Different states have different time limitations in regard to how long you have to bring a claim or lawsuit (statute of limitations) for a cerebral palsy birth injury case. In general, most states limit this time frame to two years from the incident, or rather, 2 years from when you are made aware of the injury. However, there exists a “loophole” of sorts.
Some states (including Texas) allow injured children to file a lawsuit on their own behalf up until two years after they reach the age of majority (essentially, they have until their 20th birthday). However, Texas also has a 10-year statute of repose on all medical malpractice cases. Since cerebral palsy cases are caused by birth injuries, and birth injuries fall under the category of medical malpractice, this means that you may have the ability to file a lawsuit against the doctor until the child turns 10 years of age.
This being said, bringing a medical malpractice case several years after the incident is going to prove very challenging. If you’re considering your legal options, we strongly advise you to call us for a free consultation as soon as possible. We’re happy to look into the facts of your case for no charge and provide you with answers regarding your legal options.