Houston Birth Injury Lawyers

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Houston Birth Injury Lawyers

Fighting For Your Baby's Future

Over 44,336 babies were born in Houston to families who hope for good health and prosperity. Most of these babies will come home from the hospital without any issues. However, other families will face an unthinkable reality: witnessing their child’s birth injury, brain damage, or untimely death.

No family imagines their baby will be the one to suffer from permanent injuries and complications at birth. But even though severe injuries and deaths are rare, the risk increases dramatically when medical professionals make careless mistakes.

Birth Injury Malpractice in Houston

OB-GYNs, maternal fetal medicine specialists, nurses, midwives, and other healthcare providers have a duty to protect their patients from harm.

When this duty (known as the “standard of care”) is breached and leads to preventable injuries, it constitutes medical malpractice

If you believe medical malpractice caused for your child's birth injury, you may be entitled to seek compensation. Our birth injury attorneys available in Houston understand how raising children with special needs can be emotionally and financially taxing on families.

Miller Weisbrod Olesky is committed to ensuring your child receives the best possible care and support. We will fight tirelessly to obtain justice on your behalf by holding all negligent parties accountable for their mistakes.

Free Legal Consultation
Birth Injury Lawyer in Houston
(888) 987-0005

With offices in Houston, our Birth Injury Lawyers are available to meet you in your home or the hospital.

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If are in Houston or any of our other service areas, Miller Weisbrod Olesky is available to review the facts of your birth injury case. We do this all at no upfront cost to you.

When you contact our law firm, we begin gathering important medical records and consulting with our large network of medical experts. We use our comprehensive legal review process to determine exactly how and why the birth injury negligence or wrongful death occurred.

At no point in our legal intake and lawsuit process will you have to pay any attorneys’ fees or expenses. The medical review of your case and the legal consultation are free. We only receive payment once you do.

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Houston Birth Injury Lawyers Making A Difference

Every birth injury law firm is eager to prove they are capable of handling big cases with multi-million dollar payouts. Miller Weisbrod Olesky's nationally recognized birth injury firm has been taking on high-profile medical malpractice cases for over 40 years. Our results and achievements speak for themselves.

We have direct experience working with families in Houston and surrounding areas like Katy, The Woodlands, Sugar Land, and more. Over the years, we have secured hundreds of millions of dollars in settlements and jury awards for our clients.

A Houston family’s welcoming of their newborn baby boy quickly turned into tragedy after doctors missed the signs of jaundice.

Despite elevated bilirubin levels, medical professionals let a typically harmless complication escalate into kernicterus brain damage. This resulted in neonatal seizures and developmental delays later in the child’s life.

Our Houston birth injury lawyers successfully recovered $5,180,000 to help the family afford early intervention therapies and specialist evaluations.

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Our specialized birth injury attorneys in Houston combine years of legal experience with a personal dedication to their each of their clients. Partners Clay Miller and Les Weisbrod are board-certified trial lawyers with years of experience litigating cases with multi-million dollar payouts. While partner David Olesky originally practiced medical malpractice defense, he has now spent years pursuing justice for birth injury victims.

Together, they’ve built Miller Weisbrod Olesky's reputation as not only a trusted leader in birth injury litigation, but also in birth injury legal education.

Les Weisbrod and the rest of our team remain committed to being the leading national birth injury law firm.

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More Than Just Legal Help

Unlike other firms, Miller Weisbrod Olesky gets our clients the care they need today, not just after their case ends. Birth injury litigation can take time; it can sometimes take years before a family receives compensation to cover medical costs.

We understand that a child’s birth injuries and needs can’t just go on hold. That’s why we assign our robust team of registered nurses and nurse-attorneys to each and every case.

Most birth injury law firms will employ one or two nurses to assist the review of cases and medical research. At Miller Weisbrod Olesky, we have a full team of in-house nurses lending their decades of combined experience to cases. We also assign a nurse-attorney liaison to each client’s team to guide them through their child’s medical treatment and evaluation.

While your case is ongoing, our nurse-attorneys help to coordinate the day-to-day medical necessities your child will need. This includes doctor’s visits, medical examinations, treatments and therapies, and transportation services to and from these appointments throughout the case.

