Dallas Birth Injury Lawyers

If your baby was hurt during labor or delivery at a Dallas-area hospital, Texas law may allow your family to recover the cost of lifelong care from the providers responsible, but strict notice, expert-report and filing deadlines apply.

What to do now:

1. Request the complete records. Ask for the full labor and delivery chart, the fetal monitoring strips and the NICU records, not a summary.
2. Write down what happened. Note the timeline of labor, what staff told you, and every bill or therapy referral since the birth.
3. Check your filing deadline this week. Many Texas health care claims must be filed within 2 years of the care, and a 10-year outer limit generally applies, even to children.

Charles Gilman, a founding partner licensed in Texas, helps Dallas families learn whether a child's injury traces back to the delivery care. Our firm won the $182 million birth injury verdict against the University of Pennsylvania (Hagans v. Hospital of the University of Pennsylvania). No fee unless we win.

Call (800) 529-6162. We answer our phone 24/7.

Key Takeaways

• In Texas, birth injury claims against doctors, nurses and hospitals are health care liability claims governed by Chapter 74 of the Texas Civil Practice and Remedies Code.
• Texas requires written notice to each provider at least 60 days before suit. It also requires a physician's expert report within 120 days after each defendant answers, and a missed report can lead to dismissal with prejudice.
• Non-economic damages are capped, at most $750,000 per claimant in total. The child and parents share one cap. Economic damages, such as future medical and attendant care, are not capped.
• The deadline rules for children injured at birth are complex and unsettled. A 10-year statute of repose generally sets the outer limit, so families should act well before the child's 10th birthday.
• If a government entity operates the hospital, written notice is generally due within six months, and that deadline is not extended because the patient is a child.

What Does Waiting Cost a Family After a Dallas Birth Injury?

A Texas birth injury claim decides who pays for a child's care over a lifetime. That care can include therapies, equipment, home and vehicle changes, special education, and the income your child may never be able to earn. The claim also affects whether both parents can keep working, or whether one becomes a full-time caregiver without help.

Texas gives families less time than most parents expect, and the clock generally starts with the medical care itself, not the diagnosis. Under the state's health care liability statute, the two-year period runs from the care at issue. The Texas Supreme Court has held that a family cannot choose a later starting date. A 10-year outer limit generally applies even to a child.

Several other timelines stack on top of that one:

1. Pre-suit notice. Written notice must reach each provider at least 60 days before a lawsuit is filed.
2. Expert reports. A physician's report must be served within 120 days after each defendant answers. Children get no extra time.
3. Government facilities. If a government entity operates the hospital, written notice is generally due within six months. A child's age does not extend it.
4. The parents' own claim. The parents' claim for medical bills before age 18 belongs to them. It can expire separately from the child's claim.

Evidence also fades. Nurses change jobs. Memories of a long night on the labor floor blur. Electronic monitoring data and internal records are easier to track down while the case is recent.

None of this means you must decide anything today. It means the investigation should start early enough to give medical experts time to do careful work.

Not sure which deadline applies to your family? Call Gilman & Bedigian at (800) 529-6162. Tell us the hospital, the delivery date and what your child's doctors have said, and ask how the Texas timelines may apply to you.

How Does Our Team Investigate a Dallas Birth Injury?

We investigate a birth injury by rebuilding labor and delivery minute by minute from the records. Then we ask independent medical experts two questions. Did the care meet the standard Texas law requires? Would a different decision have changed the outcome? Charles Gilman, managing partner and co-founder of Gilman & Bedigian, leads this work for our Dallas families, and his Texas license covers both state and federal courts.

Expert testimony sits at the center of every birth injury case. At the request of his peers, Charles Gilman has given lectures on the use of expert witnesses at trial, and that focus shapes how we build a case from the first records request. Here is how the process usually unfolds.

Step 1: We listen to your family's account first

Parents often remember details that never make it into a chart. You might recall a nurse leaving the room for a long stretch, an alarm that kept sounding, or a doctor who arrived late. We write down your timeline before we read the hospital's version. That way, we can compare the two.

