Birth Injuries
Birth Injury Lawyer in Houston, TX
Adam Funk – An Experienced Birth Injury Lawyer in Houston, TX Who Families Trust
Birth injuries caused by medical negligence are among the most devastating outcomes a family can face. When a preventable mistake during labor, delivery, or the critical hours following birth leaves a child with serious birth injuries, the emotional trauma is immeasurable, and the financial burdens that follow can last a lifetime. If your child suffered a birth injury due to the negligence of a doctor, nurse, hospital, or other healthcare provider, you have the right to pursue accountability and the compensation your family needs to provide the best possible care going forward.
Adam Funk is an experienced Houston birth injury lawyer who understands both the medical complexity and the deeply personal nature of these cases. Medical malpractice involving newborns and mothers requires a careful, thorough approach, from investigating the circumstances of the delivery to working with qualified medical experts who can clearly establish how and where the standard of care was breached.
Every child deserves a healthy start, and when that is taken away by someone else’s negligence, Funk Law Group is prepared to fight for maximum compensation to help cover medical expenses, ongoing rehabilitation, long-term care, and the full extent of the harm your family has suffered. To speak with an experienced birth injury attorney in Houston, TX, call 346.501.FUNK or reach out online to set up your free case evaluation today.
What Type of Birth Injury Did Your Child Suffer?
Cerebral Palsy
Hypoxic Ischemic Encephalopathy (HIE)
Meconium Aspiration Syndrome (MAS)
Periventricular Leukomalacia (PVL)
When to Seek Legal Support From a Birth Injury Lawyer in Houston
Preventable medical errors during the birthing process warrant careful legal review. When doctors or nurses fail to respond to signs of fetal distress, misuse forceps or vacuum devices, or delay a necessary C-section, the consequences can be life-altering for both the child and mother. If you have concerns about delivery room negligence, seek legal advice right away.
Many birth injuries result in lifelong conditions requiring ongoing medical care, therapy, assistive devices, and home modifications. A knowledgeable Houston birth injury attorney can help you understand the full scope of your child’s long-term care needs and what to do to ensure you receive proper financial compensation for them.
Birth Injury - Legal Information
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What is a Birth Injury Under Texas Law?
A birth injury is physical harm sustained by a child during the labor and delivery process when medical professionals fail to meet the accepted standard of care. These injuries can range from mild and temporary to severe and permanent. Unlike a birth defect, which typically develops during pregnancy due to genetic or environmental factors, a birth injury results from medical providers’ negligence during delivery.
Not all birth injuries are immediately obvious at birth, and some conditions only become apparent as developmental delays or neurological symptoms emerge over time.
Texas law requires medical professionals to provide care that meets the standard a reasonably skilled provider would deliver under similar circumstances. Proving medical negligence typically requires expert testimony from qualified physicians who can evaluate the medical records and explain how that standard was violated.
Common Causes of Birth Injuries in Houston Hospitals
Birth injuries occur for a variety of reasons, and while some accidents happen despite every precaution being taken, most birth injuries are the result of preventable medical errors. Both the child and the mother can be harmed when hospital staff fails to meet the standard of care during labor and delivery — and understanding the most common causes is an important first step in recognizing when negligence may be to blame:
- FAILURE TO MONITOR FETAL DISTRESS — failure to recognize or respond to warning signs such as abnormal heart rate patterns, which can lead to oxygen deprivation and permanent brain damage
- IMPROPER USE OF DELIVERY INSTRUMENTS — vacuum extractors and forceps, when applied incorrectly or with excessive force, can cause skull fractures, intracranial bleeding, and nerve damage
- DELAYED OR UNNECESSARY C-SECTION DECISIONS — waiting too long to perform an emergency cesarean section when fetal distress is evident, or performing one without adequate indication, can both result in serious harm
- MEDICATION AND ANESTHESIA ERRORS — incorrect dosages, contraindicated drugs, or improperly administered anesthesia during labor can have severe consequences for mother and baby
- FAILURE TO DIAGNOSE AND TREAT MATERNAL COMPLICATIONS — conditions such as preeclampsia, uterine rupture, and infections that go unrecognized or untreated put both mother and child at serious risk
- MISUSE OR MALFUNCTION OF MEDICAL EQUIPMENT — when monitoring devices, infusion pumps, or other equipment are improperly used or inadequately maintained, critical warning signs can be missed
- INADEQUATE STAFFING AND POOR COMMUNICATION — understaffed labor and delivery units and breakdowns in communication between medical team members are a significant and often overlooked source of preventable birth injuries
- FAILURE TO ACT ON TEST RESULTS — delayed responses to abnormal lab work, imaging results, or fetal monitoring strips can allow a dangerous situation to escalate when prompt intervention could have prevented harm
If your child was injured during birth and you believe negligence may have played a role, Funk Law Group is here to help you find answers. Adam Funk will carefully evaluate the circumstances of your delivery and advise your family on the best path forward.
