Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
Available 24/7 (214) 333-3333
The birth of your child should be one of the most joyful moments of your life. When something goes wrong during labor or delivery, that moment can turn into fear, confusion, and uncertainty about your child’s future. You may be facing unexpected medical complications, ongoing therapy, and the weight of long-term care your family never anticipated.
Many serious birth injuries are preventable. They happen because of medical negligence: doctors, nurses, or medical staff at Fort Worth hospitals who failed to recognize warning signs, delayed critical decisions, or made avoidable errors during labor and delivery. When that happens, Texas law allows families to seek answers and hold the responsible healthcare providers accountable.
At Frenkel & Frenkel, our Fort Worth birth injury attorneys help families navigate these complex and deeply personal cases. We work with independent medical experts to understand what went wrong, build strong claims, and pursue compensation that can support your child’s long-term care needs. While no legal outcome can undo the harm, it can help provide financial security and access to the care your child deserves.
We offer free consultations, and our Fort Worth birth injury attorneys handle these cases on a contingency fee basis. You pay nothing unless we recover compensation for your family.
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KEY TAKEAWAYS
Quick Answer
Do I need a lawyer after a birth injury in Fort Worth?
Yes, and time matters. Hospitals and their legal teams act quickly to protect themselves, often restricting access to records and building a defense immediately after an adverse outcome. You need an attorney who moves just as fast. Frenkel & Frenkel investigates what happened, preserves critical medical records and fetal monitoring strips, identifies every party that may be liable, and handles communications with the insurance companies so you can focus on your child's care and recovery. You pay nothing unless we win.
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If your child was injured during labor or delivery at a Fort Worth hospital, you may have a medical malpractice claim. The first step is to speak with a birth injury lawyer as soon as you can. An attorney can review the records, work with medical experts, and look at whether the injury could have been prevented.
Texas law has strict deadlines and special rules for these claims. The sooner you call, the more time your lawyer has to collect records, find the right experts, and build a strong case for your family.
Not every hard delivery involves negligence, but many serious injuries do. A birth injury may involve medical negligence when a provider fails to watch the fetal heart rate, waits too long to do an emergency C-section, uses forceps or a vacuum extractor the wrong way, or handles labor medicine the wrong way.
The legal question is simple: did the provider act the way a reasonably skilled healthcare professional would have acted in the same situation? That answer usually comes from a full record review and an opinion from a qualified medical expert.
The Difference Between a Birth Injury and a Birth Defect: A birth injury happens during labor and delivery. It is physical harm caused by something that went wrong in the delivery room. A birth defect develops before birth, often because of genetic or developmental factors. Birth defects are usually not part of a medical malpractice case, while birth injuries often are, especially when warning signs were missed.
What Is the Standard of Care?: In a Texas medical malpractice case, the key question is whether your provider met the standard of care. This means the level of treatment a reasonably careful healthcare professional in the same field would have given in the same situation. It is not a promise of perfect care. A bad outcome does not always mean someone was negligent.
The standard of care is shared in a labor and delivery setting. Obstetricians must read fetal monitoring strips and make timely choices. Nurses must watch both mother and baby, report warning signs quickly, and speak up when something is wrong. Hospitals must train staff, keep them qualified, and give them the tools they need to provide safe care.
Preventable vs. Unavoidable Birth Injuries: Some births involve true emergencies that cannot be stopped, even with skilled care. A cord prolapse or a sudden abruption can happen without warning. But many injuries are preventable. Delayed C-sections, missed fetal distress, and improper use of forceps or vacuum extractors are examples of mistakes that careful providers should avoid.
In Texas, if a provider helped create the emergency through earlier negligence, the tougher legal rule that applies in true emergencies usually does not protect that provider. A lawyer can review the full timeline and see what happened before, during, and after delivery.
Texas medical malpractice claims are governed by Chapter 74 of the Texas Civil Practice and Remedies Code. In general, you have two years from the date of the negligent act to file a lawsuit. For children, the law extends that deadline, and a claim for a child hurt at birth may usually be filed until the child turns 14.
There is also a hard stop called the statute of repose. No claim can be filed more than 10 years after the negligent act, no matter how old the child is. It is also important not to wait because a parent’s own claim for early medical expenses is usually subject to the normal two-year deadline.
Texas law divides damages in birth injury cases into two groups. Economic damages cover money losses, and Texas does not cap them. These damages may include past and future medical care, physical therapy, occupational therapy, speech therapy, assistive devices, home and vehicle changes, skilled home care, and lost future earning ability. In severe cases, the total can reach millions of dollars.
Non-economic damages cover pain, mental anguish, and loss of enjoyment of life. Texas caps these damages in medical malpractice cases. The current limit is $250,000 against all physicians and individual providers together, and up to $250,000 against a single healthcare institution, with a total cap of $750,000 in non-economic damages. Because economic damages are not capped, a detailed Life Care Plan is often one of the most important parts of the case.