Many parents quietly blame themselves. Please don't. The legal questions in a birth injury case are about the medical care, not about anything you did or didn't do.

Step 2: We collect the complete medical record

Federal law gives patients the right to copies of their records under 45 C.F.R. § 164.524. We request the complete chart for both mother and baby, not a discharge summary. Under Texas law, records must also be exchanged within 45 days of a request once the Chapter 74 notice process begins (Tex. Civ. Prac. & Rem. Code § 74.051). For practical first steps families can take on their own, see what to do after a birth injury.

These are the records that usually matter most:

Step 3: We obtain independent medical review

We send the records to outside specialists. Depending on the injury, they may include experts in obstetrics, maternal-fetal medicine, labor and delivery nursing, neonatology, pediatric neurology and neuroradiology.

Texas sets its own rules here. An expert who criticizes a physician's care must be a practicing physician, and causation opinions must come from a physician (Tex. Civ. Prac. & Rem. Code §§ 74.401, 74.403(a)). We choose reviewers with those rules in mind from the start.

Sometimes the honest answer is that the injury came from something unrelated to the delivery care, such as a genetic condition or a prenatal infection. When the records point that way, we tell you.

Step 4: We build the Texas notice and expert report before filing

Because the 120-day expert report deadline runs from each defendant's answer, a Texas case has to be well developed before the lawsuit is filed. We prepare the pre-suit notice, the statutory medical authorization and the expert support together. That sequence protects the claim from a dismissal on procedural grounds.

Step 5: We prepare every case as though it will be tried

A case that is ready for trial is a case the defense must take seriously. Our co-founder Briggs Bedigian has tried more than 70 cases to verdict. Some of our attorneys also spent years defending doctors and hospitals before joining the firm. That background helps us anticipate how a hospital's lawyers and insurers will evaluate the records.

Have records or a diagnosis letter in front of you? Gather the hospital name, the delivery date, your child's current diagnoses and any bills or therapy referrals. Then call (800) 529-6162 to talk through what you have and what may still be missing.

What Birth Injuries Can Be Linked to Delivery Room Errors?

In Texas, as everywhere, a birth injury becomes a legal claim only when the medical care fell below the accepted standard and that failure caused the harm. Many serious newborn conditions can result from delivery-room mistakes. But the same conditions can also arise from causes no provider could have prevented, which is why expert review decides causation, not the diagnosis alone. These are the injuries we see raised most often. For early warning signs, see our overview of the signs of a birth injury.

Hypoxic-ischemic encephalopathy and cerebral palsy

Hypoxic-ischemic encephalopathy (HIE) is brain injury caused by a lack of oxygen and blood flow to the baby's brain, usually around the time of labor and delivery. It may be linked to a delayed response to a worrying heart-rate tracing, a delayed cesarean delivery, or an emergency such as a cord prolapse.

HIE can progress to cerebral palsy, which affects movement, muscle tone and sometimes speech, feeding and learning. Cerebral palsy also has causes unrelated to delivery, including prematurity and prenatal infection. Experts sort out which cause fits the evidence.

Therapeutic hypothermia, often called cooling, is a treatment that lowers a newborn's body temperature to protect the brain after oxygen deprivation. It generally needs to begin within the first hours after birth. Whether a baby who met the criteria was cooled in time is a frequent question in HIE cases.

Brachial plexus injuries

The brachial plexus is the network of nerves running from the neck into the arm. Excess pulling or pressure during delivery can stretch or tear those nerves. The results include Erb's palsy, which typically affects the shoulder and upper arm, and Klumpke's palsy, which affects the forearm and hand.

These injuries often arise from shoulder dystocia, an emergency in which the baby's shoulder becomes stuck behind the mother's pelvic bone after the head is delivered. Recognized maneuvers exist to free the shoulder. Whether the team used them correctly, and whether risk factors were identified ahead of time, are central questions. Read more about nerve injury birth injuries.

