As is the case with most personal injury lawsuits involving negligence, birth injury lawsuits must be filed within a specified period of time.
Known as the statute of limitations, this time limit creates a strict deadline for pursuing a lawsuit against the party or parties that caused your child or you harm. In Texas, the statute of limitations for most medical malpractice lawsuits is two years from the date of the incident. Should that time limit expire, victims and families will be barred from pursuing legal action and recovering compensation for their damages.
Keep reading to learn more about this law and the exceptions to the rule.
Texas Statute of Limitations for Medical Malpractice Cases
Because the statute of limitations is an important factor in birth injury cases, it is important to know how it applies to your case so as not to compromise your right to financial compensation.
Below are a few key facts you need to know.
When It Begins
In most cases, the statute of limitations begins on the date an injury occurs. In the context of birth injuries, this typically means the date of birth. However, there are some injuries that may not be readily apparent at birth, or even discovered for months or years into a child’s development.
In these types of cases, many states take the discovery rule into account, which starts the statute of limitations on the date the injury was discovered, rather than when it was caused. In Texas, there are complex laws that cover this issue, and which extend the statute of limitations depending on who is injured.
When Minors are Involved
In Texas, the statute of limitations for most medical malpractice lawsuits is two years from the date of the incident. However, Texas does make exceptions when certain circumstances are involved, such as in cases where victims are minors.
When minors are injured due to negligent acts, state law tolls (or delays) the statute of limitations to two years after the minor turns 18, meaning children may have until the age of 20 to file a birth injury lawsuit. However, Texas still enforces the standard statute of limitations in cases involving adults injured by medical malpractice (such as when a mother is injured due to preventable birth injuries), which could require families to bring a claim within 2 years from the date the injury occurred.
Depending on the circumstances, an experienced lawyer can help you understand which time limit applies to your case, and argue effectively to extend the statute of limitations when necessary.
Disabilities
Birth injuries have the potential to result in severe mental and physical disabilities, and states often take this into account when adjusting the statute of limitations.
For example, the statute of limitations is often tolled in many states (meaning it does not begin) until families discover a serious disability, which may not present itself until later in life, such as in the case of cerebral palsy. This is generally why children have until the age of 20 to bring birth injury lawsuits in Texas, and why families may have the opportunity to argue for an extension of the statute of limitations when disabilities are involved in their case.
Government Entities
Exceptions to the statute of limitations can apply when injuries involve government entities. This may occur if the negligent health care provider was employed by or funded through a local, county, or state agency.
Claims against the federal government follow different rules. If a birth injury occurs at a military hospital, VA hospital, or another federally funded facility, the Federal Tort Claims Act (FTCA) applies. Under the FTCA, families must file an administrative claim within two years of the injury with the responsible federal agency before a lawsuit can proceed. The government then has up to six months to respond, which can make these cases take longer than state-level malpractice claims.
Taking The First Step
Because there are deadlines in place that can bar you from recovering compensation after a preventable birth injury, and because those deadlines can vary or are open to argument and extensions, taking steps to speak with an injury lawyer as soon as possible should be your top priority.
Not only can timely action ensure your case is filed before the statute of limitations in your case runs out, but it can also provide the time to thoroughly investigate your case, build a strong claim, and pursue the full compensation you deserve.
If you have questions about the statute of limitations in your birth injury case, or wish to discuss how our award-winning attorneys at Hampton & King can help you take the next steps, contact us for a free consultation.