A Texas birth injury lawyer represents children harmed during pregnancy, labor, or delivery — and the families who care for them — in medical malpractice claims against doctors, hospitals, and other healthcare providers. At Amaro Law Firm, our attorneys offer free, confidential case evaluations to Texas families and, when a case warrants pursuit, connect families with the specialized birth injury trial counsel needed to take these complex cases through Texas’s strict medical malpractice procedures.
In Texas, children injured at birth generally have until their 14th birthday to file a medical malpractice lawsuit, even though parents’ independent claims for their own losses must be filed within two years under Civil Practice and Remedies Code § 16.003. Texas medical malpractice cases also require a qualified expert report under CPRC § 74.351 within 180 days of filing. Non-economic damages are capped under CPRC Chapter 74 — but economic damages, including lifetime medical care, are not capped, and catastrophic birth injury cases routinely involve future-care valuations in the millions. Amaro Law Firm offers free, confidential consultations for Texas birth injury families.
Compiled by Amaro Law Firm — Texas-licensed trial attorneys serving Houston, Dallas, Austin, San Antonio, and families across Texas.
Call 713-352-7975 for a free, confidential consultation.
If You Believe Your Child Was Harmed at Birth, You Are Not Alone
If you are reading this page, you are likely in one of three situations.
Your child was recently diagnosed with cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), or another condition you believe is connected to what happened in the delivery room. You are still in the early stages of understanding what happened and what your child’s future will look like.
Your child is now several years old, and developmental delays, motor difficulties, or cognitive challenges have only become clear over time. You did not know at age one that something was wrong. You are now wondering whether it is too late to do anything.
Or you have a wrongful death claim. Your baby did not survive what should have been a routine birth, and you are trying to understand whether the hospital’s account of what happened matches what really occurred.
This page answers the questions Texas birth injury families ask most often.
Texas Birth Injury Law: The Essentials
Four pieces of Texas law shape every birth injury case. Understanding them is the difference between knowing whether you have a case and assuming you do not.
The Statute of Limitations for Minors
Texas medical malpractice claims generally must be filed within two years of the negligent act under Civil Practice and Remedies Code § 74.251. But for minors injured at birth, that deadline is tolled — meaning paused — under the interaction between Chapter 74 and the protections Texas extends to minor plaintiffs. In practical terms, a child injured at birth in Texas generally has until their 14th birthday to file a medical malpractice lawsuit on their own behalf.
Parents’ separate claims for their own losses — medical bills paid, mental anguish, loss of consortium — run on the standard two-year clock and can be lost much earlier. If your child is older than two and you have not yet consulted an attorney, your child may still have a claim even if your independent claim has expired.
The Chapter 74 Expert Report Requirement
Texas medical malpractice plaintiffs must serve a qualified expert report on each defendant within 180 days of filing suit, under Civil Practice and Remedies Code § 74.351. The report must identify the standard of care, how each defendant breached it, and the causal connection between the breach and the injury. Failure to serve a compliant report results in dismissal with prejudice and an award of attorney fees against the plaintiff. This is the procedural mechanic that makes Texas medical malpractice cases unusually demanding — and unusually expensive to develop — and it is one reason many Texas firms refer birth injury cases to attorneys with deep experience in this specific area.
Texas Damage Caps
Under Civil Practice and Remedies Code Chapter 74, non-economic damages in Texas medical malpractice cases are capped at $250,000 per defendant physician, with an additional aggregate cap of up to $500,000 against multiple healthcare institutions. Non-economic damages include pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life.
Economic damages — past and future medical expenses, lost earning capacity, life-care costs, special education, home modifications, adaptive equipment, and ongoing therapy — are not capped. For catastrophic birth injuries such as cerebral palsy and HIE, lifetime economic damages routinely run from $5 million to more than $15 million, valued by certified life-care planners and forensic economists.
Public Hospital Cases and the Texas Tort Claims Act
Births that occur at public hospitals — including UT Health, Parkland, Ben Taub, JPS, and other county or state-affiliated facilities — are subject to additional notice requirements and damage limits under the Texas Tort Claims Act. Notice must generally be given within six months of the incident, and damages against governmental entities are capped at lower amounts than private medical malpractice cases. These cases require attorneys familiar with both medical malpractice law and the Tort Claims Act.
What Is the Difference Between a Birth Injury and a Birth Defect?
A birth injury is trauma a newborn suffers during labor, delivery, or shortly after birth — most often from medical action or inaction. A birth defect is a physical, biochemical, or genetic anomaly that develops during pregnancy from causes typically unrelated to delivery-room care.