Skull fractures and brain bleeds

Vacuum extractors and forceps can help a delivery when used correctly. Misuse, excess force or too many attempts can cause skull fractures and bleeding inside the skull, such as subdural or intraventricular hemorrhage. Some of these injuries are not obvious at birth. Our guide on how to know if a baby has a traumatic brain injury at birth explains the signs.

Kernicterus, infections and low blood sugar

Kernicterus is brain damage caused by very high bilirubin, the substance behind newborn jaundice, when it goes untreated. Jaundice is common and usually harmless. The legal question is whether rising levels were monitored and treated.

Infections such as group B strep and meningitis can be devastating when a mother's infection or a newborn's symptoms are missed. Neonatal hypoglycemia, meaning dangerously low blood sugar, can also injure the brain if it is not caught and treated. Periventricular leukomalacia, an injury to the brain's white matter, is another condition experts may evaluate.

Injuries to the mother

Delivery errors can harm mothers too, through hemorrhage, uterine rupture, surgical injury during a cesarean, or unmanaged preeclampsia. In Texas, our firm handles these as birth-related medical malpractice. One example of how these cases arise is a C-section that went wrong.

How Do Labor and Delivery Mistakes Happen?

Most birth injury claims in Texas turn on a decision point: a moment when the records showed a problem, and the question is whether the team responded in time. A bad outcome by itself does not prove negligence; the claim depends on what a reasonably careful provider would have done with the same information. The Agency for Healthcare Research and Quality (AHRQ) publishes patient-safety resources on hospital care, including teamwork and communication on labor and delivery units.

Missed warning signs on the fetal monitor

A fetal heart-rate tracing is the continuous printout, or screen display, of the baby's heart rate alongside the mother's contractions. Certain patterns suggest the baby may not be getting enough oxygen. Nurses and physicians are trained to recognize those patterns and escalate.

When a concerning tracing goes unaddressed, oxygen deprivation can continue. Experts review whether the pattern was visible, who saw it, and how long the response took.

Pitocin and contractions that come too fast

Oxytocin, sold as Pitocin, is used to start or strengthen labor. Too much can cause uterine tachysystole, meaning contractions come too often for the baby to recover between them. Medication logs show exactly when the dose went up or down, so this question is often answered by the records themselves.

A delayed cesarean delivery

When the baby is in distress or labor stalls dangerously, a cesarean delivery may be needed. The timing from decision to delivery matters. Delays can come from slow communication, staffing gaps, or an unavailable operating room. Hospitals can be responsible for their own policies and staffing, not just for individual employees.

Maternal conditions that weren't managed

Some injuries start well before delivery. Prenatal care should identify and manage conditions such as preeclampsia, gestational diabetes and maternal infection. During labor, emergencies like placental abruption, uterine rupture and cord prolapse require a fast response.

Anesthesia and newborn resuscitation

Anesthesia complications can affect both mother and baby. After birth, a newborn who isn't breathing needs prompt, skilled resuscitation, sometimes including a breathing tube. Errors at either stage can cause lasting harm. See our pages on anesthesia birth injury and intubation birth injury.

Who can be held responsible?

Depending on the facts, a Texas claim may name obstetricians, family physicians, midwives, nurses, anesthesia providers, physician assistants, practice groups and hospitals. A hospital may be responsible for its employees and for its own failures in staffing, credentialing and policies.

So the question becomes: which Texas rules govern a claim against these providers?

How Does Texas Law Shape a Dallas Birth Injury Claim?

In Texas, a birth injury claim against a doctor, nurse or hospital is a health care liability claim, a lawsuit alleging that a health care provider departed from accepted standards of care and caused injury. These claims are governed by Chapter 74 of the Texas Civil Practice and Remedies Code, available through the Texas Statutes website. Chapter 74 adds pre-suit notice, early expert reports, damage caps and, in some situations, a higher standard of proof that do not apply to an ordinary injury case.

The 60-day notice and medical authorization

At least 60 days before filing suit, the family must send written notice to each provider by certified mail, return receipt requested (Tex. Civ. Prac. & Rem. Code § 74.051). The notice must include a medical authorization in the form the statute requires (§ 74.052).

