When a child is injured during labor or delivery, families may have a birth injury claim against the parties responsible for the harm. A birth injury case requires proof of distinct elements and generally demands extensive investigation and consultation with medical experts.
A successful birth injury claim can provide compensation for your child’s medical expenses (past and future), physical therapy/rehabilitation, medications, out-of-pocket expenses, and pain and suffering.
Elements of a Birth Injury Claim
To prove a birth injury claim in Texas, you must establish the same core elements required in a medical malpractice case.
Generally, you must prove:
- A duty of care. Medical providers owe a professional duty to provide care that meets accepted medical standards during pregnancy, labor, and delivery.
- Breach of the standard of care. You must show that the healthcare provider failed to act as a reasonably competent provider would have acted under similar circumstances. Examples may include failing to monitor fetal distress, misusing delivery tools, delaying a necessary C-section, or improperly managing oxygen levels.
- Causation. You must demonstrate that the provider’s negligence directly caused the child’s injury (rather than a genetic condition or unavoidable complication).
- Damages. Birth injuries often result in significant financial expenses and personal losses. These damages form the basis for financial compensation.
Each of these elements must be supported by credible evidence. Specifically, the breach element generally requires testimony from medical experts showing how the provider deviated from the relevant standard of care.
Evidence that Helps Prove a Birth Injury Claim
Birth injury cases typically utilize a combination of medical documentation, expert analysis, and factual records as evidence.
- Medical records. These may include prenatal records, labor and delivery notes, neonatal intensive care records, and more. These documents can reveal warning signs that doctors missed.
- Expert testimony. Qualified medical experts can explain the applicable standard of care and identify how it was violated. Experts also help establish the causal link between the negligent act and the child’s injury. Common experts include obstetricians, neonatologists, or pediatric neurologists.
- Diagnostic imaging and test results. Neurological assessments may show brain injuries consistent with oxygen deprivation or delayed intervention.
- Witness statements. Testimony from nurses, family members present during delivery, or other medical staff may provide insight into what happened in the delivery room.
- Life care plans and economic reports. These reports can be used to prove the long-term impact of the injury, including future medical expenses and therapy needs.
Your attorney must collect enough evidence to prove your case by a “preponderance of the evidence,” meaning it is more likely than not that your child was injured due to medical negligence.
Who Can Be Held Liable for a Birth Injury in Houston?
Birth injury liability may extend beyond a single doctor. Depending on the facts, multiple parties may share responsibility, including:
- Obstetricians or attending physicians
- Nurses and labor staff
- Hospitals and medical facilities
Identifying every responsible party is essential to securing full compensation. Under Texas proportionate responsibility laws, every party that contributed to your child’s injuries can be held responsible for their portion of damages.
If you believe your child’s injury could have been prevented, a Houston birth injury lawyer at Hampton & King can help you evaluate your legal options and fight for accountability. Contact us today to schedule a free consultation.