The distinction matters because birth injury claims rest on whether medical negligence caused the harm. Birth defects, even severe ones, are generally not the basis for a medical malpractice claim unless the defect went undiagnosed when it should have been detected, or unless the medical team’s response to the defect fell below the standard of care.
Common Types of Texas Birth Injuries
Birth injuries take many forms. The most common types associated with medical negligence claims include the following.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE is brain injury caused by oxygen deprivation during labor or delivery. It is the most legally significant birth injury because it is frequently linked to documented failures to monitor fetal heart strips, failures to recognize signs of fetal distress, and failures to perform a timely C-section. HIE is the most common medical cause of cerebral palsy.
Cerebral Palsy
Cerebral palsy describes a category of motor disorders caused by brain damage at or near the time of birth. About 1 in 345 children in the United States is living with cerebral palsy according to the CDC. While CP can have non-malpractice causes, CP linked to documented oxygen deprivation, untreated maternal infection, or delayed C-section is often the basis for birth injury litigation.
Brachial Plexus Injuries (Erb’s Palsy)
Brachial plexus injuries occur when the network of nerves connecting the spinal cord to the arms and hands is stretched or torn during delivery, often during shoulder dystocia. When the upper brachial plexus nerves are damaged, the condition is referred to as Erb’s palsy. Brachial plexus injuries are diagnosed in approximately 3 of every 1,000 births, and severe cases may require nerve graft surgery and lifelong therapy.
Shoulder Dystocia
Shoulder dystocia happens when a baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery. It is an obstetric emergency. The standard of care requires specific maneuvers performed in a specific sequence within a narrow time window. Failure to recognize and properly respond to shoulder dystocia can cause brachial plexus injury, fractures, oxygen deprivation, and HIE.
Forceps and Vacuum Extraction Injuries
Improper use of forceps and vacuum extractors can cause skull fractures, intracranial bleeding, facial nerve injuries, scalp lacerations, and brain damage. Vacuum-assisted deliveries that exceed recommended pull counts or time limits are a recurring basis for litigation.
Kernicterus
Kernicterus is preventable brain damage caused by untreated severe jaundice (hyperbilirubinemia). Failure to test bilirubin levels, failure to recognize warning signs, and failure to provide timely phototherapy or exchange transfusion can all support a malpractice claim.
Fractures and Birth Trauma
Clavicle fractures, skull fractures, and other birth-related fractures can result from improper handling, breech delivery complications, or instrument misuse. Many minor fractures heal without lasting impact, but severe fractures may indicate larger problems in the delivery.
Wrongful Death
When a baby does not survive labor, delivery, or the immediate postpartum period, surviving parents may file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. Damages may include mental anguish, loss of companionship, funeral expenses, and — through a survival claim — the baby’s pre-death pain and suffering.
What Causes Birth Injuries?
Most birth injuries that support legal claims are caused by preventable medical errors. The most common causes include the following.
- Failure to monitor fetal heart strips. Continuous electronic fetal monitoring is the standard of care for most labor. Failure to recognize non-reassuring heart-rate patterns is the single most common basis for HIE and CP claims.
- Failure to perform a timely C-section. Once fetal distress is identified, the decision-to-incision standard is generally 30 minutes or less for emergent cases. Delays past that window are a frequent basis for litigation.
- Failure to recognize and respond to shoulder dystocia. Specific maneuvers must be performed in sequence within minutes. Pulling too hard on the baby’s head is a known cause of brachial plexus injury.
- Failure to diagnose or treat maternal infection. Untreated group B strep, chorioamnionitis, and other infections can cause neonatal sepsis and brain damage.
- Improper use of forceps or vacuum. Excessive pull counts, prolonged application, and use in unsuitable cases can cause severe head and brain injuries.
- Failure to manage gestational diabetes or preeclampsia. Unmanaged maternal conditions can lead to fetal macrosomia, premature delivery, and oxygen deprivation.
- Anesthesia errors. Improperly placed epidurals, dosing errors, and failure to monitor maternal vital signs can harm both mother and baby.
- Failure to escalate to a more experienced provider. Nurses and residents who fail to involve attending physicians during complications can be liable, as can the supervising physicians.
Risk Factors That Should Trigger Heightened Care
Some pregnancies carry a higher risk of birth injury than others. The presence of these risk factors does not cause injury — but it does heighten the standard of care, because medical professionals are on notice that complications are more likely.
