We Fight for You
Photo of professionals at Winckler & Harvey PLLC

Has A Birth Trauma Shattered Your Child’s Life?

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’s difficult enough to come to grips with what happened. Struggling with the financial fallout isn’t something you should also have to deal with.

Free Consultation And Contingency Fee Representation

Winckler, Harvey & McConnell, LLP, is one of Texas’ leading medical malpractice law firms. We are ready to help you fight for the full and fair compensation your family needs for your child’s care after a birth injury. Contact us for a free consultation about your birth injury case.

Our lawyers have extensive experience in medical malpractice claims involving birthing complications such as:

  • Traumatic brain injuries
  • Cerebral palsy
  • Hypoxic ischemic encephalopathy (HIE)
  • Perinatal asphyxia
  • Intracranial hemorrhage
  • Subarachnoid hemorrhage
  • Fetal bradycardia (low heart rate)
  • Umbilical cord prolapse
  • Nerve damage
  • Paralysis
  • Ruptured uterus
  • Epilepsy

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

At the root of any birth injury claim is negligence. 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, and any number of factors (as well as any number of parties) may be responsible for the preventable harm that occurred.

We Don’t Just Guess At Your Financial Losses

When you pursue a birth injury claim, you need to seek compensation for the full extent of financial damages. Yet determining (and documenting) those damages requires astute legal analysis. It also requires in-depth knowledge of the complex issues at stake.

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 your case go to trial, however, you can rest assured that your rights are in capable hands. Attorneys Jay Winckler and Jay Harvey are Personal Injury Trial Specialists certified by the Texas Board of Legal Specialization and have earned an AV rating* through Martindale-Hubbell’s peer review process.

We’ll Take Care Of You

Our experienced attorneys and professional staff understand the emotional concerns that go along with these difficult circumstances. Here, you will find compassionate, responsive client service.

“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.” — Attorney Jay Winckler

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.


Mr. Winckler, I just wanted to tell you how much I appreciate all that you and your law firm did for me. I finally have closure on a pain that occurred 6½ years ago and that means a lot to me…
Tom & Family

Thank you Law Firm of Winckler & Harvey and all associated with our case. We are the utmost appreciative with all your dedication, time and hard work. Truly there are no words that can express our thanks…

I want to thank you for how you and your staff handled my med mal case. Thank you for the kindness you showed me during a trying time, for handling my case with the utmost professionalism and for your…

Thank you for your expertise and knowledge that led us so successfully through a very difficult trial. Your wise counsel, support and calm demeanor offered us most needed assurance as you guided…
Everett & Marilyn

During a very dark time in our lives, the team at Winckler & Harvey treated Angela and me with respect, dignity and worth. We learned very early on that it isn’t easy these days to get someone to pick up a Medical…