When your baby is injured during birth, the last thing you want to think about is legal paperwork. But if medical negligence may have played a role, knowing your legal options is one of the most important steps you can take to protect your child’s future.
Texas has specific laws for birth injury cases, and the process can feel overwhelming if you’ve never dealt with a legal claim before. This guide breaks down what parents need to know about filing a birth injury claim in Texas, how compensation works, and where to turn for help.
What Counts as a Birth Injury Case in Texas
Not every injury during childbirth is considered medical malpractice. Some complications can happen naturally, even with proper care. A birth injury case usually involves a preventable injury caused by a doctor, nurse, or hospital failing to meet the accepted standard of care.
Examples might include failing to monitor the baby’s heart rate during labor, delaying a necessary C-section, or using delivery tools improperly. If a medical provider’s actions—or failure to act—led to harm, you may have a case.
Your Legal Rights as a Parent
Parents have the right to pursue a claim if a baby’s injury was preventable. A birth injury claim can help cover:
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Medical bills for past and future treatment
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Physical therapy or special care costs
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Pain, suffering, and emotional impact on your family
While no amount of money can undo what happened, financial recovery can ease the burden of long-term care and give your child the best chance for a healthy future.
Texas Statute of Limitations for Birth Injury Cases
One of the first things parents should know is that there’s a time limit for filing a birth injury claim in Texas. The statute of limitations is usually two years, but cases involving children may have different deadlines. Because these timelines can be confusing, it’s smart to speak with a lawyer as soon as possible. Acting quickly helps preserve evidence, get expert opinions, and keep your case within the legal window for filing.
How the Birth Injury Claim Process Works
Many parents worry about what happens after they hire a lawyer. The process typically starts with a case evaluation, where a lawyer reviews medical records and listens to your story. From there, they may consult medical experts, gather evidence, and determine whether malpractice occurred.
Most cases settle before going to trial, but if a fair agreement isn’t reached, a skilled trial lawyer can present your case in court. Knowing you have someone ready to fight for you can give you peace of mind while you focus on caring for your child.
Why Families Across Texas Choose Aldous Law
Choosing the right attorney can make a big difference in how your case is handled. At Aldous Law, we keep our caseload small so we can give every family the attention they deserve. Attorney Charla Aldous isn’t afraid to take a case to trial when it means fighting for justice. We’ve recovered over $1 billion for clients across Texas, but what matters most to us is the change we help create. Our team listens to your story, answers your questions, and stands by your side every step of the way.
Taking Action for Your Child’s Future
If your baby was hurt during birth, you don’t have to face this alone. Start by getting the medical care your child needs, then speak with a lawyer who can help you understand your legal options. At Aldous Law, we offer free case evaluations to help you decide what’s best for your family. Call our Dallas trial lawyers to get started today.