- Cephalopelvic disproportion (CPD) — the baby’s head is too large or the mother’s pelvis is too narrow for safe vaginal delivery
- Fetal macrosomia — a fetus weighing 9 pounds or more, which raises the risk of shoulder dystocia
- Gestational diabetes — can cause excessive fetal growth and complications
- Preeclampsia and eclampsia — high blood pressure conditions that can cause stroke, organ damage, and placental abruption
- Breech presentation — increases the risk of cord prolapse, oxygen deprivation, and trauma during delivery
- Prolonged labor — labor lasting more than 18 hours raises the risk of infection and oxygen deprivation
- Premature birth — premature infants are more vulnerable to brain injury, infection, and respiratory complications
- Previous C-section — vaginal birth after cesarean (VBAC) carries specific risks that require careful monitoring
- Multiple gestation — twins, triplets, and higher-order multiples carry compounded risks
When these risk factors are present, the medical team is on notice. Failure to adjust monitoring, staffing, or delivery planning in response to known risks can support a malpractice claim.
Who Can Be Held Liable for a Texas Birth Injury?
Most birth injury cases involve more than one defendant. Potentially liable parties include:
- Obstetricians and gynecologists (OB-GYNs) — for failures in prenatal care, labor management, or delivery decisions
- Labor and delivery nurses — for failures to monitor, document, or escalate
- Midwives — for practicing outside scope or failing to transfer care when complications arise
- Anesthesiologists — for medication errors or failure to monitor
- Neonatologists and pediatricians — for failures in immediate post-birth care
- Hospitals and birthing centers — for negligent credentialing, understaffing, equipment failures, and the actions of employed providers
- Drug and medical device manufacturers — for defective products used during labor and delivery
Hospitals can be vicariously liable for the negligent acts of their employees and, in some cases, for the acts of independent contractors who appear to be hospital staff. Identifying every liable party expands the available insurance coverage and is one of the most important parts of the legal investigation.
Damages in Texas Birth Injury Cases
Catastrophic birth injuries produce some of the largest damages claims in personal injury law. The financial impact of a condition like severe cerebral palsy or HIE extends across the child’s entire lifetime.
Economic damages (not capped under Chapter 74) typically include:
- Past and future medical expenses
- Ongoing therapy — physical, occupational, speech, behavioral
- Specialized equipment — wheelchairs, communication devices, feeding pumps
- Home modifications and accessible vehicles
- Special education and tutoring
- Attendant care and skilled nursing
- Lost earning capacity over the child’s working life
- Loss of household services
Non-economic damages (capped at $250,000 per defendant physician and up to $500,000 against multiple institutions) include:
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Physical impairment
- Loss of enjoyment of life
Life-care planners and economists value future damages over the child’s life expectancy, often producing claims in the seven- and eight-figure range for catastrophic injuries.
Common Mistakes Texas Birth Injury Families Make
Five mistakes hurt birth injury cases more than any others.
- Assuming the deadline has passed. Many parents come to believe they have missed the two-year statute of limitations when, in fact, the child’s own claim is tolled until age 14 or later.
- Talking to hospital risk management without a lawyer. Hospitals routinely contact families after adverse outcomes through “patient advocates” and risk-management personnel whose role is to limit the hospital’s exposure.
- Signing medical records releases or settlement documents presented by the hospital or its insurer. Sign nothing without legal review.
- Posting on social media. Photos, status updates, and check-ins can be used to argue your child is less affected than the claim asserts.
- Waiting to seek a legal opinion. Medical records become harder to obtain. Witnesses move on. Even with the tolling rule protecting the child’s claim, building a strong case is easier when records and witness recollections are fresh.
What to Expect When You Contact Amaro Law Firm
Texas birth injury cases require specialized counsel with deep experience in catastrophic medical malpractice litigation, Chapter 74 procedure, and the medical fields involved. Here is how we help.
Step 1: Free, confidential consultation. When you call Amaro Law Firm, we listen. We ask about what happened during your pregnancy, labor, and delivery; about your child’s diagnosis and current condition; and about what you have been told by the hospital and treating physicians.
Step 2: Honest assessment. Not every adverse birth outcome is the result of medical negligence. We give you a straight, honest answer about whether the facts you describe suggest a viable claim under Texas law — including whether the statute of limitations works for or against you.
Step 3: Records review where appropriate. If the initial conversation suggests a potential claim, we may help you obtain and review your medical records.
