Welcoming a new baby should be one of the most joyful moments of your life. But when medical negligence turns that moment into a tragedy, the emotional and financial toll can be overwhelming. For families in Katy, Texas, birth injuries caused by preventable medical errors don’t just change a day; they change a lifetime. 

At Anderson Alexander, we stand with parents facing the unimaginable. We help you understand your rights, determine who’s responsible, and pursue the full compensation your child will need to live with dignity, support, and care. 

What Is Medical Negligence? 

Medical negligence occurs when a doctor, nurse, or hospital fails to provide care that meets the accepted standard in the medical community, and that failure causes harm. 

In the context of childbirth, negligence can include: 

• Failing to monitor fetal distress 
• Improper use of forceps or vacuum extractors 
• Delaying a necessary C-section 
• Administering the wrong medication or dosage 
• Ignoring signs of infection or complications 
• Inadequate prenatal care or failure to diagnose conditions in utero 

To prove negligence, we must show that: 

• A medical professional owed you and your baby a duty of care 
• That duty was breached through action or inaction 
• The breach directly caused injury 
• The injury led to damages (medical, financial, or emotional) 

What Is Considered a Birth Injury in Texas? 

A birth injury is any physical harm or neurological damage suffered by a baby (or, in some cases, the mother) during pregnancy, labor, delivery, or immediately after birth. In Texas, not every injury during birth qualifies as medical malpractice. It must be tied to avoidable errors or lapses in judgment made by healthcare providers. 

Examples include: 

• A baby deprived of oxygen during delivery due to a failure to act quickly 
• Nerve damage caused by incorrect instrument use 
• Undiagnosed infections leading to brain damage or sepsis 
• Shoulder injuries due to excessive force during delivery 

Birth injuries can range from temporary conditions that resolve with time to permanent disabilities requiring lifelong care. 

What Are the Most Common Types of Birth Injuries? 

The effects of a birth injury can be short-term or permanent. These are among the most frequently seen injuries we have seen in Katy hospitals: 

• Cerebral Palsy: This is a group of neurological disorders affecting movement, muscle tone, and posture, often caused by brain damage before, during, or shortly after birth. 
• Brachial Plexus Injury (Erb’s Palsy): This is damage to the nerves that control the shoulder and arm, often due to excessive pulling during delivery. 
• Hypoxic-Ischemic Encephalopathy (HIE): A brain injury caused by a lack of oxygen and blood flow to the brain, leading to developmental delays, seizures, or permanent disability. 
• Skull Fractures or Brain Bleeds: Trauma to the baby’s skull due to improper tool use or rough handling during birth. 
• Facial Paralysis: Nerve damage from pressure or forceps, potentially leading to permanent loss of movement on one side of the face. 
• Bone Fractures: Usually involving the clavicle or arms, especially in difficult or improperly managed deliveries. 

Each of these conditions can significantly impact your child’s quality of life, mobility, independence, and long-term care needs. At A2X, we fight for families who are facing these lifelong challenges not just to recover compensation, but to secure the resources, support, and justice their child deserves. We understand that your case isn’t just about numbers, it’s about your child’s future, which is taken seriously.   

When Can a Mother File a Birth Injury Claim? 

A mother may have a valid claim if her injury or health complication was caused by a healthcare provider’s failure to meet the standard of care, such as: 

• Misdiagnosing or failing to treat complications (e.g., preeclampsia, gestational diabetes) 
• Delayed or negligent response to signs of distress during labor 
• Improper use of forceps or vacuum extractors 
• Failure to perform a timely C-section 
• Surgical errors during a C-section 
• Anesthesia mistakes (e.g., epidural errors) 
• Infections caused by poor hygiene or improper procedures 
• Failure to control bleeding or monitor post-birth complications 

Here are some maternal birth injuries that could result in legal action: 

• Uterine Rupture: This occurs when the uterus tears during labor, often due to delayed C-section or VBAC (vaginal birth after cesarean) mismanagement. This can lead to hemorrhage, hysterectomy, or even death if not treated immediately. 
• Postpartum Hemorrhage: Excessive bleeding after delivery can be fatal if not quickly addressed. Failure to recognize and treat it promptly may constitute negligence. 
• Infection or Sepsis: Infections from unsanitary conditions, retained placenta, or improperly sterilized instruments can lead to serious illness or sepsis. 
• Anesthesia Complications: Negligent epidural placement or incorrect anesthesia dosage can cause nerve damage, paralysis, severe spinal headaches, or respiratory distress. 
• Pelvic Floor Injuries: Damage to the pelvic floor, bladder, or rectum due to forceful or mismanaged delivery, which may require surgical correction and can lead to long-term issues like incontinence or chronic pain. 

What Do You Need to Hold the Negligent Party Responsible? 

To hold a hospital, doctor, or healthcare provider accountable, Texas law requires strong legal and medical evidence. This includes: 

• Detailed medical records from prenatal care, labor, and delivery. 
• Expert testimony from independent physicians who can identify where the standard of care was violated. 
• Documentation of your child’s injury and the expected future impact. 
• Proof of damages, such as financial loss, pain and suffering, and the cost of care. 

In Texas, there are also additional legal requirements, including: 

• A medical expert report must be filed early in the case to validate the malpractice claim. 
• A strict two-year statute of limitations from the date of injury (with some exceptions for minors). 

A2X handles these requirements for you, ensuring no deadline is missed and no evidence is overlooked. 

What Compensation Can You Recover? 

Birth injury compensation must take into account not just your current expenses, but the lifelong impact on your child’s health and future. You may be entitled to recover: 

Economic Damages 

• Medical bills (hospital stays, surgeries, therapies) 
• Future medical care, including home nursing and equipment 
• Physical and occupational therapy 
• Special education or assistive devices 
• Lost future income or reduced earning capacity (if the child is permanently disabled) 
• Travel costs for out-of-area specialists 

Non-Economic Damages 

• Pain and suffering (for both child and parents) 
• Emotional distress 
• Loss of enjoyment of life 
• Impact on family relationships and responsibilities 

At A2X, we work with economists, life care planners, and medical professionals to project the actual cost of your child’s care over a lifetime, and fight for every dollar you're owed. 

Has a Birth Injury Affected Your Family? Talk to A2X.   

Hospitals and their insurers will do everything they can to deny wrongdoing or minimize your claim. Medical negligence cases are complex, emotional, and heavily defended, but you don’t have to face them alone. At A2X, we handle every legal aspect of your case so you can focus on your family. We consult with respected medical experts to prove negligence and build a case that fully captures the lifelong impact of your child’s injury. When hospitals, insurers, and defense attorneys try to avoid responsibility, we push back fiercely. We’re not just your lawyers, we’re your advocates. 

If you believe your child suffered a preventable birth injury in a Katy-area hospital, you may be entitled to compensation and justice. These cases require swift action, detailed investigation, and experienced representation. Schedule a consultation with A2X today. We’ll review your case, explain your rights, and help you take the first step toward holding the negligent parties accountable. Your child deserves the best possible future, and we’re here to help make that happen.