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When a birth injury occurs, it’s not just a moment of heartbreak—it’s a lifetime of challenges for the child and family. For Texas families, navigating the legal system to seek justice can be daunting, especially when dealing with the complexities of medical malpractice laws. Understanding Texas's specific rules, deadlines, and limitations is essential for pursuing a successful claim.

The Law Offices of Glenn W. Cunningham is committed to helping families across Texas hold negligent healthcare providers accountable for the harm they cause. In this blog, we’ll provide an in-depth look at the legal guidance parents need, including how to file a lawsuit, the statute of limitations, tort reform implications, and damage caps in Texas birth injury cases. With the right knowledge and legal support, families can take the first step toward justice and healing.

Filing a Birth Injury Lawsuit in Texas: What Parents Need to Know.

In Texas, birth injury lawsuits fall under medical malpractice law. These cases seek to hold healthcare providers accountable for negligence during pregnancy, labor, delivery, or immediate postpartum care.

To file a successful lawsuit, parents must prove the following four elements of negligence:

  • Duty of Care: The healthcare provider owed a legal duty to the patient (mother and/or child) to follow the standard of care.
  • Breach of Duty: The provider’s actions—or lack thereof—deviated from the accepted standard of care.
  • Causation: The breach of duty directly caused the birth injury.
  • Damages: The injury resulted in measurable harm, such as medical expenses, ongoing care needs, or impairment, disfigurement, or emotional distress.

Texas Statute of Limitations for Birth Injury Cases

The statute of limitations defines the timeframe within which a lawsuit must be filed. In Texas, the general statute of limitations for medical malpractice cases, including birth injuries, is two years from the date of the incident. However, there are two notable exceptions:

  • Discovery Rule: If the injury is not immediately apparent, the “clock” may start when the injury is discovered or reasonably should have been discovered. For example, cerebral palsy caused by oxygen deprivation may not become evident until developmental milestones are delayed.
  • Minors: If the injured party is the birth-injured child, Texas law allows parents to file a claim on the child’s behalf until the child’s 10th birthday under the Statute of Repose—a final filing deadline.

How Tort Reform Affects Birth Injury Lawsuits in Texas

Texas has some of the most stringent tort reform laws in the United States, which directly impact birth injury cases.

For example, plaintiffs are required to file a comprehensive expert report within 120 days of the healthcare provider’s appearance (Answer) in a medical malpractice lawsuit, including birth injury cases. A qualified medical doctor must prepare this report and must detail the manner in which the healthcare provider violated the standard of care and must describe how that breach of the standard of care caused the birth injury and resulting damages.

Caps on Damages in Texas Birth Injury Cases

Texas law imposes caps on non-economic damages (i.e., compensation for pain and suffering, mental anguish, impairment, and disfigurement) in medical malpractice cases, including birth injuries. These caps are as follows:

  • Non-Economic Damages: A total of $250,000, shared by all negligent doctors who contributed to the cause of the birth injury. In addition, if the negligence of one or two healthcare institutions (e.g., hospitals), acting by and through their nursing staff, contributed to causing the birth injury, then each hospital’s maximum non-economic damage exposure is $250,000.  In theory, a birth injured baby could recover a total $750,000 in non-economic damages, but only if he/she is victimized by the medical negligence of two health care institutions ($250,000/each) and one or more negligent physicians ($250,000).

There is no cap on economic damages in birth injury cases, such as medical expenses, loss of earning capacity or income, or future care costs. Families can recover the full amount needed to address tangible financial losses.

While these caps aim to limit excessive payouts, they can significantly impact families dealing with catastrophic injuries.

The Law Offices of Glenn W. Cunningham: Your Partner in Birth Injury Justice.

Navigating the legal landscape for birth injuries in Texas requires a thorough understanding of the state’s unique laws and limitations. From strict filing deadlines to tort reform requirements and damage caps, the process can be overwhelming for families already coping with the emotional and financial aftermath of a birth injury.

At the Law Offices of Glenn W. Cunningham, we bring over 30 years of experience in medical malpractice law to help families like yours seek justice. Our firm is known for its compassionate approach, meticulous case preparation, and dedication to holding negligent healthcare providers accountable. But what sets us apart from other firms is that we limit the number of cases we take on to ensure every client receives the focused attention they deserve.

If you believe your child’s birth injury was preventable, contact us for a complimentary consultation. Let us put our expertise, resources, and unwavering commitment to work for you, so your family can find healing and secure the compensation you need to move forward.


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