Our nursing staff also lends their expertise to each case, analyzing and investigating the reasons behind each child’s birth injury. They work alongside our Houston birth injury attorneys to pinpoint where and how medical professionals breached their standard of care.

Our collaboration between knowledgeable legal professionals and experienced medical experts is what gives our firm the edge needed to succeed.

Do You Have a Birth Injury Case?

Birth injuries strike the most innocent of victims. Families deserve to know if better medical care could have prevented their child’s conditions, birth complications or death.

Sometimes people are hesitant to contact a birth injury malpractice attorney. Parents may feel overwhelmed by their circumstances and worry that a law firm won’t be able to help them.

But the path toward justice always starts with reaching out. Speaking with a dedicated Houston birth injury attorney who understands how medical errors cause preventable birth injuries can provide better understanding of your options..

If you live in Houston, Texas or any of our service areas, don’t hesitate to reach out. We are also available in surrounding cities throughout Harris, Montgomery, Brazoria, Galveston, and Liberty counties. You can contact Miller Weisbrod Olesky today through our toll-free line at (888) 987-0005 or fill out our online request form. We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case.

What Are Common Examples of Birth Injury Negligence?

From improper prenatal testing to delivery room errors, medical malpractice can occur at any point in the mother’s pregnancy. It can even happen after the baby’s birth. Among the most common medical mistakes that lead to birth injuries include:

Failing to Identify Fetal Distress

A baby’s heart rate during pregnancy and during delivery reveals critical information about their wellbeing. Healthcare providers must carefully monitor it during labor and delivery and in the time leading up to it.

Fetal Heart Rate Monitoring

A healthy fetal heart rate rests between 110 and 160 beats per minute (bpm). A non-reassuring fetal heart rate (known informally as fetal distress) is one with:

• Too much variability (increases and decreases rapidly)
• Absent variability (flatlining)
• Continual late decelerations after a mother’s contractions peak.

These are all signs that the baby doesn’t have enough oxygen. Oxygen deprivation during labor (known as perinatal asphyxia) is the leading cause of brain injuries like hypoxic ischemic encephalopathy (HIE).

Modern electronic fetal monitoring technology gives healthcare providers the opportunity to catch these concerning patterns before they cause permanent damage. Failing to monitor fetal heart rate strips or respond in time can increase the risk of hypoxic damage.

If a medical professional’s neglect to fetal distress causes preventable birth injuries, it may constitute a medical malpractice claim.

About Fetal Heart Rate Monitoring

Delaying an Emergency C-Section Procedure

C-Section Errors

A cesarean section delivery (or C-section) is a medical procedure where doctors manually deliver the baby through an abdominal incision. In Houston, over one third of all mothers deliver via C-section.

Though the procedure comes with risks, doctors sometimes have no other choice than to perform an emergency C-section. This occurs in cases where the baby is suffering from oxygen deprivation or other life-threatening complications requiring immediate delivery.

Delaying a C-section can dangerously restrict the baby’s access to oxygen, increasing the risk for brain damage at birth. Delayed C-sections are among the most common causes of brain injuries like hypoxic ischemic encephalopathy (HIE). HIE injuries are permanent and can lead to developmental delays and other disabilities like cerebral palsy.

Doctors must understand the urgency required in the delivery room when it becomes evident the mother will need a C-section. It is critical they have the proper tools and staffing so they can begin operating as soon as possible. Unnecessary delays can cause preventable birth injuries and qualify as medical malpractice.

About C-Section Errors

Missing Pregnancy Complications

Pregnancy Complications

Many things can be abnormal in an expecting mother’s pregnancy, from umbilical cord problems to placental complications.

Every mother’s experience during pregnancy will be different. It is important (for her and her baby) that she receives care from licensed healthcare providers during prenatal testing appointments.

Houston Maternity Care Deserts

While Harris County is fortunate to have full access to maternity care centers, less populated surrounding counties aren’t as fortunate.

Maternal wellness nonprofit March of Dimes classifies areas like Waller, Liberty, and Chambers County as “maternity care deserts”. These are places with severely limited or otherwise nonexistent access to maternal care.

Expecting mothers in these areas are more likely to have high risk pregnancies with greater chances for preventable birth injuries. They must receive adequate prenatal care to avoid potentially dangerous pregnancy complications from putting their baby’s health at risk.

