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The moment you arrive at the hospital, you expect joy. You expect to leave with a healthy baby and a new chapter in your life. But when a medical error turns that expectation into a nightmare, time seems to stop. The machines beep too loudly. The doctors speak in hushed tones. Suddenly, you aren’t just a parent; you are a protector fighting for answers.
You might feel small against a big San Antonio hospital system. You might worry about the mounting medical bills or the long-term care your child may need. Worst of all, you might feel like no one is listening.
At Pelaez Law Firm, Crash Angels, we hear you. We know that a birth injury doesn’t just hurt a child; it shatters the entire family’s sense of safety. Our all-female team takes these injuries personally. We are here to help you understand the specific rights Texas law grants you and your child.
How Can I Prove Negligence Under the Texas Medical Liability Act?
Not every bad outcome is malpractice. Medicine is complex, and sometimes complications happen despite the best efforts of the medical team. To have a valid legal claim in Texas, you must prove that the injury resulted from negligence.
Texas law governs these claims under the Texas Civil Practice and Remedies Code, Chapter 74. To win a case, we must prove three specific elements by a “preponderance of the evidence” (meaning it is more likely than not to be true):
- Duty: The doctor or hospital had a professional duty to provide care to you and your baby.
- Breach: The provider failed to meet the accepted “standard of care.” This means they did something a prudent doctor would not have done, or failed to do something a prudent doctor would have done.
- Causation: That specific failure directly caused your child’s injury.
We investigate these elements relentlessly. We look at fetal monitoring strips, labor records, and hospital protocols to find where the breakdown occurred.
What Is the “Expert Report” Requirement?
Texas puts a heavy burden on parents right from the start. You cannot simply file a lawsuit and hope to find evidence later. Under Texas Civil Practice and Remedies Code § 74.351, we must serve an “expert report” on the defendant very early in the process—usually within 120 days after they file an answer to the lawsuit.
This report must be written by a qualified physician. It must detail:
- The applicable standard of care
- How the defendant failed to meet that standard
- The causal relationship between that failure and the injury
If this report is late or considered insufficient by the court, the judge may dismiss your case. Even worse, the court could order you to pay the doctor’s legal fees. This strict requirement is why you need a legal team that acts immediately to secure the right medical reviews.
What Are the Time Limits for Filing a Claim?
One of the biggest traps for parents is the Statute of Limitations. Texas law is strict about deadlines, and missing them can result in a permanent loss of recovery rights.
The Two-Year Rule for Parents
Generally, you have two years from the date of the injury to file a claim (Texas Civil Practice and Remedies Code § 74.251). This deadline applies to your claims as parents. This includes the cost of medical bills incurred before the child reaches the age of 18.
Warning: Many parents believe they can wait because their child is a minor. But if you wait longer than two years, you may lose the right to be reimbursed for the massive medical bills you are paying now, even if your child can still sue for their own pain and suffering later.
The Deadline for Minors
Texas law recognizes that children are not permitted to file their own lawsuits. For minors under the age of 12, the law extends the deadline. They have until their 14th birthday to file a claim for their own damages, such as physical impairment or future pain and suffering.
However, there is an absolute limit called the “Statute of Repose.” No claim can be filed more than 10 years after the act of negligence, regardless of the circumstances or the nature of the negligence.
Are There Caps on Damages in Texas?
Texas law limits the amount of money a jury can award for “non-economic” damages. These are damages for intangible losses, such as pain, suffering, mental anguish, and loss of enjoyment of life.
Under Texas Civil Practice and Remedies Code § 74.301, these caps are:
- $250,000 against all physicians and health care providers combined.
- $250,000 against a single health care institution (like a hospital).
- $500,000 total against all institutions if multiple hospitals are involved.
The maximum amount a family can generally recover for non-economic damages is capped at $750,000 (if there are physicians and two separate hospitals liable), though in many single-hospital cases, the total non-economic cap is $500,000.
Important: There is no cap on economic damages. This means there is no limit on what we can recover for your child’s past and future medical care, custodial care, or lost earning capacity. Since birth injuries often require a lifetime of care, these economic damages usually make up the largest part of the claim.
We Fight for Your Family’s Future
When a hospital makes a mistake, it has teams of lawyers and insurance adjusters ready to defend its bottom line. You deserve a team that is just as determined to defend your family.
At Pelaez Law Firm, Crash Angels, we don’t back down. We understand that your child’s health is your entire world. We work to secure the financial stability you need to pay for therapy, specialized equipment, and long-term care. Your win is our win. When you come to our San Antonio law firm, you’ll meet with attorneys, not paralegals.
If you suspect medical negligence caused your child’s injury, do not wait. The clock is already ticking.
Bring It! Contact the Crash Angels today at 210-801-9314 for a free consultation. You pay us nothing unless we win.
