Fighting For What Is Right
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2025 Best Law FirmsAldous \ Walker LLP has been consistently selected to the list of Best Law Firms by U.S. News and Best Lawyers as a Tier 1 law firm, the highest possible ranking that recognizes the firm's years of groundbreaking success.
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Best Lawyers in America
Attorney Charla Aldous has been selected to the list of the Best Lawyers in America every year since 2013, attorney Brent Walker has been selected to the list every year since 2018 and attorney Caleb Miller has been selected since 2020.
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Best Lawyers "Lawyer of the Year" 2024
Attorney Charla Aldous has been named the "Lawyer of the Year" by the Best Lawyers in America nine times, in 2009, twice in 2013, 2016, 2017, 2018, 2019,2021 and 2024.
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Inner Circle of Advocates
Attorney Charla Aldous is a member of the Inner Circle of Advocates, a prestigious organization whose members consist of the 100 best plaintiff trial lawyers in the United States.
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American Board of Trial Advocates
Attorney Charla Aldous is a member of the American Board of Trial Advocates, a nationwide organization of lawyers who care passionately about the trial system in the United States.
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American College of Trial Lawyers
Charla Aldous is a Fellow of the American College of Trial Lawyers, membership in this organization is invitation-only, and is extended to the very best trial lawyers who display the highest degrees of professionalism and ethics.
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National Trial Lawyers Top 100
Attorneys Charla Aldous and Brent Walker have been included in this invitation-only group of premier trial lawyers in each state.
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Super Lawyers
Attorney Charla Aldous has been selected to the list of Super Lawyers every year since 2003 and attorney Brent Walker has been selected to the list every year since 2013.
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D Magazine’s Best Lawyers in Dallas Hall of Fame
Charla Aldous is an inducted member of D Magazine’s Best Lawyers in Dallas Hall of Fame, a distinction reserved for attorneys who been named to the Best Lawyers in Dallas list at least 15 times.
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D Best 2024
Attorneys Charla Aldous & Brent Walker are selected to the list of the best lawyers in Dallas by D Magazine.
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National Trial Lawyers Top 40 Under 40
Attorney Brent Walker is a member of the National Trial Lawyers: Top 40 under 40, an invitation-only organization comprised of the top young trial lawyers in every state.
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International Society of Barristers
Attorney Charla Aldous is a member of International Society of Barristers, an organization committed to bringing together the best members of the legal community from across the globe.
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International Academy of Trial Lawyers
Attorney Charla Aldous is a member of the International Academy of Trial Lawyers, an invitation-only organization compromised of the most accomplished trial lawyers from across the globe.
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D Best Lawyers Under 40
Attorney Caleb Miller was selected to the list of the best lawyers under 40 years old in Dallas by D Magazine.
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Lawdragon 500 Leading Plaintiff Consumer Lawyers
Charla Aldous and Brent Walker have been selected to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, a distinction earned by top-rated advocates who have garnered the respect and esteem of their peers.
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Dallas Birth Injury Lawyer
We Fight for Victims of Childbirth Malpractice
Aldous \ Walker's birth injury attorneys fight for victims of negligence-related birth injuries. If this happened to you, we invite you to contact our law firm today for an evaluation of your legal rights and options, or continue reading to learn more about childbirth trauma.
What Is Birth Injury?
According to the U.S. Centers for Disease Control and Prevention (CDC), birth injury is the impairment of the infant’s body function or structure due to adverse influences that occurred at birth. This can also be used interchangeably with birth trauma, which is defined as a physical injury sustained by an infant in the process of birth.
How Can Birth Injury Lawyers Help You After a Case of Childbirth Malpractice?
Texas birth injury attorneys can help families who are facing the emotional and physical trauma associated with birth injuries. They understand the complex nature of birth injury lawsuits, including medical malpractice claims related to negligence during childbirth. This includes reviewing your case thoroughly to determine if there is a valid legal claim for damages under Texas law.
A birth injury lawyer near you should be able to:
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Don't Let Fear Hold You Back
Contact Aldous \ Walker For the Advocacy You Deserve
What Conditions Are Caused by Birth Injuries?
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Cerebral Palsy
Cerebral palsy is a congenital disorder affecting a person’s movement. While it can be caused by oxygen deprivation during labor and delivery, it has other causes.
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Hypoxic Ischemic Encephalopathy (HIE)
Most commonly caused by asphyxia during birth. Asphyxia can be caused by remaining too long in the birth canal, umbilical cord strangulation, and more.
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Erb’s Palsy
Paralysis resulting from injury to the brachial plexus group of nerves in the arm/shoulder. This can be caused by excessive pulling during delivery, shoulder-first presentations, or vaginal delivery when cesarean would have been safer.
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Birth Injury Causes
Birth injury causes generally fall into two camps:
- Those caused by physical trauma
- And those caused by oxygen deprivation
While birth injury claims have a variety of causes that vary drastically from case to case, they typically all have one thing in common: they began with a childbirth complication that was mismanaged or handled improperly.
