways to get to hospitals. When something goes wrong, it takes longer to get there. If a medical provider knows this, it changes what “reasonable care” requires in practice. Their duty in that situation can include:
- See the patient more often
- Put the patient in the hospital more quickly
- Tell the patient what to do in emergency situations (bleeding, baby stops moving, severe pain, heart racing, or other symptoms), like how and when to call 911, what to tell the person, what to do while waiting, and give them a backup plan
- Put all these conversations in the medical record
- Avoid having them at home if they are high-risk
Texas law requires medical professionals to make good decisions based on how long it will take for the patient to receive care. If they don’t, a birth injury lawyer in McAllen, Texas, can help.
Pregnant women in Starr County are at a high risk.
Starr County Memorial Hospital is the only one in the county. Nearly 40% of women there have no insurance. When those families arrive at an Edinburg or McAllen hospital already behind on prenatal care because there was nowhere closer to go, medical staff still owes them the same duty of care.
You should not receive worse care because of your language, insurance, or where you live. If your child was injured during delivery at a Hidalgo County hospital and you believe the healthcare providers did not listen, take action fast enough, or give you the care you deserved, you may have a legal claim.
A birth injury lawyer in McAllen, TX, is ready to listen. Hablamos español. Call 210-366-4949.
Financial Compensation in McAllen Birth Injury Cases
“Damages” or “financial compensation” is the money a family may receive after a birth injury caused by medical malpractice or mistakes. These help your child get treatment and support after a preventable birth injury. They also pay for how your child’s birth injury hurt your family.
Our birth injury lawyers in McAllen, TX, fight for full compensation on behalf of families affected.
Type of Compensation | What The Money Covers |
|---|---|
Medical expenses | Medical bills, surgeries, medicines, medical equipment (wheelchairs, modifying your home and car, etc.), life-care planner, therapy, and other treatment for the baby or mother. |
Future care | Therapy, special care, and long-term medical needs. |
Pain and suffering | The pain and emotional distress of the injury on the child and family. This can include depression, anxiety, grief, and PTSD. |
Money a parent loses if they must stop working, and future earning capacity(income) the child will never make due to lifelong disabilities. | |
Life changes | Extra costs and support that are because of the injury |
Medical malpractice damage caps in Texas: Damage caps for non-economic losses (the maximum amount you can receive for pain, suffering, stress, and emotional harm caused by the birth injury) are $250,000 per medical provider and up to $500,000 if multiple places are involved. This is a total of $750,000.
Families can receive full compensation for economic damages (medical expenses, funeral and burial costs, future treatment, lost wages, and all other financial losses. It does not matter how much these things cost; the person responsible has to pay them.
If you have any questions, contact us today for free. A McAllen, TX, birth injury lawyer can help you understand the legal process and procedures.
How McAllen Birth Injury Lawsuits Work
Step | What Happens |
|---|---|
Free consultation | Our experienced attorneys listen to what happened and explain your options. Help available in Spanish and English. |
Case review | If you move forward, we request and review medical records. |
Gather evidence and medical records | We gather medical records from pregnancy, delivery, and the hospital. |
Physician review | Our law firm hires a medical expert. They review what the medical staff did to see if there was a mistake. The medical expert will also provide expert testimony (telling the jury what happened using their expertise) if the case goes to court. |
File the case | We file the birth injury case in the 370th District Court or the 275th District Court. The statute of limitations (time to file) is two years under Texas law. |
120-day report | Your McAllen birth injury attorney will file a report with expert testimony within 120 days of filing. Texas law requires this. |
Case process | We exchange evidence with the insurance company and ask each other questions about the birth injury case. |
Settlement or trial | Our birth injury lawyers negotiate with the insurance company and tell them what we expect. Most insurers know that our legal team is good at trials, so they listen and usually give our clients what they deserve. |
McAllen Birth Injury and Birth Trauma Lawyers Serving the Rio Grande Valley
Our experienced attorneys represent families affected by birth injuries in McAllen and throughout South Texas.
Many nearby counties, including Starr, Willacy, Zapata, Jim Hogg, and Maverick, have very limited maternity care. This means mothers must travel to hospitals in McAllen, Edinburg, Harlingen, or Brownsville to deliver.