Texas law says that within 120 days after each defendant files an answer in a medical malpractice case, the claimant must serve every defendant with a written expert report. A qualified medical expert must write that report. It must explain the standard of care, how the provider failed to meet it, and how that failure caused the child’s injury.
If the report is late or not good enough, the court must dismiss the case with prejudice and order the claimant to pay the defendant’s attorney’s fees. That is why birth injury cases require careful preparation from the start.
Quick Answer
Can I recover more compensation if multiple parties caused my child's birth injury in Fort Worth?
Potentially yes. Each liable party may carry its own insurance policy, and identifying multiple defendants can open up sources of recovery that a single-defendant case would not. That is one of the strongest reasons to work with an attorney who investigates the full picture, not just the most obvious provider.
Liable parties in Fort Worth birth injury cases may include:
Our attorneys have spent over Decades of Combined Legal Experience combined fighting for families affected by birth injuries and medical negligence. We have the knowledge and resources to take on even the most complex medical malpractice cases.
Our founding attorneys used to defend insurance companies. Now, they use that inside knowledge to fight for injured people like you. We know the tactics companies use, and we know how to counter them.
We have recovered over $1 Billion in settlements and verdicts for our clients.* For 16 straight years, our attorneys have been named among the Best Lawyers in Fort Worth.
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Birth injuries often come from clear mistakes in the delivery room. Our attorneys often look at these common causes:
Brain damage caused by a lack of oxygen-rich blood flow to the baby's brain during or around birth. HIE is one of the most serious birth injuries and a leading cause of lifelong neurological disability. Prompt medical intervention can make a significant difference in outcomes, but HIE is often caused or worsened by a failure to recognize fetal distress in time.
A group of permanent neurological disorders affecting movement, muscle tone, and posture. Many cerebral palsy cases are linked to brain injuries that occurred at or near birth, including oxygen deprivation and untreated HIE.
Damage to the nerves that control the arm, shoulder, and hand. These injuries can occur when excessive force is used during delivery or when shoulder dystocia is not recognized and managed properly.
Bleeding inside the skull caused by delivery trauma, including improper use of forceps or vacuum extractors. Intracranial hemorrhage can cause permanent neurological damage if not identified and treated quickly.
Breaks in the newborn's skull caused by excessive force during delivery. Skull fractures may be associated with deeper brain injuries that are not immediately visible.
Injury to the facial nerves caused by pressure or trauma during delivery. This can result in partial or complete facial paralysis.
When a baby's oxygen supply is reduced or cut off during labor or delivery, brain and organ damage can occur. Timely monitoring and intervention are essential to prevent permanent harm.
Complications that arise when the baby's shoulder becomes lodged during delivery. Without proper technique and prompt response, shoulder dystocia can cause brachial plexus injuries, fractures, and dangerous oxygen deprivation.
If a preventable birth injury results in the death of an infant, the family may have a separate wrongful death claim under Texas law in addition to any medical malpractice claim.
Frenkel & Frenkel handles birth injury cases on a contingency fee basis. There are no upfront costs and no attorney fees unless we recover compensation for your family. We offer a free first consultation so you can ask questions and understand your options with no financial pressure and no obligation.
Not always. For children injured at birth, Texas law generally allows a claim to be filed on the child's behalf until their 14th birthday. A parent's own separate claim for early out-of-pocket expenses may be subject to a shorter deadline. The sooner you contact a Fort Worth birth injury attorney, the better your options are likely to be. Early action protects evidence and gives your attorney more time to build a thorough case.
Hospitals and their legal teams often describe preventable injuries as unavoidable complications. That does not make it true. A Fort Worth birth injury attorney works with independent medical experts who review all records and compare the care your family received against the accepted standard of care. That independent review is the most reliable way to determine whether negligence played a role in what happened to your child.
Try to obtain full copies of the labor and delivery records, fetal monitoring strips, nursing notes, physician orders, anesthesia records, and NICU records as soon as possible. Fort Worth area hospitals are required to maintain these records, but having your own copies provides important protection. An attorney can also send a formal preservation request and obtain records through legal channels if needed.
Yes. A Fort Worth birth injury case can involve the delivering physician, labor and delivery nurses, an anesthesiologist, hospital-employed staff, or the hospital or birthing center itself. A thorough investigation identifies who was responsible. You do not need to have that answer before speaking with an attorney. That is part of what the investigation process is designed to determine.
Many birth injury cases in Fort Worth settle before they reach a courtroom. Some do proceed to trial, particularly when a doctor, hospital, or insurance company disputes fault or refuses to offer fair compensation. We prepare every case as if it may go to trial. That preparation gives us a stronger position in settlement negotiations and ensures your family is ready if the case does go before a jury.
Even well-regarded hospital systems make mistakes. A familiar name on the building does not mean every provider always meets the standard of care. Your child's future comes first. Speaking with a Fort Worth birth injury attorney gives your family independent answers about what happened and whether a claim may be appropriate, without any commitment or obligation.
