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What is the statue of limitations for a birth injury in texas?

San Antonio, TX |

Our daughter was born with a large hematoma on her head. The dr. used forceps. She was born in San Antonio tx 7 yrs ago. The Hematoma calcified and she now has Autism. Is it too late to file a lawsuit?

Attorney Answers 5


  1. No. She has until she reaches the age of majority. However, the more time that passes the harder it will be to prove as witnesses disappear and records get lost. Consult a med mal attorney in your attorney. There are many good ones on Avvo.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. The statute of limitations does not begin to run until your daughter reaches age 18. I am happy to discuss this with you and would need more facts to provide a more thorough evaluation of any potential claim. 512-472-8318


  3. No. Your daughter has two years from age 18 to bring a claim.

    Medical records will need to be reviewed by a doctor to see if there is malpractice.

    DO NOT DO THIS WITHOUT A LAWYER

    You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

    The insurance company for the doctor or hospital is not your friend and is not concerned with your child's injuries and pain.

    Their goal is to make $ by paying as little as possible on the claim. They will frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

    I should know because I worked as a lawyer for insurance companies for 10 years defending medical malpractice claims.

    I would be more than happy to meet with you about the accident. I can be reached at (214) 800-3454. We handle cases all over Texas, including San Antonio.

    Please visit the links below for free information about birth injuries. You can also send a confidential e-mail to my website at www.kiplawfirm.com.

    Sincerely,

    Jason Kipness


  4. I would echo what the other lawyers have said. It sounds like there is still time to bring a case. However, you should not wait to do so, because the passage of time makes it harder to obtain records. harder to find witnesses, and more difficult to get the testimony necessary to prove the facts of your case. Many people have difficulty remembering details of events from 7 years ago. Please consult a personal injury lawyer in your area soon.


  5. I agree with my colleagues; however, unlike the other lawyers, I am going to talk to you about the difficulties that you may face. In the law, there is a small thing called "proximate cause" that the longer you wait, the harder it gets to prove. In other words, it has to be determined that, but for the Dr. using forceps, your daughter would not have been autistic. This would require experts and expenses that may exceed any amounts that you may recover. You need to seek legal advice form a medical malpractice lawyer. This case is a difficult one.

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