When serious birth injuries occur, our birth injury lawyers review the care, travel delays, and treatment to understand what went wrong.
Area | Communities We Serve |
|---|---|
McAllen | All neighborhoods, including Tres Lagos, Sharyland, La Vista, and Loma Linda. |
Edinburg | The STHS Edinburg Birthing Center, the UTRGV area, Edinburg North, and Monte Cristo. |
Mission and Sharyland | The Mission Regional Medical Center area, Sharyland Plantation, and Palmhurst. |
Pharr and San Juan | The STHS Women’s Center in San Juan offers free pregnancy outreach for uninsured families. |
Weslaco and Mercedes | The Knapp Medical Center area. |
Donna and Alamo | Rio Grande Women’s Clinic–Alamo and surrounding rural communities. |
Brownsville | Valley Baptist–Brownsville, Valley Regional Medical Center, Los Fresnos, Rancho Viejo, and Olmito. |
Harlingen | Valley Baptist–Harlingen, San Benito, La Feria, Santa Rosa, and Palm Valley. |
Starr County | Rio Grande City, Roma, and La Grulla. Starr County has a 39.6% uninsured rate among childbearing-age women. |
Willacy County | Raymondville, Lyford, and Sebastian. |
Hidalgo County colonias | Unincorporated communities with limited road access, transportation, and healthcare infrastructure. |
Zapata County | Zapata, San Ygnacio, and the Falcon Lake area. |
Laredo and Webb County | Laredo, Rio Bravo, El Cenizo, and Webb County colonias. |
Jim Hogg County | Hebronville and Guerra. |
Corpus Christi and Nueces County | Corpus Christi, Portland, Robstown, and Alice. |
San Antonio and Bexar County | Our San Antonio-based birth injury law firm serves clients throughout central and south Texas. |
Surrounding San Antonio | New Braunfels birth injury, Seguin birth injury, Cibolo birth injury, Converse birth injury, Universal City birth injury, and the surrounding areas. |
Don’t see your community? We serve all of South Texas. Call 210-366-4949. Hablamos español.
McAllen Birth Injury FAQs
How do I know if my baby's birth injury was caused by medical negligence?
It is not always clear right away. Some birth injuries cannot be prevented, but some are due to medical negligence.
Warning signs:
- The doctor or nurse did not act fast when the mom or baby was in danger
- A C-section was not done in time
- Medical equipment used the wrong way
- The baby’s heart rate was not checked closely
- The baby did not get enough oxygen
Common injuries:
- Brain injury
- Cerebral palsy
- Nerve injury (arm or shoulder)
- Broken bones
What you can do:
- Ask for your medical records
- Speak with a birth injury lawyer
It is important to ask questions. Some birth injuries are caused by medical mistakes.
How long do I have to file a birth injury claim in Texas?
Many birth injury cases must be filed in two years. Under Texas law, you may have more time for a child’s claim. You need to speak with a birth injury attorney fast so they can gather evidence and explain your legal rights.
Can I get help if I was on Medicaid or didn't have insurance?
Yes. You can still file a birth injury claim and get legal help even if you had Medicaid or no insurance.
What matters:
- You can seek compensation if a medical professional (doctor, nurse, or birthplace) made a mistake.
- Your insurance does not matter.
- You may have to pay Medicaid back if you get a settlement or jury award. This is called a lien.
Simple answer:
If a medical mistake (medical malpractice) caused your baby’s injury, you still have the legal right to seek compensation (money) for medical expenses and other losses.
How can a birth injury lawyer help if I delivered my baby at UHS or HCA?
A birth injury attorney can help if your baby was born at Rio Grande Regional Hospital, South Texas Health System McAllen, or South Texas Health System Edinburg, all owned by UHS and HCA.
A birth injury lawyer in McAllen, Texas, can help you understand what went wrong and pursue compensation if your baby was injured during delivery by the following:
- Reviewing complex medical records
- Determining if a medical mistake happened during birth
- Working with medical experts who have special expertise and provide expert testimony that is needed under Texas law
- Talking to the insurance companies and fighting for you
How much does it cost to hire a McAllen birth injury lawyer, and what does a contingency fee basis mean?
Nothing up front. Our birth injury lawyers work on a contingency fee basis. This means you pay no attorney fees unless we win your case. We pay all costs upfront.
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