Serious Conditions a Birth Injury Law Firm Commonly Handles
Serious birth trauma can affect a child’s neurological development, physical abilities, and quality of life for years or even decades to come. Houston birth injury lawyer Adam Funk has experience handling birth injury cases involving a wide range of serious diagnoses and understands what it takes to build a strong claim on your child’s behalf. Some of the more common birth injuries include:
Birth Asphyxia
Birth asphyxia occurs when a newborn is deprived of adequate oxygen during the labor and delivery process, often resulting in permanent brain damage, organ failure, or death. It can be triggered by a number of obstetric emergencies — including uterine rupture, postpartum hemorrhage, umbilical cord complications, and placental failure — many of which require immediate recognition and intervention to prevent catastrophic harm.
When medical staff fail to monitor fetal distress, respond to warning signs, or act quickly enough during a rapidly evolving delivery emergency, birth asphyxia that could have been prevented or minimized becomes the result of negligence, and families have the right to seek accountability.
Cerebral Palsy
Cerebral palsy can result from oxygen deprivation or brain trauma during delivery. This condition affects muscle control and can sometimes lead to issues with movement, coordination, speech, mental development, and more. When medical negligence contributed to a child’s cerebral palsy diagnosis, families deserve legal representation to recover the full cost of lifelong care.
Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulder becomes stuck during delivery. Improper handling during this situation can stretch or damage the brachial plexus nerves, leading to Erb’s palsy. This can affect arm movement and may require ongoing treatment or therapy.
Medical professionals are trained to use specific techniques to safely resolve shoulder dystocia without applying excessive force. When these techniques are not followed, nerve damage can occur. Some children regain function through therapy, while others may face permanent weakness or limited mobility in the affected arm.
Brachial Plexus and Erb’s Palsy
Brachial plexus injuries occur when the network of nerves controlling the arm and hand is damaged during delivery. This often occurs due to excessive force applied to the shoulder, such as in cases of shoulder dystocia or improper use of forceps or vacuum extraction. Children who suffer brachial plexus injuries can develop Erb’s palsy, Horner’s syndrome, and other conditions that may require ongoing medical attention.
Hypoxic Ischemic Encephalopathy (HIE)
Hypoxic Ischemic Encephalopathy, or HIE, is a serious condition that occurs when a baby’s brain does not receive enough oxygen and blood flow during or around the time of birth. This lack of oxygen can lead to permanent brain injury, affecting a child’s ability to develop, move, and function normally. Early signs may include difficulty breathing, low muscle tone, or seizures, and prompt medical care is critical to limit further harm.
When HIE is linked to delays or errors in medical care, families may have legal options. A Houston brain injury lawyer can review the circumstances surrounding the birth, determine whether proper standards were followed, and help families understand their right to pursue compensation for the child’s injuries.
Skull Fractures and Nerve Damage
Skull fractures and nerve damage are common types of birth injury claims that are often linked to improper handling during delivery. Excessive force, misuse of delivery tools, or failure to respond appropriately to complications can place dangerous pressure on an infant’s head and nerves. These actions by a medical professional may result in conditions such as skull fractures, brachial plexus injuries, or other forms of nerve damage that affect movement and development.
Spinal Cord Birth Injuries
Spinal cord injuries during birth can occur when excessive force is used or when complications are not properly managed. These injuries may affect movement, muscle control, and overall development. In severe cases, spinal cord damage can result in partial or complete paralysis.
