The simple answer is two years. The fuller, more accurate answer is it depends. The nature of birth injuries can have uniquely complicating implications for the medical malpractice statute of limitations in Texas.
Why Is the Statute of Limitations More Complicated for Birth Injuries?
There are a few different case-specific variables that might come into play:
- If a minor is the victim, the statute of limitations’ timer doesn’t necessarily start counting down until they turn 18
- Texas has a 10-year statute of repose for medical malpractice claims, which is essentially the maximum amount of time a plaintiff has to file a claim
- If a medical malpractice injury isn’t obvious at the time of treatment, the statute of limitations countdown doesn’t begin until the error is first identified, which usually occurs when the injury is discovered
Some of those statute of limitations exceptions are not relevant to birth injuries given that they’re canceled out by other Texas laws. For example, the 10-year statute of repose means it’s simply not legally possible for a child to wait 18 years to file a claim, even if that rule would seem to imply the injured minor would have until their 20th birthday to file a claim.
If a child has cerebral palsy caused by a medical mistake, one of the most common and tragic birth injury complications, their parents need to file a claim before the child turns 10 years old.
What Birthing Mistake Can Cause Cerebral Palsy?
Cerebral palsy is a result of the brain not receiving enough oxygen, resulting in brain damage. Doctors and obstetricians are trained to prevent situations where a baby becomes oxygen deprived, but mistakes can happen.
The initial signs a baby might be suffering from cerebral palsy don’t always manifest right away, making discussions of the statute of limitations particularly relevant in the context of birth injury lawsuits.
There are both active mistakes and mistakes of inaction during delivery that can potentially result in brain damage. In fact, most causes are explicitly situations where a doctor failed to take necessary measures. The only common exception is a doctor using forceps to deliver the baby, which can potentially result in debilitating injuries.
Birth mistakes frequently take the form of not recognizing or acting on warning signs:
- Ignoring or missing fetal distress indicators
- Not ordering or performing a cesarian section despite signs indicating fetal distress
- Ignoring or missing signs of eclampsia or preeclampsia (a spike in the mother’s blood pressure)
- Failing to act when a mother is enduring a dangerously long labor due to her inability to safely deliver vaginally
All these mistakes can potentially justify a medical malpractice claim if they resulted in a long-lasting birth injury like cerebral palsy. What can complicate matters is if the mother was knowingly making decisions that led to these injuries, despite being informed of the risks.
For example, if a mother is adamant that they want to give vaginal birth instead of birth by cesarian, and their baby suffers a birth injury as a result, the parents may find it difficult to hold the obstetricians and hospital liable for the resulting injuries.
Why Is the Statute of Limitations Important in Cerebral Palsy Birth Injury Cases?
At the earliest, parents might suspect there’s something wrong with their child within the first couple months of the baby’s life. However, children may not be officially diagnosed with cerebral palsy until they’ve missed multiple developmental milestones. That means children can be up to two years old before they’ve been officially diagnosed.
If the statute of limitations was a strict two years from the actual injury, many parents would be in positions where they could no longer file a claim at that point.
Although parents technically have two years to file a medical malpractice lawsuit for a birth injury, it’s generally not in your best interest to wait. The sooner you speak to a birth injury lawyer, the easier it will be for them to gather evidence, speak to witnesses and consult with the necessary medical experts.
Birth Errors Can Have Long-Lasting Consequences
It’s hard to overstate just how difficult cerebral palsy can be for Houston families. Abnormal brain development can have permanently debilitating consequences and lead to life-long pain and suffering. The added cost of caring for a child with cerebral palsy can be astronomical, especially if they will require extra care for their entire life.
Working with a local Houston medical malpractice lawyer who understands birth injury cases may be beneficial for your family. Call the Weycer Law Firm today at (713) 668-4545 for a free case evaluation.