The details matter. Notice sent with the authorization tolls the limitations period for 75 days for all parties (Jose Carreras, M.D., P.A. v. Marroquin, 339 S.W.3d 68 (Tex. 2011)). Notice sent without it does not, and the case is put on hold until 60 days after the authorization is provided.

The 120-day expert report

An expert report in Texas is a written opinion from a qualified expert that fairly summarizes the standard of care, how it was breached, and how the breach caused the injury. The law calls this an "objective good faith effort."

Within 120 days after each defendant files an original answer, the family must serve that defendant with an expert report and the expert's CV (Tex. Civ. Prac. & Rem. Code § 74.351); without a timely report, the claim is dismissed with prejudice and the family pays that defendant's attorney's fees and costs. The deadline can be extended only by written agreement. If a report is served on time but found deficient, the court may grant one 30-day extension to cure it.

Defendants must object to a report within 21 days. Until the report is served, most discovery is put on hold. And a child's age does not buy extra time (Stockton v. Offenbach, 336 S.W.3d 610 (Tex. 2011)).

Key insight: The expert report rule means a Texas birth injury case is largely built before it is filed. Families who wait until the last weeks of a deadline leave little room for the careful record review these cases need.

The emergency and obstetrical-unit standard

Texas applies a higher standard to bona fide emergency care in a hospital emergency department, an obstetrical unit, or a surgical suite immediately after emergency-department care. In those settings, the family must prove willful and wanton negligence, meaning conduct that goes beyond ordinary carelessness and reflects conscious indifference to the patient's safety (Tex. Civ. Prac. & Rem. Code § 74.153).

The Texas Supreme Court applied this standard to obstetrical-unit care even without an emergency room visit in a shoulder dystocia case (Texas Health Presbyterian Hosp. of Denton v. D.A., 569 S.W.3d 126 (Tex. 2018)).

But there's a catch, and it cuts both ways.

The standard applies only to care that was a genuine emergency, and whether care qualified can be a jury question (Glenn v. Leal, No. 18-0344 (Tex. Feb. 21, 2020)). For suits filed on or after September 1, 2019, the higher standard does not apply to care after the patient is stabilized, care unrelated to the emergency, or situations where the provider's negligence caused the emergency. Many birth injury cases involve hours of labor before any emergency, so the defense's use of this rule is often contested rather than decisive.

How fault is divided in Texas

Texas uses proportionate responsibility, a system in which the jury assigns each party a percentage of fault (Tex. Civ. Prac. & Rem. Code § 33.001). A claimant found more than 50% responsible recovers nothing; otherwise, damages are reduced by the claimant's own percentage (§ 33.013). Each defendant generally pays its own share. Joint and several liability, meaning one defendant can be made to pay the whole judgment, applies only to a defendant found more than 50% responsible.

Statute of Limitations: How Long Do Dallas Families Have to File?

Texas generally requires a health care liability claim to be filed within two years from the negligent act, or from completion of the treatment or hospitalization at issue (Tex. Civ. Prac. & Rem. Code § 74.251). The main exception concerns children, and the rules there are complex and unsettled. A 10-year statute of repose generally sets the outer limit for a child injured at birth, so families should act well before the child's 10th birthday.

The two-year rule starts with the care

In Texas, the two-year period generally runs from the date of the negligent care or the end of the related treatment. It does not wait for a diagnosis. The Texas Supreme Court has held that a plaintiff cannot choose a later start date (Bala v. Maxwell, 909 S.W.2d 889 (Tex. 1995)). For a mother's own injuries, that often means the clock is already running when she leaves the hospital.

What is a statute of repose?

A statute of repose is an absolute outer deadline that runs from the date of the act or omission, whether or not anyone knew about the injury. In Texas health care cases, it is 10 years. The Texas Supreme Court upheld it against a child's claim (Methodist Healthcare Sys. v. Rankin, 307 S.W.3d 283 (Tex. 2010)).

