Texas Birth Injury Attorney — When Your Baby Was Hurt and Someone Should Have Prevented It

Nothing is more devastating than learning that your newborn child suffered a serious injury that could have been prevented. If your baby was harmed during pregnancy, labor, or delivery due to a doctor’s failure to act, a delayed C-section, improper monitoring, or any other medical negligence — your family deserves answers and your child deserves justice. RTM PLLC represents birth injury families throughout the Dallas-Fort Worth Metroplex and across Texas, fighting to hold negligent hospitals and medical providers fully accountable for the lifelong harm they caused.

Birth injury cases are among the most complex and highest-value cases in Texas law. They require medical experts, thorough review of fetal monitoring records, and attorneys who understand both the medicine and the litigation. RTM PLLC works with board-certified medical experts to build the strongest possible case for your family — and handles everything on a contingency fee basis, meaning you pay nothing unless we recover compensation for your child.

Was Your Baby’s Injury Preventable? This Is the Most Important Question.

Not every birth complication is medical malpractice — some complications occur despite perfect medical care. But many of the most serious birth injuries in Texas happen because a doctor, nurse, or hospital failed to meet the standard of care. They missed warning signs on the fetal monitor. They delayed a necessary C-section. They used too much force with forceps or a vacuum extractor. They failed to recognize and treat an infection in time. RTM PLLC works with independent medical experts to review your baby’s records and give you an honest answer about whether negligence caused your child’s injury — at no cost to you.

Warning Signs That Your Baby’s Birth Injury May Have Been Caused by Medical Negligence

• Emergency C-section was needed but delayed or not performed in time
• Your baby had low Apgar scores at birth — below 7 at five minutes
• Your baby was admitted to the NICU immediately after birth
• Your baby received therapeutic hypothermia — cooling treatment — after birth
• Your baby had seizures within the first 72 hours of life
• Fetal heart rate abnormalities appeared on monitoring during labor and were not acted on
• Forceps or vacuum extractor were used and your baby was injured
• Your baby was diagnosed with HIE, cerebral palsy, or Erb’s palsy
• Your doctor failed to respond to signs of fetal distress during labor
• You were told there were complications but never given a clear explanation of what happened

Common Birth Injuries RTM PLLC Handles in DFW and Across Texas

Hypoxic-Ischemic Encephalopathy (HIE) — Brain Damage from Oxygen Deprivation

HIE is brain damage that occurs when a baby’s brain is deprived of adequate oxygen and blood flow during labor or delivery. It is one of the leading causes of cerebral palsy and can cause lifelong cognitive disabilities, seizure disorders, and developmental delays. HIE is frequently caused by preventable medical failures — delayed C-sections, failure to recognize fetal distress on electronic monitoring, and mismanagement of labor complications. RTM PLLC works with maternal-fetal medicine specialists to analyze fetal monitoring strips and identify exactly where the standard of care was breached.

Cerebral Palsy Caused by Birth Negligence

Cerebral palsy is a group of permanent movement and posture disorders caused by damage to the developing brain — often during labor and delivery. When cerebral palsy results from oxygen deprivation caused by preventable medical errors, the family may have a significant birth injury malpractice claim. The lifetime care costs for a child with cerebral palsy often exceed one million dollars. RTM PLLC pursues compensation that accounts for every aspect of your child’s lifelong needs — not just immediate medical bills.

Erb’s Palsy and Brachial Plexus Injuries

Erb’s palsy is a nerve injury that occurs when the brachial plexus — the network of nerves controlling the arm and shoulder — is stretched or torn during delivery. It most commonly results from shoulder dystocia, where a baby’s shoulder becomes lodged during delivery and excessive force is applied. Erb’s palsy can cause weakness, loss of movement, or permanent paralysis in the affected arm. When caused by improper delivery technique, it is a clear basis for a birth injury malpractice claim.

Other Birth Injuries RTM PLLC Handles

• Shoulder dystocia injuries — when improper technique during a stuck delivery causes harm
• Forceps and vacuum extractor injuries — skull fractures, brain bleeds, and nerve damage
• Birth asphyxia — oxygen deprivation during labor or delivery causing permanent brain damage
• Neonatal stroke — often caused by unrecognized fetal distress or improper delivery management
• Infections during labor including Group B Strep and chorioamnionitis — when signs were missed or treatment was delayed
• Bone fractures during delivery — clavicle, arm, and skull fractures from improper force
• Spinal cord injuries from excessive force during delivery
• Wrongful death — when a birth injury takes a newborn’s life

Who Can Be Held Responsible for a Birth Injury in Texas?

