What the statue of limitations for a birth Injury?

My son is 6 yers old and was diagnosed with Hemopaligic Cerebal Palsey. He has right sided deficits, barely walks, doesn’t talk and struggles every day. We believe based on medical records he was in distress during birth and it was not caught. He had a heart rate that went as low as 45 and was born blue.

Asked on September 24, 2013 under Malpractice Law, Texas


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

In Texas, as in Arizona and most places, statutes of limitations are tolled for minor children.  In Texas, claims for medical malpractice on a child under the age of 12 must be filed before the child's 14th birthday, so you have 7-8 years.  It is better to file sooner rather than later, as over the years, evidence disappears and witnesses tend to become difficult to locate and interview.  Get the boy's hospital records to a personal injury attorney for review.

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