Texas Infant Resuscitation Error Lawyer

Top-Rated Legal Advocacy for Neonatal Injuries in Texas

Common Causes of Infant Resuscitation Errors in Texas Hospitals

Infant resuscitation errors occur when medical staff fail to properly intubate, ventilate, or administer medication to a newborn in distress, often leading to severe oxygen deprivation or brain injury. Cases involving improper newborn resuscitation or other neonatal resuscitation errors can happen at several points during the resuscitation process, and understanding where breakdowns typically occur is an important part of building a birth injury claim.

Research published through Neonatal Resuscitation: Current Evidence and Guidelines outlines the clinical steps that delivery teams must follow. When those steps break down, the consequences can be devastating. Common failures include:

• Airway management failures: Improper endotracheal intubation, which is the process of inserting a tube into the trachea to secure the airway, can result in intubation errors such as the tube being placed in the esophagus instead. Failure to clear meconium aspiration syndrome (MAS), a condition where the infant inhales a mixture of meconium and amniotic fluid, can also obstruct breathing.
• Equipment failures: Malfunctioning ventilators or bags, missing supplies, or lack of preparation for a high-risk delivery. A cross-sectional study on Equipment Preparedness for Neonatal Resuscitation in Resource-Limited Settings found that equipment readiness gaps remain a documented concern in neonatal care.
• Medication errors: Incorrect dosing of epinephrine or other emergency drugs administered during a code event.
• Delayed response: Failure to begin CPR or mechanical ventilation immediately when the infant shows signs of asphyxia.

An infant resuscitation error lawyer can work with medical experts to determine exactly where the breakdown occurred and whether it fell below the accepted standard of care.

Medical Consequences of Oxygen Deprivation During Birth

When resuscitation is delayed or performed incorrectly, the infant may suffer perinatal asphyxia, which is a condition where the baby is deprived of adequate oxygen before, during, or immediately after birth. Even minutes of oxygen deprivation can trigger hypoxic-ischemic encephalopathy (HIE), a severe hypoxic brain injury caused by reduced blood flow and oxygen to the brain.

The effects of HIE can range from mild developmental delays to severe, permanent disability. Children may be diagnosed with cerebral palsy, cognitive impairments, seizure disorders, or other neurological conditions that require lifelong care. The severity often depends on how long the brain went without sufficient oxygen and how quickly effective treatment was provided.

Proving Liability for Resuscitation Negligence Under Texas Law

To prove liability in Texas, a plaintiff must demonstrate that the medical team breached the accepted standard of care during resuscitation and that this breach directly caused the infant’s injury. A Texas infant resuscitation error lawyer builds this case through a structured investigation that examines every step of the delivery and post-delivery response.

Duty and breach of duty form the foundation of the medical malpractice claim. Founded by board-certified trial attorney Tommy Hastings, we understand how to build a case that identifies these institutional failures. The question is whether the medical team acted as a reasonably competent provider would have under the same emergency circumstances, as failing to do so constitutes negligence.

Our team reviews the fetal monitoring strip, also called cardiotocography (CTG). This record tracks the baby’s heart rate patterns before and during delivery. We also examine umbilical cord blood gas results, which measure oxygen and acid levels in the cord blood at birth. These records can reveal whether warning signs were present and whether the response was timely.

Causation is often the most contested element. The defense will argue the injury was caused by genetic conditions, prematurity, or events unrelated to the delivery team’s actions. We rely on expert testimony from neonatologists and other qualified experts to distinguish between pre-existing conditions and harm directly linked to resuscitation failures. The ECRI’s Top 10 Patient Safety Concerns has repeatedly identified maternal and neonatal safety as a high-priority risk area, reinforcing the need for strict protocol adherence.

Determining whether to pursue a claim against a hospital or an individual clinician is an important part of the legal process. In some cases of hospital negligence, the facility itself may bear responsibility for inadequate staffing, insufficient training, or failure to maintain functional equipment, separate from any individual clinician’s errors.

Recoverable Damages for Birth Injuries in Texas Courts

Damages in birth injury cases cover both economic losses, such as lifetime medical care and lost earning capacity, and non-economic losses like pain, suffering, and physical impairment. Texas infant resuscitation error lawyers work with specialists in life care planning. These experts follow certification standards for coordinating care plans for acquired brain injury to ensure reliable cost projections for future needs and future medical expenses.

Compensatory damages categorized as economic losses have no cap under Texas law and often represent the largest portion of a birth injury recovery. Non-economic damages are subject to limits outlined in the Texas Civil Practice and Remedies Code § 74.301.

Economic Damages (No Cap)	Non-Economic Damages (Capped)
Lifetime medical care (therapy, surgeries, medications)	Pain and suffering
In-home nursing and attendant care	Mental anguish
Adaptive equipment and home modifications	Physical impairment and disfigurement
Special education and developmental services	Loss of companionship (wrongful death)
Lost future earning capacity

Because these cases involve injuries that may require decades of care, accurate financial projections are essential to protecting the child’s long-term security.

Contact the Texas Birth Injury Attorneys at Hastings Law Firm Today for Help

If your child suffered a brain injury or other serious harm due to errors during resuscitation, Hastings Law Firm can help you understand what happened and whether you have a case. Our team includes in-house medical staff, former defense attorneys who understand how hospitals build their arguments, and access to a national network of neonatal experts.

As Texas infant resuscitation error lawyers, we take a trial-ready approach and prepare every case from day one as though it will go to a jury. That level of preparation strengthens negotiations and signals to the defense that we will not accept less than fair value.

Time is limited to file a medical malpractice claim in Texas. Contact us today for a free, confidential case evaluation. There are no attorney fees or costs unless we recover compensation for your family.