When your child suffers a birth injury because of medical negligence, the impact can last a lifetime — physically, emotionally, and financially. As a parent, you deserve answers and a way to hold negligent medical providers accountable. One of the first questions many families ask us at Aldous Law is: How long do we have to take legal action?
In Texas, there are strict deadlines for filing a birth injury lawsuit. These time limits are called the “statute of limitations,” and missing them can mean losing your right to seek justice. That’s why understanding the timeline — and taking action as soon as possible — is so important.
Texas Statute of Limitations for Birth Injury Cases
In most medical malpractice cases in Texas, you generally have two years from the date of the injury to file a lawsuit. But birth injury cases can be more complicated because the injured person is a newborn, and the harm may not be immediately obvious.
Texas law allows special rules for cases involving children. In many situations, parents may have more time to file on behalf of their child — sometimes until the child’s 14th birthday. There is also a statute of repose, which means no case can be brought more than 10 years after the negligent act or omission, no matter when the injury was discovered.
These rules can be tricky, which is why it’s so important to talk with an experienced Texas birth injury attorney as soon as you suspect something went wrong. Our team at Aldous Law can help you understand exactly which deadlines apply in your case.
Why You Should Act Quickly Even if You Have Time
Even if Texas law gives you extra time for a child’s birth injury case, waiting too long can make it harder to win. Medical records can get lost or destroyed, and witnesses’ memories can fade. The sooner an attorney can start investigating, the stronger your case will be.
At Aldous Law, we work quickly to secure hospital records, consult medical experts, and preserve evidence before it disappears. This early work is key to building a powerful claim that can stand up in court or lead to a strong settlement.
Common Types of Birth Injury Cases We Handle
Birth injury cases can involve many different types of negligence, including:
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Failure to monitor the baby’s oxygen levels
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Delayed C-section leading to brain injury
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Improper use of forceps or vacuum extraction
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Medication errors during pregnancy or labor
These injuries can result in conditions like cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), developmental delays, and other lifelong medical needs. No matter the cause, our mission is to fight for the compensation your family needs for medical care, therapy, special education, and long-term support.
What Compensation Can Families Recover?
Part of acting quickly is ensuring you pursue every form of compensation available under Texas law. A birth injury lawsuit may allow you to recover damages for:
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Medical expenses: both current bills and the cost of future care your child may need for years or decades.
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Therapies and rehabilitation: physical therapy, speech therapy, and occupational therapy to help your child reach their full potential.
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Lost earning capacity: if your child’s injury will affect their ability to earn a living in the future.
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Pain and suffering: the physical pain and emotional distress caused by the injury.
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Loss of quality of life: for children who face permanent disabilities.
Every case is unique, and the right legal team can make sure nothing is left on the table when fighting for your family’s future.
Aldous Law: Fighting for Families Across Texas
Birth injury cases are complex, and they require a law firm that has both the resources and the passion to go the distance. At Aldous Law, we’ve spent decades representing families throughout Texas — from Dallas and Fort Worth to Houston, Austin, San Antonio, and beyond.
We approach each case with compassion and determination. When you hire us, you get more than legal representation — you get a team that treats your child’s case as if it were our own. We fight tirelessly in negotiations and in court to hold negligent medical providers accountable and secure the financial support your family deserves.
Take the Next Step Today
If your child was injured at birth because of medical negligence, don’t wait to find out whether you still have time to file a claim. The deadlines can be complex, and every day that passes can make your case harder to prove.