In Tenet Hospitals Ltd. v. Rivera, 445 S.W.3d 698 (Tex. 2014), the court applied the repose period to a child injured at birth whose parent had not acted diligently. That left open what happens when a parent did act diligently. For a child injured at birth, the 10-year limit generally sets the outer boundary.

Why the rules for children are unsettled

Do children in Texas get until age 18 to file? Not reliably. Section 74.251 contains a special provision for young children. The Texas Supreme Court struck down an earlier, identical minors provision under the state constitution's open-courts guarantee (Weiner v. Wasson, 900 S.W.2d 316 (Tex. 1995)). An appellate court later applied that reasoning to the current statute (Adams v. Gottwald, 179 S.W.3d 101 (Tex. App.—San Antonio 2005)). The Texas Supreme Court has not ruled on the current provision.

Here's what that means for you: no family should plan around a later birthday. Treat the deadline as uncertain and earlier than you might hope.

The parents' claim runs on its own clock

A child's medical expenses before age 18 are generally the parents' claim, not the child's. That claim can expire separately from the child's own claim (Sax v. Votteler, 648 S.W.2d 661 (Tex. 1983)). How this older rule fits with Chapter 74 is not fully settled, which is one more reason to act early rather than a reason to pick a date.

Government hospitals and federal clinics

Claims against government-operated hospitals fall under the Texas Tort Claims Act, which controls over Chapter 74 (Tex. Civ. Prac. & Rem. Code § 74.002(b)). Written notice is generally due within six months. That deadline is jurisdictional and is not extended for a child (Martinez v. Val Verde County Hosp. Dist., 140 S.W.3d 370 (Tex. 2004)). Immunity is waived only in limited ways (§ 101.021).

Some community health centers receive federal funding, and their staff may be treated as federal employees (42 U.S.C. § 233). Claims involving them go through the Federal Tort Claims Act. That law requires a written administrative claim to the agency within two years (28 U.S.C. § 2401(b)) before any lawsuit. We confirm early who operates the facility and who employed each provider, because the answer changes every deadline above.

What Compensation Can a Texas Birth Injury Claim Include?

A Texas birth injury claim can seek economic damages, such as past and future medical and attendant care, and non-economic damages, such as pain and mental anguish. Economic damages are not capped in Texas health care cases, but non-economic damages are capped at most at $750,000 per claimant, and a child and parents share a single cap (Tex. Civ. Prac. & Rem. Code § 74.301). Our guide on how birth injury compensation is calculated covers the broader framework.

Economic damages

Economic damages are the measurable financial losses caused by the injury. For a child, they can include decades of medical care, therapies, medication, adaptive equipment, home and vehicle modifications, special education, and lost earning capacity. Read more about economic damages in birth injury cases.

Non-economic damages and the Texas caps

Non-economic damages compensate losses that don't come with a receipt, such as physical pain, mental anguish and loss of enjoyment of life. In Texas health care cases, they are capped at $250,000 per claimant against all individual providers combined, plus $250,000 per institution, up to $500,000 for two or more institutions. The caps are authorized by Tex. Const. art. III, § 66, and they are not adjusted for inflation.

Because everyone claiming from one person's injury counts as a single claimant, the child and parents share one set of caps (§ 74.001(a)(2)). Learn more about non-economic damages in birth injury cases.

Why the life care plan carries so much weight in Texas

A life care plan is a detailed projection, prepared by a qualified planner, of the care, equipment and services a child will need over a lifetime, with costs for each item. An economist then converts that plan into present-day value.

Many families assume the fight is over pain and suffering.

In Texas, it usually isn't. Because non-economic damages are capped and economic damages are not, the full measure of a child's future care often becomes the most important damages question in the case. A thin or rushed life care plan can leave real needs uncounted. That is why we involve life care planners and economists as soon as the medical picture is clear enough to support their work.

Court approval, periodic payments and special needs trusts

A settlement for a child generally needs court approval. When future damages have a present value of $100,000 or more, the court must order periodic payment of future medical and custodial damages if a party requests it (Tex. Civ. Prac. & Rem. Code § 74.503).