These injuries are often linked to difficult deliveries, misuse of forceps or vacuum extractors, or failure to perform a timely cesarean section. The impact can be lifelong, requiring ongoing medical care, therapy, and assistive devices. Early diagnosis and intervention are important, but prevention through proper medical care remains critical. If medical professionals’ actions or inactions led to your child’s spinal cord injury, an experienced Houston spinal cord injury attorney like Adam Funk can fight to make sure every last damage and loss is both accounted for and properly compensated for.
Intracranial Hemorrhages
Intracranial hemorrhages involve bleeding inside a newborn’s skull, often caused by trauma during delivery or lack of oxygen. This condition can place pressure on the brain and lead to long-term neurological issues. Prompt diagnosis and treatment are critical to reduce the risk of lasting harm.
These injuries may occur during prolonged labor, improper use of delivery tools, or failure to monitor fetal distress. Depending on the severity, a child may experience developmental delays, seizures, or motor impairments. Medical providers are expected to recognize risk factors and respond quickly to prevent complications.
Meconium Aspiration Syndrome (MAS)
Meconium Aspiration Syndrome, or MAS, occurs when a baby inhales meconium-stained fluid before or during birth. This can block the airways and interfere with breathing, leading to oxygen deprivation. If not treated quickly, MAS can result in respiratory complications and other serious health concerns.
Medical teams are responsible for monitoring signs of fetal distress and taking appropriate action when meconium is present. Failure to respond can lead to infections, lung damage, or long-term breathing issues. In severe cases, oxygen deprivation may also contribute to brain injury.
Kernicterus / Hyperbilirubinemia
Kernicterus is a severe form of untreated jaundice caused by high bilirubin levels in a newborn’s blood. When not addressed in time, bilirubin can build up and cause permanent brain damage. This condition is largely preventable with routine screening and timely intervention, such as phototherapy. Failure to diagnose or treat rising bilirubin levels can lead to hearing loss, vision problems, and developmental delays. Proper follow-up care after discharge is also important to identify worsening symptoms.
Neonatal Hypoglycemia
Neonatal hypoglycemia occurs when a newborn has low blood sugar levels after birth. If not identified and treated promptly, it can affect brain function and lead to developmental delays. Medical providers are expected to monitor at-risk infants and respond quickly to abnormal levels.
Infants born prematurely or to mothers with certain conditions may face higher risks. Delays in testing or treatment can result in seizures or long-term cognitive impairment. With proper monitoring and timely care, these outcomes are often preventable.
Periventricular Leukomalacia (PVL)
PVL is a type of brain injury that affects the white matter near the brain’s ventricles. It is often linked to reduced oxygen or blood flow before or during birth and can lead to motor disorders, including cerebral palsy.
Premature infants are especially vulnerable, but PVL can also occur when complications during labor are not properly managed. The damage may not be immediately visible and can develop over time. Early intervention and therapy may help improve outcomes, but the condition can result in lasting disabilities. When this happens, Houston birth injury attorneys can be invaluable in helping secure the financial compensation needed to move forward.
Umbilical Cord Prolapse and Compression
Umbilical cord prolapse or compression can restrict blood and oxygen flow to the baby during labor. These emergencies require immediate medical intervention to prevent oxygen deprivation. Delays in response can result in serious injury or long-term complications.
Healthcare providers must closely monitor fetal heart rate patterns and recognize signs that the cord is compromised. Emergency delivery is often necessary to prevent harm. Failure to act quickly can result in hypoxic brain injury, developmental delays, or other permanent conditions that affect the child’s quality of life.
Amputation Birth Injuries
Amputation injuries may occur due to improper use of medical instruments, undiagnosed conditions, or complications involving the umbilical cord. These injuries can result in the loss of a limb or part of a limb. They often require long-term medical care and rehabilitation.
In some cases, conditions such as amniotic band syndrome may contribute to these injuries, but medical oversight remains critical. Failure to identify risks during pregnancy or respond appropriately during delivery can lead to preventable harm. Children affected by these injuries may require prosthetics, surgeries, and ongoing therapy to adapt and maintain independence.
