Austin is known for its innovative medical centers, family-friendly communities, and a deeply invested local spirit. Yet, when something goes wrong during childbirth, the consequences can be profound and lasting for families. At Falcon Law Group, our Austin birth injury attorneys provide experienced, compassionate, and unwavering legal support for children and loved ones affected by preventable birth injuries. Se Habla Español.
Understanding Birth Injuries and Medical Malpractice in Austin
Birth injuries refer to harm suffered by a baby or mother during pregnancy, labor, or delivery. While some injuries may result from natural or unpredictable complications, many are the result of medical malpractice—when doctors, nurses, or hospitals fail to uphold the accepted standard of care. Common birth injuries include:
- Cerebral palsy caused by oxygen deprivation
- Brachial plexus injuries (such as Erb’s palsy) from improper handling of shoulder dystocia
- Brain injuries due to delayed C-section or failure to monitor fetal distress
- Skull or bone fractures from misuse of forceps or vacuum extractors
- Nerve damage, facial paralysis, or severe bruising
- Spinal cord injuries
Austin and U.S. Birth Injury Statistics
Birth injuries may seem rare, but recent data shows they remain a real concern for families in Austin and across the U.S. According to the CDC, about 7 out of every 1,000 live births result in a birth injury, meaning more than 25,000 infants nationwide each year are affected. These injuries range from mild to severe, but strikingly, over 80% are rated moderate to severe and can lead to long-term medical and developmental challenges.
In urban centers like Austin, access to advanced medical care typically helps keep injury rates lower than in rural communities, where challenges with timely medical intervention and specialist availability can contribute to higher risks. This makes prevention through careful monitoring and the use of best practices in labor and delivery critically important at all hospitals and birthing centers.
Birth injuries are also responsible for 20% of all infant deaths in the U.S., ranking as the fourth-leading cause of infant mortality. While these numbers reflect a national picture, Austin's hospitals work hard to improve outcomes. Despite these efforts, medical negligence remains an avoidable factor, highlighting the need for awareness and legal advocacy when preventable mistakes occur.
Steps to Take After Suspecting a Birth Injury
- Seek Immediate Medical Attention for your child and gather recommendations from specialists.
- Document Everything: Keep comprehensive records of medical tests, treatments, and bills.
- Gather Witness Accounts: Family, support staff, or friends present may have vital information.
- Preserve Physical Evidence: Take photos of visible injuries and save all diagnostic results.
- Consult a Birth Injury Lawyer: Secure experienced legal counsel to review your case and build an effective claim.
Liability in Austin Birth Injury Cases
Austin hospitals, OB/GYNs, nurses, and other care providers are legally required to act with reasonable skill and care during pregnancy, labor, and delivery. When providers fail by missing signs of fetal distress, delaying a necessary C-section, improperly using delivery instruments, or providing negligent prenatal care, liability for medical malpractice can arise. Multiple entities may be responsible, including:
- Delivering physicians or OB/GYNs
- Hospital or clinic administration
- Nurses, anesthesiologists, or attending staff
- Equipment manufacturers (if a device defect contributed to injury)
Statute of Limitations for Birth Injury & Medical Malpractice Claims in Texas
Texas law sets specific deadlines for birth injury and medical malpractice lawsuits:
- Two-Year Limit: Most claims must be filed within two years of the date the injury occurred or should have been discovered.
- Discovery Rule: If the injury was not immediately apparent, the time limit may begin when the injury is discovered.
- For Children: Minors under age 12 have until their 14th birthday to file.
- Exceptions: Certain fraud or concealment by providers may extend deadlines.
Early legal consultation is crucial, as delays risk missing the opportunity for justice and financial recovery.
Compensation for Austin Birth Injury Victims
Birth injury claims can recover compensation for:
- Current and future medical expenses (surgeries, therapy, assistive devices)
- Pain, suffering, and loss of enjoyment of life for both child and family
- Lost earning capacity or special care needs due to long-term disability
- Emotional distress and mental anguish
- Special education or in-home assistance
- Punitive damages in cases of egregious negligence
Why Choose Falcon Law Group?
Falcon Law Group stands by Austin families as legal advocates, counselors, and genuine allies. We approach every case with dignity, honesty, and determination—treating you as part of our extended family. Our team leverages medical experts, local resources, and a comprehensive understanding of Texas personal injury and malpractice law to maximize recovery for your family.
Begin Your Healing Journey
If your child suffered a birth injury in Austin and you suspect medical negligence, contact Falcon Law Group today for a free, compassionate consultation. Let our dedicated birth injury attorneys fight for the justice, security, and respect your family deserves throughout Austin, Travis County, and Central Texas.
