Birth Injury: What Families Can Check in Texas

Texas medical malpractice claims must be filed within two years of the date of the negligent act or omission (Tex. Civ. Prac. & Rem. Code § 74.251). Minors under 12 have until their 14th birthday to file, or have filed on their behalf, the claim; otherwise the 2-year period applies regardless of minority. The 120-day expert report deadline still applies and is not tolled for minors.

Economic damages—including lifetime attendant care, medical equipment, therapies, and lost earning capacity—remain uncapped.

Texas birth injury litigation frequently involves claims against large hospital systems such as HCA Healthcare, Baylor Scott & White, and UT Health, as well as independent OB/GYN practices. Common theories include failure to perform timely C-section, failure to diagnose fetal distress, improper use of vacuum or forceps, and inadequate monitoring during labor. Texas's strict expert report requirement — a report must be served within 120 days after each defendant's original answer is filed — means retaining a qualified obstetric expert early is essential to case survival.