Maternal Death
Proper prenatal care, monitoring during labor, and timely emergency response are essential to protect maternal health, as delays in treatment or failure to recognize warning signs can lead to fatal outcomes. Maternal death during childbirth can result from preventable complications such as hemorrhage, infection, or failure to monitor high-risk conditions. When medical providers fail to respond appropriately, the consequences can be devastating for both the mother and the child, not to mention the family and loved ones left behind.
Families are often left facing emotional loss and financial hardship, making accountability and support critical in the aftermath. While nothing can replace such a tremendous loss, a wrongful death lawyer in Houston can help grieving families recover maximum compensation to help cover funeral and burial costs, medical bills, and the full extent of the financial and emotional impact resulting from the irreversible — and completely preventable — death of a loved one.
The Birth Injury Lawsuit Process in Texas
Filing a birth injury lawsuit in Texas involves a detailed, multi-step process, and having the right attorney guiding your family through every stage makes all the difference.
- During your free case evaluation, Adam Funk reviews the facts of your child’s birth injury and helps your family understand your legal options clearly and honestly.
- From there, he gathers and analyzes all relevant medical records and consults with independent medical experts to determine exactly how your healthcare providers deviated from the accepted standard of care.
- Once the evidence supports a valid birth injury claim, Adam files formal claims against all responsible parties — including physicians, nurses, and, where appropriate, the hospital or medical facility itself.
- He manages every procedural requirement Texas law imposes on medical malpractice cases, including the mandatory expert report that must be filed early in the litigation process.
- During discovery, both sides exchange evidence, depose witnesses, and build their respective cases. Throughout this phase, Adam Funk works diligently to secure a fair settlement that reflects the true scope of your child’s injuries.
- If a fair settlement cannot be reached, the case may proceed to trial, where both sides present their cases, and a judge or jury determines liability.
Attorney Adam Funk prepares every case as though it will go to trial, because that preparation is what puts families in the strongest possible position, whether the case resolves through negotiation or in a courtroom.
How Long Do You Have to Sue for a Birth Injury in Texas?
The Texas statute of limitations for medical malpractice claims is generally two years from the date the injury occurred or was discovered. However, state law does provide special rules that may extend the filing deadline for personal injury cases involving a minor.
Even when an extended deadline applies, waiting to seek legal advice can significantly weaken your case. Medical records can become harder to obtain, witnesses’ memories fade, and critical evidence can be lost over time. Taking early legal action gives Adam Funk the best opportunity to investigate thoroughly, preserve evidence, and build the strongest possible case for your child’s future. If you have any doubt about whether your window to file is still open, contact Funk Law Group as soon as possible. Do not assume time is on your side.
Who Can File a Birth Injury Lawsuit on Behalf of a Child?
In Texas, parents or legal guardians have the right to file a birth injury lawsuit on behalf of a child who suffered harm during labor and delivery. Because a minor cannot bring a legal claim independently, a parent or guardian acts as the child’s representative throughout the litigation process.
In tragic cases where a child dies as a result of a birth injury, the child’s estate representative may bring a wrongful death or survival claim against the responsible parties to seek compensation for the family’s losses. If this is the case for you, we encourage you to reach out to an experienced Houston wrongful death lawyer at Funk Law Group to learn more about your legal options.
Compensation Available Through a Birth Injury Lawsuit
The financial impact of a serious birth injury can be staggering, extending far beyond the initial hospitalization and into a lifetime of specialized care. Families who pursue a birth injury claim in Texas may be entitled to recover a wide range of damages, including all past and future medical expenses related to the child’s injury. Such expenses might include:
- Hospital stays
- Surgeries
- Diagnostic testing
- Prescription medications
- Specialist care
- Assistive devices like wheelchairs, communication devices, and orthotics
- Necessary home modifications
Parents may also recover lost income or reduced earning capacity resulting from the need to provide direct care for their child. Non-economic damages — including emotional distress, pain and suffering, and the impact of the injury on the child’s quality of life — are also recoverable and can be a significant component of the overall claim.
Funk Law Group works carefully to ensure that the compensation pursued reflects the true and complete scope of your child’s care needs, both now and for the years ahead.
Challenges Hospitals and Insurance Companies Often Raise in Birth Injury Cases
Hospitals, physicians, and their insurers do not concede liability easily in birth injury cases. Families should be prepared for well-funded, aggressive defense strategies designed to minimize or eliminate their recovery. Understanding the most common challenges in these cases (and how Attorney Adam Funk counters them) can help families feel more confident going into the process.
