Texas Birth Injury Lawyer: Fight Hospital Negligence
TL;DR: Not every bad outcome during childbirth is malpractice. In Texas, health care liability claims (including birth injuries) generally require timely expert reports addressing the standard of care, breach, and causation, and certain noneconomic damages are capped. Strict deadlines apply, so speak with a Texas attorney promptly.
Understanding Birth Injury and Hospital Negligence
A birth injury is harm to a baby (or sometimes the mother) occurring before, during, or shortly after delivery. Not every adverse event is negligence. In Texas, a health care liability claim is governed by Chapter 74 of the Texas Civil Practice and Remedies Code, which applies to claims against physicians, nurses, hospitals, and other health care providers. See Tex. Civ. Prac. & Rem. Code ch. 74.
Hospital or provider negligence can arise from inadequate fetal monitoring, delayed response to signs of distress, medication or dosing errors, improper use of delivery instruments, delays in escalating to cesarean delivery, or communication breakdowns among labor and delivery staff.
Key Legal Elements in Texas Medical Malpractice
Texas birth injury plaintiffs typically must prove: (1) a provider–patient relationship (duty), (2) a breach of the applicable standard of care, (3) causation linking the breach to the injury, and (4) damages. Expert testimony is generally required to establish the standard of care, breach, and causation, and Chapter 74 requires early expert reports that provide a fair summary of those opinions. See § 74.351 and expert qualification provisions at § 74.401 and § 74.402.
Expert Reports and Early Case Requirements
For Texas health care liability claims, a claimant must serve each defendant with an expert report not later than the 120th day after filing the original petition. The report must fairly summarize the expert’s opinions regarding the applicable standard of care, how it was breached, and the causal relationship to the injury. See § 74.351(a), (r)(6). If a timely report is not served, the court must, on motion, dismiss the claim with prejudice and award certain costs and fees. See § 74.351(b). Courts may allow a brief opportunity to cure a deficient (but timely) report. See § 74.351(c).
Common Birth Injury Issues We Investigate
- Fetal monitoring and response to non-reassuring tracings
- Timely escalation and decisions regarding assisted delivery or cesarean
- Shoulder dystocia management and brachial plexus injury mechanisms
- Hypoxic-ischemic events and neonatal resuscitation practices
- Medication administration and dosing (e.g., oxytocin protocols, magnesium sulfate)
- Maternal complications such as preeclampsia, hemorrhage, or infection control
- Communication during handoffs among obstetrics, anesthesia, and pediatrics
Evidence That Can Strengthen Your Case
- Complete maternal and neonatal medical records, including electronic fetal monitoring strips
- Relevant hospital policies and protocols for labor and delivery
- Imaging and diagnostic studies (e.g., MRI, ultrasound) and NICU records
- Growth and developmental assessments, therapy records, and school evaluations
- Witness notes or timelines from family members present during labor and delivery
- Documentation of financial losses, out-of-pocket costs, and future care needs
Note: Some internal hospital materials may be confidential or legally protected and not directly obtainable by patients. Your attorney can advise on preservation letters and lawful discovery.
Damages and Compensation
Recoverable damages may include past and future medical expenses, future care costs and life-care plans, lost earning capacity, physical pain, mental anguish, physical impairment, and disfigurement. Texas caps certain noneconomic damages in health care liability cases at: up to $250,000 per claimant against all physicians/individual providers, plus up to $250,000 per claimant against a single health care institution (capped at $500,000 total against multiple institutions). See § 74.301. Different rules can apply to wrongful death claims. See generally ch. 74.
Deadlines and Early Steps
Texas imposes strict statutes of limitations and a statute of repose for health care liability claims. See § 74.251. Time limits can vary based on the facts, the parties, and whether the claimant is a minor. Because these deadlines and the expert-report requirement are time-sensitive, consult counsel as soon as possible.
Practical Tips for Families
- Ask for copies of fetal monitoring strips before discharge if possible.
- Keep all follow-up appointments and organize records by date.
- Start a journal noting symptoms, therapies, and provider statements.
- Avoid posting details about the delivery on social media.
Quick Checklist Before You Call a Lawyer
- Obtain maternal and neonatal charts and imaging CDs.
- List all hospitals, clinics, and providers involved.
- Gather insurance EOBs and out-of-pocket receipts.
- Create a timeline from pregnancy to postpartum.
- Identify potential witnesses who were present.
How a Texas Birth Injury Lawyer Helps
- Rapid preservation of medical records, fetal monitoring data, and imaging
- Consultation with qualified obstetric, pediatric, and nursing experts
- Evaluation of standard-of-care breaches and causation
- Development of future care plans and economic analyses
- Negotiation with insurers and hospital systems and, when necessary, litigation and trial
What to Do If You Suspect Hospital Negligence
- Request and securely store all maternal and neonatal records and imaging
- Keep a detailed timeline from pregnancy through delivery and postpartum care
- Track diagnoses, therapies, and developmental milestones
- Avoid discussing fault with insurers before speaking to counsel
- Contact a Texas birth injury attorney to evaluate your options under state law
Key Texas Authorities
See § 74.351 (expert reports), § 74.401 and § 74.402 (expert qualifications), § 74.301 (noneconomic damages caps), and § 74.251 (limitations and repose).
FAQ
Is every bad birth outcome malpractice?
No. You must show a breach of the standard of care that caused the injury, usually through qualified expert opinions.
How long do I have to file in Texas?
Deadlines vary and a statute of repose may apply. Act quickly to protect your rights and meet the expert report deadline under § 74.351.
What damages are capped?
Texas caps certain noneconomic damages in health care liability claims under § 74.301. Economic damages like medical expenses are not capped.
Do I need an expert to review my case?
Yes. Expert review is typically necessary to evaluate standard of care, breach, and causation and to satisfy Chapter 74 requirements.
Talk to a Texas Birth Injury Lawyer
If you suspect a preventable birth injury, our team can help you evaluate your options under Texas law. Contact us for a free, confidential consultation.
Disclaimer: This blog provides general information about Texas law and is not legal advice. Reading it does not create an attorney–client relationship. Laws and deadlines change; outcomes depend on specific facts. Consult a licensed Texas attorney about your situation.