Understanding the Statute of Limitations in Birth Injury Cases

The birth of a baby is a celebrated and eagerly anticipated event. Sadly, preventable errors during the birthing process can invite disastrous consequences that could impact children and their families for the rest of their lives. If your baby sustained a birth injury caused by medical negligence, you could be eligible for financial compensation, but you must act before the statute of limitations runs out.

The Dallas birth injury lawyers at Rasansky Law Firm are dedicated to advocating for our clients’ rights and obtaining justice for them and their children. We have decades of experience holding doctors, nurses, and medical facilities responsible for the damages they inflicted by failing to uphold the standard of care to which they are held. Call us today or fill out our online contact form to discuss your potential case with a qualified member of our legal team.  

In the Event of a Birth Injury

If you suspect that medical negligence led to your child’s birth injury, it is a good idea to document everything you can remember about the incident: the name of your doctor and other members of your birth team and a timeline of events that took place before, during, and immediately after delivery. Trust your instincts: If something does not seem right to you, it is probably worth consulting a skilled birth injury attorney.

Any evidence you can gather will help your lawyer with your claim. Although an attorney can independently investigate your case, your odds of a successful outcome depend heavily on the strength of your evidence. Keeping track of names, taking photos, and making copies of all of your medical paperwork can be crucial if your baby is injured during childbirth.

Common Birth Injuries

Birth injuries take multiple forms, but some telltale signs could mean your child was the victim of medical malpractice. For instance, the misuse of equipment, lack of blood flow, and oxygen deprivation are some of the leading causes of birth injuries.

Some of the most common birth injuries are: 

• Broken bones
• Brain injuries
• Spinal cord injuries
• Skull fractures
• Brachial plexus injuries
• Intracranial hemorrhages
• Cerebral palsy
• Cystic fibrosis
• Newborn brain hemorrhage
• Nerve damage
• Erb’s palsy

Birth injuries and their symptoms are not always immediately obvious. For example, the signs of cerebral palsy can appear immediately after birth, or they can take years to manifest. An experienced birth injury lawyer will understand the nuances of these types of cases and have the resources to determine whether medical negligence caused or contributed to your baby’s condition.

Texas Statute of Limitations for Birth Injury Cases

In birth injury cases, time is a factor. Texas imposes a deadline known as the statute of limitations for filing medical malpractice and other personal injury claims. The Texas Civil Practice and Remedies Code Ann. § 74.251 states that the statute for birth injury cases is generally two years. If the child is filing the claim once they become an adult, they have until they are 20 years old. Extenuating circumstances notwithstanding, if this deadline lapses before you file your claim, you will be barred from collecting any financial compensation. 

Although it may seem like there is plenty of time, it is best to reach out to an attorney as soon as possible. The sooner you speak with a lawyer, the sooner they can get started on investigating your birth injury case. If too much time passes, collecting evidence will be much more difficult as memories fade and documents can be destroyed or lost to time.  

The Benefits of Legal Representation

Finding out that your baby has sustained a traumatic birth injury can be overwhelming and leaves you wondering what you should do next. A skilled birth injury attorney who has a well-established track record of achieving successful outcomes for birth injury cases will be your greatest asset and advocate during this challenging time.

Reliable Legal Advice

Families with children who were injured at birth can get a complimentary case review from one of our lawyers. We know that this is an emotionally taxing time for the whole family, so we offer free initial consultations to discuss your potential claim and explain your legal options to you. 

During your consultation, our attorneys will listen carefully to your story and address any concerns you may have. They will also give you straightforward and honest advice on the best way to proceed. Our goal is to help you make an informed decision about what is best for your child’s future and ensure you get the support you need.  

Collect Evidence

To secure a fair settlement, your lawyer will first have to prove that you and your baby were victims of medical negligence. In order to do so, they will collect evidence such as:

• Eyewitness statements
• Medical records
• Official documents
• Photo or video evidence
• Expert witness statements

Valuate Your Damages

To know how much your claim is worth, your attorney will need to calculate your damages. These include bills you have paid already and expenses you expect to incur in the future. To valuate your claim, your lawyer will review your hospital bills, lost earnings, and any other ways the birth injury has impacted your life and the life of your child. Your lawyer will also take into account non-economic damages such as pain and suffering.  

Negotiate a Settlement

Insurance companies are concerned with protecting their bottom line, not with your best interests. They will multiple underhanded tactics in an attempt to reduce your payout or deny your claim altogether. Having a skilled Dallas birth injury lawyer on your side will ensure that you do not fall for any of the insurance company’s tricks and get the settlement you need and deserve.

Rasansky Law Firm

Your baby’s health is your main priority. Working with the right birth injury lawyer can have a huge impact on the outcome of your case. Birth injury cases are complex and require a lawyer who has prior experience handling birth injury cases and is dedicated to advocating for the unique needs of your family. 

If medical negligence caused your child’s birth injury, you may be eligible for compensation to cover their medical bills and other losses. If you think you have a valid birth injury case, schedule a free consultation with a Dallas birth injury attorney at Rasansky Law Firm by calling us at (214) 651-6100.