About Prenatal Testing

Misuse of Labor-Inducing Medications

Doctors may decide to prescribe and administer labor-inducing medications to help ease the delivery process along. Medications like Pitocin and Cytotec can help induce stronger contractions or help with cervical dilation and effacement.

These medications can be beneficial in cases of post term pregnancy or prolonged and arrested labor. However, a dosage that’s too high can lead to severe injuries such as uterine hyperstimulation or tachysystole. These overly forceful and frequent contractions can cause severe oxygen deprivation and increase a baby’s risk for neonatal brain damage.

Doctors increase the risk for birth injuries when they improperly prescribe labor-inducing medications or fail to intervene when issues arise. When these errors occur and cause preventable injuries, a viable medical malpractice claim may exist.

About Labor Inducing Medication

What Are Common Birth Injuries in Houston?

Medical mistakes during labor and delivery can cause permanent injuries like brain damage at birth. This can impair a child’s physical and cognitive functioning for the rest of their life.

What Is Hypoxic-Ischemic Encephalopathy?

The most common brain injury at birth is hypoxic ischemic encephalopathy (HIE). HIE is an injury that occurs when the baby’s brain lacks sufficient levels of oxygen (hypoxia) or blood flow (ischemia).

Brain cells begin to die off when oxygenated blood is restricted from the brain for too long. This hypoxic-ischemic damage may manifest in the form of vision impairments, speech impairments, seizures and epilepsy, and delayed developmental milestones.

About HIE

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What is Cerebral Palsy?

Cerebral palsy is not just one condition. It is instead a group of neurological conditions that can affect a person’s movement, posture, balance, speaking, swallowing, and cognitive functioning.

Children with cerebral palsy often have varying levels of gross motor function control. Some children are able to walk with minimal assistance, while others will require assistive equipment such as walkers or wheelchairs for mobility. Other children may require communication devices to interact with others.

A cerebral palsy diagnosis will usually require lifelong care with treatments and therapies, medical procedures, medications to minimize symptoms, and more. Our Houston Birth Injury Law Firm is committed to securing fair compensation to cover these costs when they stem from medical malpractice.

About Cerebral Palsy

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How Do I File a Birth Injury Lawsuit in Houston?

Miller Weisbrod Olesky's attorneys, nurses, and supporting staff understand that parents of children with birth injuries feel overwhelmed. This is why we strive to ensure every client has the full attention and support of our trained, compassionate professionals.

We don’t just offer compassion: we offer a comprehensive process to put your family on the road to recovery. We can help determine whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical errors.

Here is a simplified step-by-step guide to the legal process once you contact our Houston Offices:

Step 1: Intake

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Step 2: Gathering Documents

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Step 3: Consulting With Medical Experts

These experts include obstetricians, neonatologists, pediatric neurologists, pediatric radiologists, nursing experts, life care planners, and economists. In some states (not Texas), we must get official written reports back from these experts before filing a lawsuit.

This entire medical record review process may take as long as six months to complete. We use this time preparing to manage all potential issues that may arise after the experts have reached their conclusions.

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Step 4: Case Review with An Attorney

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Step 5: Attorney Contract/Retainer Process

Once again, you will not pay any attorneys’ fees or expenses during this process. You will never owe a fee or reimbursement of expenses unless we make a successful recovery for you and your family. We believe in taking care of our clients during each step of this process. Please know that our Houston Birth Injury Lawyers are here to listen and help guide you during the entire journey.

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How Long Do You Have To Sue For A Birth Injury In Houston?

A statute of limitations (SOL) sets a time limit on how long a claimant has to file a lawsuit. Statutes of limitations can vary greatly based on the type of case and the state where you are filing. For instance, the deadline for birth injury claims is typically different from other claims like injury to personal property.

Texas Civil Practice and Remedies Code Chapter 74.251

For adults, the statute of limitations in a Texas medical malpractice lawsuitlawsuits is generally 2 years from when the negligence occurred. For children, the statute of limitations is slightly different. Parents typically have until the day of the child’s 14th birthday to file a birth injury medical malpractice claim.

