Austin Birth Injury Lawyers
Few injuries are more heart-breaking than harm that needlessly occurs during childbirth. Babies with birth injuries often have their entire lives shattered before they even take their first breath. Mothers, too, can end up with tragic and life-altering trauma as a result of negligent medical care.
These injuries also have long-term financial repercussions. Brain damage, paralysis or cerebral palsy, for example, might require a lifetime of round-the-clock care – perhaps even in an institution. Vast financial resources may be necessary to provide your child with the quality of life he or she deserves.
As a parent, it can be difficult to navigate the road ahead without a constellation of professional services, including legal help.
“Birth injury cases aren’t just about recovering the money your family needs. We work to ensure that your legal needs are taken care of as your case progresses toward a full and fair settlement or trial.”
– Jay Winckler
Free Consultation and Contingency Fee Representation
Winckler, Harvey & McConnell, LLP, is one of Texas’ leading medical malpractice law firms. Our clients know that when we accept a case, we are ready to fight for the full and fair compensation a family needs for their child’s care after a birth injury. Contact us for a free consultation to discuss your circumstances.
- Traumatic brain injuries
- Hypoxic ischemic encephalopathy (HIE)
- Perinatal asphyxia
- Intracranial hemorrhage
- Subarachnoid hemorrhage
- Fetal bradycardia (low heart rate)
- Umbilical cord prolapse
- Nerve damage
- Paralysis
- Ruptured uterus
- Epilepsy
- Cerebral Palsy
For reasons that aren’t entirely understood, Texas has an alarmingly high maternal death rate. In 2012 alone, more than 50 mothers died from pregnancy and childbirth complications, according to the Texas Maternal Mortality and Morbidity Task Force. The leading causes of death include cardiac events, postpartum hemorrhaging, eclampsia, medication overdoses and sepsis.
How These Injuries Happen
Negligence is frequently at the root of any birth injury claim. This means someone on your care team – whether a nurse, OB-GYN, family physician or even the hospital itself – didn’t do their job (or didn’t do it well).
Negligence refers to a lapse in care, whether an action or omission. Examples include:
- Failure to perform adequate fetal monitoring (or to properly interpret the readouts)
- Failure to order a Cesarean section in a timely manner
- Failure to perform the C-section in a safe manner (for example, by committing surgical errors)
- Failure on the part of nurses to report symptoms to the doctor
- Failure to detect a breech (or other problematic) presentation
- Misuse of forceps or vacuums in assisted deliveries
- Misuse of labor-inducing drugs such as Pitocin
- Failure to identify and treat infections
- Failure of the hospital to keep labor and delivery units properly staffed
- Failure to diagnose and treat problems such as:
- Placenta previa
- Placenta abruption
- Pre-eclampsia
- HELLP syndrome (hemolysis, elevated liver enzymes, low platelet count)
- Macrosomia
- Gestational diabetes
- Cephalopelvic disproportion
- Rh incompatibility
- Intrauterine growth restriction
- Jaundice
These are just a few of the ways that birth injuries occur. Of course, every case is different. There are multiple factors and potentially several responsible parties that may be liable.
We Don’t Just Guess at Financial Losses
When our legal team pursues a birth injury claim, we aim to seek compensation for the full extent of financial damages for our clients. Determining and documenting damages requires intricate financial and legal analysis. It also requires in-depth knowledge of the complex legal issues.
Our attorneys work with a network of the top independent experts in the field of life care planning and medical treatment. We prepare every case as if it is going to trial. When the malpractice insurance company sees we have the facts in hand, they are typically ready to come to the negotiating table with a fair settlement.
Should the case go to trial, however, our legal team has experience fighting for our clients’ rights and pursuing the optimal compensation for their case. Our lawyers’ combined in-depth knowledge and skill in handling complex litigation have given them a distinct ability to achieve favorable results for a wide range of clients.
Jay Harvey is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been included on the Best Lawyers list since 2006. He has served as president of the Texas Trial Lawyers Association and currently serves on its board.
Sean A. McConnell has been selected for inclusion in Texas Super Lawyers’ Rising Stars list since 2020 and serves on the board of the Texas Trial Lawyers Association.
Sean and Jay have each received a Gold AV rating* through Martindale-Hubbell’s peer review process.
Founder Jay Winckler is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been included on the Best Lawyers list since 2009.
We’ll Take Care of You
Our experienced attorneys and professional staff understand the emotional concerns that go along with these difficult circumstances. Here, our clients find compassionate, responsive legal service.
We invite you to take the first step by contacting us. There are no attorney fees unless we help you recover money for your claim. From our offices in Austin, we represent clients throughout the state.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review RatingTM fall into two categories – legal ability and general ethical standards.