Insurance companies frequently argue that medical negligence did not cause the child’s injury, pointing instead to factors outside the control of medical staff, such as genetic conditions or prenatal complications. Backed by strong evidence that directly connects the negligence to the harm your child suffered, Adam counters these claims with expert testimony and detailed medical analysis.
Defense attorneys may also attempt to attribute a child’s injuries to preexisting conditions unrelated to the delivery process. Funk Law Group works with qualified medical experts who can clearly and credibly distinguish between injuries caused by negligence and those that existed independently — a distinction that can make or break a birth injury claim.
How Our Houston Birth Injury Law Firm Fights Back Against Negligent Healthcare Providers & Their Insurers
Birth injury cases involve complex medical facts, high-stakes litigation, and opponents who are experienced at defending against these claims. Successfully challenging hospital and insurance company defenses requires aggressive, thorough, and well-prepared legal representation from the very beginning.
Adam Funk conducts comprehensive investigations into every aspect of the labor and delivery process, partnering with qualified medical experts to build cases that are detailed, credible, and compelling. He clearly demonstrates how negligence played a direct role in your child’s injuries, anticipates the defenses that negligent providers and their insurers are likely to raise, and prepares methodically to overcome them. When negligent healthcare providers and their legal team try to minimize their liability and/or the value of the claim, Attorney Funk fights back with detailed life care plans and expert projections that demonstrate the true financial and personal damages your family has endured and will continue to face.
His goal in every case is the same: to make sure your family is never outmatched at the negotiating table or in the courtroom.
Why Choose Adam Funk as Your Houston Birth Injury Lawyer?
Choosing the right attorney for a birth injury case is one of the most important decisions a family can make. Experienced Houston medical malpractice attorney Adam Funk gives every birth injury case the individual focus it deserves, taking the time to fully understand the medical circumstances of the injury, the long-term impact on the child, and what the family needs to secure the best possible future.
With Funk Law Group on their side, families can rely on clear, consistent communication throughout the entire legal process. Adam makes it a priority to explain every step in plain language, keeping families informed and ensuring they fully understand their options before any decisions are made. He does not treat birth injury cases as transactions — he treats them as what they are: matters of profound importance to real families whose lives have been changed forever. His commitment to accountability drives the way he investigates cases, challenges defenses, and advocates for full and fair compensation. Local families trust Adam Funk as their birth injury lawyer in Houston, TX to genuinely fight for their child’s future, and that trust is something he takes seriously in every case he handles.
Serving Families Throughout Houston and Surrounding Communities
Based in Bellaire, Texas, our law firm represents birth injury victims and their families throughout the greater Houston area, including West University Place, Sugar Land, Katy, Pasadena, Pearland, Missouri City, Friendswood, and League City. No matter where you are located within the metro area, Funk Law Group is ready to provide the dedicated, personalized legal support your family needs.
Schedule a Free Consultation With an Experienced Birth Injury Lawyer in Houston Today
If your child suffered a birth injury due to someone else’s negligence, do not wait to get legal advice. Medical malpractice cases involving birth injuries are time-sensitive. The sooner you act, the better your chances of preserving critical evidence and ensuring that the responsible parties are held accountable for the harm caused to your family. Early legal action also gives your birth injury attorney the greatest opportunity to build a thorough, well-supported case that reflects the true impact of the injury on your child’s life.
At Funk Law Group, we understand that no amount of compensation can undo the pain your family has experienced. What it can do is provide the financial foundation your child needs, covering medical expenses, therapy, assistive care, and the many other costs that accompany a serious injury, so that your family can focus on what matters most.
The law firm handles birth injury cases on a contingency fee basis, which means no upfront fees and no costs unless compensation is recovered on your behalf. We also offer free, confidential case evaluations to discuss your case with no obligations. This means there is no financial risk in reaching out — only the potential to get the answers and the justice your family deserves.
Call 346.501.FUNK or reach out online to speak directly with an experienced Houston birth injury attorney who will fight tirelessly to protect your child’s future and make sure the negligent parties are held liable for the injuries sustained under their care.