However, Texas also has a statute of repose that sets an absolute limit on all healthcare liability claims. It states that no one may file a claim 10 years after the date of the negligence. All claims to recover childhood medical expenses belong to the parents as minors cannot legally file on their own.

Depending on the case, you may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). Examples include if the negligent party was a local or state government hospital, or if the doctors are government employees.

In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. The time period in which you must give "notice" may be shorter in these cases.

The court will typically dismiss your case if you file it outside the statute of limitations. However, certain exceptions exist to the rules when the injured party is a child.

Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for your child’s birth injury, it’s in your best interest to quickly contact an attorney. Speaking with one of our birth injury attorneys in Houston can clear up any confusion you may have related to filing.

How Can Our Houston Birth Injury Lawyers Help?

A child’s birth injury can drastically alter your entire family’s life trajectory within minutes. Miller Weisbrod Olesky's mission is to help the victims of birth injury negligence by pursuing medical malpractice claims against responsible parties.

We know better than most how expensive birth injury treatment can get. We have witnessed first-hand the financial strain that lifelong medical bills place on families. This is why we will fight tirelessly to secure the compensation that your family deserves.

When you hire a Houston Birth Injury Lawyer to represent your family, you become part of our strong support system. We will do everything in our power to get your child the care they deserve.

We do not charge any fees unless we win your case. The legal consultation and case review process are free of charge. We have offices in Houston and handle cases against major hospitals throughout the entire metroplex. We have also represented clients from surrounding cities like Katy, The Woodlands, Pasadena, Sugar Land, Pearland, and more.

Contact us today if you live in Houston, Texas, or any of our service areas across the country. You can call our toll-free line at (888) 987-0005 or fill out our online request form. After submitting an online form, someone from our Houston offices will be in contact as soon as possible.

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Birth Injury and Disability Resources in Texas

Texas Parent 2 Parent (TxP2P)

Texas Parent to Parent (TxP2P) is a non-profit organization based out of Austin, Texas. The group is specifically committed to helping families of children with disabilities by connecting parents together.

Founded in 2001, the group hosts a variety of different free resources on its website. These range from training videos to mentorship programs where parents can speak with other parents and connect.

Texas Parent 2 Parent (TxP2P)

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SPEDTex

An affiliate of the Texas Education Agency, SPEDTex is an organization helping families navigate their special-needs child’s access to education. Their website can help both families and educators understand the rights outlined in the Individuals with Disabilities Education Act (IDEA). It also outlines the process for getting an approved Individualized Educational Plan (IEP) and/or 504 Plan.

The SPEDTex website also has featured resources to help parents learn how to address school challenges. Parents can voluntarily participate in focus groups discussing their child’s experiences with the Texas special education system.

SPEDTex

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Texas Brain Injury Support Group Locator

This interactive map highlights verified support groups for families of children who have suffered a brain injury. The map features over 50 support groups across the state with detailed information on meeting times, locations, and contact information.

Texas Brain Injury Support Group Locator

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March of Dimes

March of Dimes is a non-profit organization committed to:

• Publishing maternal and fetal healthcare data
• Fundraising for lifesaving research
• Advocating for stronger maternity care across the nation.

The March of Dimes website features a wide variety of research and public health data reports. They also include links to donate and find support in your area.

March of Dimes

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Local Birth Injury and Disability Resources in North Texas

University of Houston: Families Can Project

The UofH Families CAN project offers parent-to-parent services for families of children with special healthcare needs. The program compiles resources and links on their website to organizations that support Houston residents. They also offer educational trainings, after school programs, charity events, referral information, parent support groups, and more.

(Free Services & Referrals, Community Outreach, Educational Programs & Presentations)

UofH Families Can Project

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The Arc Harris County

The Arc is a non-profit outreach organization with chapters nationwide supporting children with developmental disabilities. They support a wide range of support groups and organizations dedicated to providing community resources to families of these children.

The Arc Harris County

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The above resources can be extremely helpful for supporting a child who has suffered a traumatic birth injury. These resources include:

• specialized treatment programs
• support groups for parents
• educational materials on managing and coping with birth injuries
• access to medical professionals who specialize in treating such injuries

Birth Injuries can leave you feeling overwhelmed or worried about your child’s future and their daily challenges. Joining a community and talking to others about what you may be going through can make you feel less alone.