We’ve listed some commonly cited birth injury causes for a better understanding. This is not a comprehensive list, and any one of these factors on their own does not guarantee a birth injury outcome.
It is the mismanagement of these types of conditions that can lead to an injury, and an injury during childbirth can lead to:
- Serious medical conditions
- Permanent disabilities
- And disfigurement
Birth Injuries vs. Birth Defects
“Birth injury” and “birth defect” are commonly confused terms. While they can produce similar outcomes, they differ in substance. As we explained, a birth injury is trauma suffered by an infant during childbirth.
Birth defect describes a physical or chemical defect present at birth, and is usually either inherited genetically or induced by environmental factors. There is not usually a legal cause of action in birth defect cases, unless the environmental cause is something like a dangerous pharmaceutical, which is a different type of litigation entirely.
- Improper use of forceps or vacuum extractor
- Fetal monitoring failures
- Abnormal birth presentation or position (ex: breech or shoulder first)
- Large birth weight
- Umbilical cord prolapse or strangulation
- Failure to progress / prolonged delivery
- Pitocin (induction medication) mistakes
- Vaginal delivery in mothers with small pelvis
- Maternal infections such as Group B Streptococcus
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1.1%
Injury occurs in 1.1% of cesarean sections in the Western WorldNewborn Deliveries
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157,700
In 2006, nearly 157,700 injuries to mothers and newborns occurred during childbirth and may have been potentially avoidedProviders
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12%
In 2012, about 12% of all births in Texas were premature and about 1% were vaginal deliveries in mothers with prior cesareans. Both these factors are known risks that, if managed improperly, can lead to birth injury
What Are the Long-Term Effects of Birth Injuries?
The long-term effects of birth injuries can vary widely depending on the type and severity of the injury. Some birth injuries, such as fractures or facial bruises, may heal without long-term consequences. However, more serious injuries, such as cerebral palsy or permanent nerve damage, can lead to lifelong disabilities and medical complications. Children with birth injuries may require ongoing medical care, physical therapy, and support services to manage their conditions and maximize their quality of life.
How Common Are Birth Injuries?
The prevalence of birth injuries varies depending on factors such as the specific injury, delivery method, and overall health of the mother and baby. While some birth injuries are relatively rare, others, such as brachial plexus injuries or fractures, occur more frequently. Estimates suggest that birth injuries occur in around 6 to 8 out of every 1,000 live births in the United States, with some studies indicating higher rates in certain populations or regions.
Who Can be Held Liable for Your Birth Injury Claim?
If something goes wrong during childbirth, and you or your child are injured, you may have legal grounds to file a claim to sue:
- The doctor
- The hospital
- Or the healthcare organization responsible for that harm
Who to sue varies from case to case, and is best determined by a Dallas birth injury attorney experienced in this area of litigation.
What Is the Standard of Care in Birth Injury Cases?
One phrase you will hear often in birth injury litigation is “the standard of care for physicians.” This simply means that the physician breached a duty of care.
It is conduct that misses the mark of acceptable medical care as set by the medical community at large. In birth injury trials, one thing the jury will decide is whether the physician or hospital’s conduct was reasonable given the customary practice among other physicians and hospitals.
Was My Child's Birth Injury Preventable?
We can’t say without looking at your specific case—but many birth injuries are avoidable. Even if your doctor told you otherwise, it’s important to hear a legal perspective.
At Aldous \ Walker, we keep a nurse on staff so we can help our clients in these types of complex medical cases. The sooner you get legal help, the better chance you will have at securing the level of compensation you deserve.
What Is the Statute of Limitations in Texas on Birth Injuries?
In Texas, the statute of limitations in many civil injury cases is two years from:
- The date of injury
- The date the injury was discovered
- Or the date of death
Application of the limitations statute for bringing lawsuits is complex and best evaluated by an experienced birth injury attorney.
What Legal Options Are Available for Families Affected by Birth Injuries?
Families affected by birth injuries may have legal options available to them, depending on the circumstances surrounding the injury. Medical malpractice laws allow individuals to seek compensation for injuries caused by negligence or substandard medical care. To pursue a medical malpractice claim, families typically need to demonstrate that a healthcare provider failed to meet the applicable standard of care, resulting in harm to the mother or baby. Consulting with a qualified attorney who specializes in birth injury cases can help families understand their rights and options for seeking justice and compensation.
Benefits of Hiring a Lawyer For a Birth Injury
Birth injuries can be emotionally devastating for parents or family members tasked with caring for the injured person. That’s why birth injury lawyers exist—we are able to hold the responsible parties accountable through the legal system.
Our Dallas birth injury lawyers understand the laws governing birth-related medical malpractice and can help you and your family navigate potential court proceedings. Our dedicated legal team will strive to obtain justice and financial compensation to aid in any necessary care that may have resulted from the birth injury.
For the most accurate determination of how long you have before your ability to bring a civil action expires, call the Dallas birth injury lawyers at Aldous \ Walker LLP at (214) 307-6307.