Step 4: Connection to specialized birth injury counsel. Birth injury cases are highly specialized. When a case warrants pursuit, we connect families with experienced Texas birth injury trial attorneys who have the medical experts, financial resources, and case-specific track record these claims require.
Step 5: Continued support. Families who retain referred counsel often have ongoing questions. We remain available as a continuing point of contact throughout the process.
Why Texas Families Call Amaro Law Firm First
- Free, confidential consultations. No cost, no obligation, no pressure.
- Honest case evaluation. We tell you what we believe about your potential case, including when we do not believe the facts support a claim.
- Statewide reach. We serve families across Texas from offices in Houston, Dallas, Austin, San Antonio, and other locations.
- Trusted referral network. When a case warrants pursuit, we connect families with experienced Texas birth injury trial counsel.
- 24/7 availability. We respond to inquiries around the clock.
Texas Birth Injury FAQ
How long do I have to file a Texas birth injury lawsuit?
In Texas, children injured at birth generally have until their 14th birthday to file a medical malpractice lawsuit, even though parents’ independent claims for their own losses must be filed within two years under Civil Practice and Remedies Code § 16.003. If your child is older than two and you have not yet consulted an attorney, your child may still have a claim even if your independent claim has expired.
What is the Chapter 74 expert report requirement?
Texas medical malpractice plaintiffs must serve a qualified expert report on each defendant within 180 days of filing suit, under Civil Practice and Remedies Code § 74.351. The report must identify the standard of care, how each defendant breached it, and the causal connection between the breach and the injury. Failure to serve a compliant report results in dismissal with prejudice and an award of attorney fees against the plaintiff.
Are there damage caps in Texas birth injury cases?
Under Civil Practice and Remedies Code Chapter 74, non-economic damages in Texas medical malpractice cases are capped at $250,000 per defendant physician, with an additional aggregate cap of up to $500,000 against multiple healthcare institutions. Economic damages — past and future medical expenses, lost earning capacity, life-care costs, special education, home modifications, adaptive equipment, and ongoing therapy — are not capped.
How much does a Texas birth injury lawyer cost?
Most Texas birth injury attorneys work on a contingency fee basis. There are no upfront costs, no hourly fees, and the lawyer’s fee is a percentage of any recovery, agreed to in writing before representation begins. Amaro Law Firm offers free, confidential consultations for Texas birth injury families.
Who can be held liable for a Texas birth injury?
Most birth injury cases involve more than one defendant. Potentially liable parties include obstetricians and gynecologists, labor and delivery nurses, midwives, anesthesiologists, neonatologists and pediatricians, hospitals and birthing centers, and drug or medical device manufacturers. Identifying every liable party expands the available insurance coverage.
What is the difference between a birth injury and a birth defect?
A birth injury is trauma a newborn suffers during labor, delivery, or shortly after birth — most often from medical action or inaction. A birth defect is a physical, biochemical, or genetic anomaly that develops during pregnancy from causes typically unrelated to delivery-room care. Birth injury claims rest on whether medical negligence caused the harm.
What is HIE and how is it linked to birth injury claims?
HIE is brain injury caused by oxygen deprivation during labor or delivery. It is the most legally significant birth injury because it is frequently linked to documented failures to monitor fetal heart strips, failures to recognize signs of fetal distress, and failures to perform a timely C-section. HIE is the most common medical cause of cerebral palsy.
What if my baby was delivered at a public hospital?
Births that occur at public hospitals — including UT Health, Parkland, Ben Taub, JPS, and other county or state-affiliated facilities — are subject to additional notice requirements and damage limits under the Texas Tort Claims Act. Notice must generally be given within six months of the incident, and damages against governmental entities are capped at lower amounts than private medical malpractice cases.
What if my baby did not survive?
When a baby does not survive labor, delivery, or the immediate postpartum period, surviving parents may file a wrongful death claim under Texas Civil Practice and Remedies Code § 71.002. Damages may include mental anguish, loss of companionship, funeral expenses, and — through a survival claim — the baby’s pre-death pain and suffering.
Talk to a Texas Birth Injury Lawyer Today
If you believe your child was harmed during pregnancy, labor, or delivery — or if you simply do not understand what happened in the delivery room — calling a lawyer is a free, confidential way to get answers.
Amaro Law Firm offers free consultations to Texas birth injury families. We will listen to what happened, give you an honest assessment of your potential claim, and — if your case warrants pursuit — connect you with experienced Texas birth injury trial counsel.
Call 713-352-7975 or request a free case review online.