• Obstetricians and OB-GYN physicians who managed labor and delivery
• Labor and delivery nurses who failed to recognize or report warning signs
• Hospitals and health systems whose policies or understaffing contributed to the injury
• Certified nurse midwives whose actions during delivery caused harm
• Anesthesiologists whose errors caused or contributed to birth complications
• Maternal-fetal medicine specialists who failed to identify high-risk conditions
• Pediatricians and neonatologists whose delayed response worsened the injury

Important Texas Birth Injury Law Requirements — Act Before the Deadline

Texas medical malpractice law has specific deadlines and requirements that make acting quickly critical for birth injury families. Missing these deadlines permanently eliminates your right to compensation regardless of how serious your child’s injuries are.

• Two-year statute of limitations — generally two years from the date of the birth injury to file suit under Texas Civil Practice and Remedies Code §74.251
• Minor tolling provision — for injuries to a child under 12 the statute of limitations may be tolled until the child’s 14th birthday in some circumstances but do not rely on this without speaking to RTM PLLC immediately
• 60-day pre-suit notice — Texas law requires written notice to each healthcare provider 60 days before filing suit
• 120-day expert report requirement — within 120 days of filing suit a qualifying expert report must be served or the case is dismissed
• Damage caps — Texas law caps non-economic damages in medical malpractice cases making it critical to maximize every element of recoverable economic damages

What Compensation Can Your Family Recover for a Birth Injury in Texas?

Birth injuries involving conditions like HIE and cerebral palsy create lifelong needs that extend far beyond initial medical care. RTM PLLC works with life care planners and economic experts to calculate and pursue the full lifetime value of your child’s claim.

• All past and future medical expenses — NICU care, surgeries, hospitalizations, and specialist treatment
• Lifelong therapy and rehabilitation costs — physical therapy, occupational therapy, and speech therapy
• Adaptive equipment and assistive technology your child will need throughout their life
• Home modification costs to accommodate your child’s disabilities
• Future medical care — nursing care, medications, and ongoing treatment
• Educational support and special education costs
• Lost future earning capacity — what your child would have earned had the injury not occurred
• Pain and suffering for your child — subject to Texas non-economic damage caps
• Mental anguish for parents and family members in certain circumstances
• Wrongful death damages when a birth injury causes the death of a newborn

Frequently Asked Questions — Texas Birth Injury Claims

How do I know if my baby’s injury was caused by medical negligence? The honest answer is that you need a medical expert to review the records to know for certain. RTM PLLC obtains your complete medical records including fetal monitoring strips and has them reviewed by independent board-certified specialists who can identify where the standard of care was breached. This review is part of every free case evaluation we conduct — you will know whether you have a viable claim before committing to anything.

My baby was just diagnosed with cerebral palsy — is it too late to file a claim? It depends on when the injury occurred and your child’s age. Texas has specific tolling provisions for minors that may extend your filing deadline in some circumstances. Do not assume it is too late without speaking to RTM PLLC. Contact us immediately and we will review your specific timeline.

How long do birth injury cases take to resolve in Texas? Birth injury cases are complex and typically take longer than standard personal injury cases — often one to three years or more depending on the complexity of the medical issues and the parties involved. RTM PLLC pursues these cases with urgency while never sacrificing the thoroughness needed to achieve maximum compensation for your family.

Can I afford a birth injury attorney in Texas? Yes. RTM PLLC handles birth injury cases on a contingency fee basis — meaning there are no upfront costs and no attorney fees unless we recover compensation for your family. We also advance all case expenses including medical expert fees. If we do not win your case you owe us nothing.

What if the hospital says the injury was unavoidable? Hospitals and their insurers almost always claim birth injuries were unavoidable complications of delivery. In many cases that is simply not true. RTM PLLC obtains independent medical review to determine whether the injury was truly unavoidable or whether it resulted from a failure to meet the standard of care. Do not accept the hospital’s explanation without getting an independent opinion.

Your Child Deserves Justice. RTM PLLC Is Ready to Fight for Your Family.

We understand that no amount of money can undo what happened to your child. But it can provide the resources your family needs to give your child the best possible life — the therapies, the equipment, the care, and the support they deserve. RTM PLLC fights for birth injury families throughout Dallas, Tarrant, Collin, Denton, and surrounding DFW counties and across Texas. Call us today at (254) 421-4442 for a free, completely confidential case review. No fee unless we win.