From the uncertainty of providing long-term care to the emotional burdens of knowing that a medical provider’s mistakes harmed your child, the challenges of a birth injury can feel overwhelming. To get the support and guidance that you need, including learning how to pursue a better tomorrow through fair financial compensation, come to James Wood Law. Our experienced birth injury lawyers are committed to helping families in Dallas fight for justice and compensation, so they can give their children the comfortable lives that they deserve.
With thorough knowledge of Texas liability law and extensive experience in medical malpractice cases involving birth injuries, we are here to guide you through the complex process of demanding compensation through the civil court system. If your child has suffered a birth injury due to medical negligence, you don’t have to face it alone—James Wood Law is here to help.
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I had a need for a malpractice attorney and tried many different law offices that advertise on the internet until I found James Wood. I was amazed that I immediately got to speak with Attorney Arslan Umarov. He was incredible-an outstanding human being, an amazing lawyers, a devoted husband and father, and a great son. His father, Sanjar Umarov, was in prison for four years for political reasons, and Arslan fought and successfully obtained his father's release after a long battle. With an impressive track record, he handled my case like no other lawyer. He worked extremely hard with great strategy, found the best expert witnesses, and took very helpful depositions. He is not afraid to go to trial.
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As a physician myself, I know that without the Woods Law Firm and Arslan Umarov, I wouldn't have achieved the amazing results he got for me. If you need a personal injury attorney, this office is the one you need.
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My surgery was botched, nearly ending my life, and aftercare was inadequate. James Wood Law represented me in the lawsuit. They constantly exhibited vast experience, superb knowledge, and great strategy. They made sure I understood everything and sought my input. Both parties settled satisfactorily. Five stars are not enough.
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Birth injuries are often the result of preventable medical or system errors. While complications in childbirth are not uncommon, healthcare professionals are expected to act swiftly and skillfully when problems arise. When they fail to meet this standard, serious and lasting harm can result. If another medical provider in the same situation reasonably could have prevented the birth injury, then the case might constitute medical malpractice that calls for legal action against the medical provider and/or medical institution.
Common causes of birth injuries that lead to lawsuits include:
Prenatal negligence: Failure to diagnose or treat medical conditions such as gestational diabetes or preeclampsia during pregnancy. Ignoring maternal infections that can harm the baby if left untreated.
Errors during labor and delivery: Improper use of medical tools like forceps or vacuum extractors, causing trauma to the baby. Delays in performing necessary procedures like C-sections.
Failure to monitor: Ignoring signs of fetal distress during pregnancy, labor or delivery, such as abnormalheart rates or oxygen deprivation. Lack of attention to maternal complications during labor including abnormal vital signs, bleeding or signs of impending placental abruption.
Medication or anesthesia mistakes: Administering the wrong medication, or an incorrect dosage or mis-use of Pitocin (Oxytocin) during labor and delivery causing complications for the mother or unborn baby resulting in permanent damage.
Failure to ask for help: Ignoring warning signs of fetal distress and failing to timely request provider or specialist assistance.
Failure of the healthcare system to have adequate policies and training: injury to the mother or baby caused by a healthcare system failing to have safety policies in place, failing to follow policies or failing to train providers.
Examples of Birth Injuries Caused by Negligence
Birth injuries can vary widely in severity and type, such as:
Bone fractures: Broken bones, such as the collarbone, which can happen if improper techniques are used during birth.
Cerebral palsy (CP): Often caused by oxygen deprivation, this condition affects motor skills and muscle tone.
Erb’s palsy: Nerve damage in an arm or shoulder due to excessive pulling during delivery.
Brachial plexus injuries: Arm and nerve damage similar to Erb’s palsy but which may manifest in different symptoms.
Facial nerve damage: Often caused by the misuse of forceps or other tools during delivery.
Hypoxic-ischemic encephalopathy (HIE): A brain injury caused by a lack of oxygen during labor or delivery.
C-section complications: Caused by surgical errors or unsafe delays once a C-section becomes medically necessary.
Failure to monitor: Medical providers must monitor an unborn child’s fetal heart rate prior to labor and delivery for signs of distress.
Multiple Verdicts and Settlements Obtained of $1 Million or More
Tried More Than 30 Cases to a Jury & Settled More Than 250 Cases
Board Certified Trial Lawyer by the National Board of Trial Advocacy
Rated AV Preeminent® by Martindale-Hubbell®
SuperLawyers in Medical Malpractice Law
Filing Birth Injury Claims in Dallas, Texas
Texas has specific rules when it comes to medical malpractice cases, which include birth injury cases caused by medical negligence. You can count on James Wood Law to walk you through every part of your claim, so you don’t need to worry about making any missteps regarding Texas laws and requirements.
Specific considerations that may come up when filing a birth injury claim in Dallas include:
Statutes of limitations: Texas law allows parents to file a claim on behalf of their child until the child’s 12th birthday. However, it’s best to act as quickly as possible because evidence and recollections can fade over time. Furthermore, the statute of limitations could be reduced to just two years in rare cases, depending on the circumstances that led to the child’s injuries.
Damage caps: Non-economic damages (such as pain and suffering) are usually capped at $250,000 per healthcare provider or $500,000 for healthcare institutions in medical malpractice cases, including birth injury cases. Damage caps do not apply to economic damages (such as medical costs), though.
Expert witnesses: Texas law may require you to arrange for an expert medical witness to certify the validity of your claim early in the claim process. If you hire our legal team, we can take care of all interactions with an expert medical witness for you.
In a birth injury case, you can pursue economic damages that have affected you and your child. Current and future medical expenses, such as surgeries, physical therapy, or medications, are the most common types of economic damages in Texas birth injury cases. The cost of getting assistive devices, home modifications, mobility aids, specialized education programs, and in-home nursing care may also add to this damage total. If you must reduce your work hours or leave your job to take care of your child, your lost wages can also be considered when filing a claim.
On the other hand, we can pursue non-economic damages that do not take a tangible form but are no less important than economic damages. Pain and suffering experienced by your injured child and the emotional distress endured by your family could be the two largest forms of non-economic damage to include in your claim. Loss of quality of life for your child, including reduced opportunities for personal and professional development, might also be reasonably added to the non-economic damage total that we pursue.
Start a Birth Injury Case – Call Today
Navigating the legal complexities of a birth injury claim in Texas can be made much simpler by allowing James Wood Law to lead the way. Our Dallas birth injury attorneys are always ready to hear from new and returning clients who need our help, and we also accept many cases through referrals. If you want to know what you can do to seek justice for your child after a medical mistake caused a life-changing birth injury, talk to someone from our legal team today.
How long do I have to file a birth injury claim in Texas? Under Texas law, parents generally have until their child’s 12th birthday to file a claim for birth injuries. However, the statute of limitations could be much shorter, so you should act as soon as possible and talk to an attorney.
What if I’m not sure if my child’s injury was caused by negligence?
If you suspect medical negligence but are unsure, consult an experienced birth injury attorney. At James Wood Law, we ask that you bring any relevant medical records to your initial consultation, which will help us determine whether malpractice occurred and what you should do next if it did.
Can I afford to hire an attorney for my birth injury case? Yes, we work on a contingency fee basis, meaning you only pay attorney fees if we end your case in your favor. This payment system allows you to hire trustworthy legal counsel, even if the consequences of your child’s birth injury have put you in a difficult financial situation.
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