Money for a disabled child is often placed in a special needs trust, a legal arrangement that holds funds for the child's benefit without disqualifying the child from needs-based public benefits such as Medicaid. Health insurers and Medicaid may also have reimbursement rights from a recovery, which must be addressed before any settlement is finalized.

What If a Birth Injury Leads to a Baby's Death?

When a newborn dies from injuries suffered during delivery, Texas law allows a wrongful death claim by the child's parents (Tex. Civ. Prac. & Rem. Code § 71.004), and the child's own claim may continue as a survival action (§ 71.021). In health care cases, the limitations period generally runs from the negligent care, not from the date of death (Bala v. Maxwell), so grieving families can face a deadline that started before the loss.

We know no legal process can make sense of a loss like this. Some families come to us months later, only after the shock has worn off enough to ask what happened. The questions they ask are fair ones. Was the monitor watched? Was the cesarean delayed? Did anyone tell us the truth?

A few Texas rules shape these claims:

• Who can file. The spouse, children and parents hold the wrongful death claim. If none of them sues within three months, the executor or administrator may.
• A separate damages limit. In health care wrongful death and survival cases, total damages are limited to $500,000 per claimant, adjusted for inflation from 1977 (§ 74.303). That limit does not apply to past and future medical, hospital and custodial care, and the jury is not told about it.
• Loss before birth. The death of a baby before delivery raises distinct questions under Texas law that need individual review before anyone can say whether a claim exists.

If your family has lost a child, we can review the records at whatever pace you need, within the deadlines the law sets.

Proven Results: What Have Our Birth Injury Trials Produced?

Gilman & Bedigian has won some of the largest birth injury verdicts in the country, including the largest medical malpractice verdict in Pennsylvania history. These results were reached in Pennsylvania and Maryland courts under those states' laws; Texas caps and procedures differ, and no past result predicts the outcome of any other case. We share them to show how we prepare and try these cases, not to suggest what any Dallas claim is worth.

What these results say about our approach

Taken together, these verdicts reflect the largest medical malpractice verdict in Pennsylvania history and some of the largest verdicts in the Baltimore-Washington DC area as well as throughout Maryland and Pennsylvania. Across all practice areas, the firm has recovered over $800 million for clients.

Charles Gilman has personally been part of recovering more than $200 million for injured clients through jury verdicts and settlements, including the Hagans, Anderson and Lewis birth injury verdicts. He was named a Super Lawyer from 2015 to 2022, and a Super Lawyers Rising Star from 2009 to 2014. You can read more on Charles Gilman's attorney profile.

Our attorneys have also been featured on or in The Legal Intelligencer, FOX45 Baltimore, The Daily Record, The Wall Street Journal, WJZ, Baltimore Fishbowl, The GW Hatchet, Bored Panda and Jalopnik.

Why the Texas math is different

A verdict in Pennsylvania or Maryland is not a forecast for Dallas. In Texas, a jury's award for non-economic losses would be reduced to the Chapter 74 caps. The parts of a verdict that reflect lifetime medical and attendant care are not capped. That difference is why our Texas preparation leans so heavily on documenting future care.

Filing in Dallas County District Court: What Local Families Should Know

In Dallas County, large injury lawsuits filed in state court typically proceed in the civil district courts, which sit in the George L. Allen Sr. Courts Building at 600 Commerce Street downtown. Which courthouse and which court will hear a particular case depends on Texas venue rules and the facts, so the petition, the citation and the court's notices are the documents to rely on for your case's assigned court. Statewide court information is available through Texas Courts.

Federal court for federal providers

Claims under the Federal Tort Claims Act, such as those involving a deemed federal community health center, go to federal court after the administrative claim process. For Dallas, that is generally the U.S. District Court for the Northern District of Texas, Dallas Division. Charles Gilman is admitted to practice in Texas state and federal courts.

How a case moves through a Dallas court

A Texas birth injury case generally follows this sequence:

1. Pre-suit notice goes to each provider at least 60 days before filing.
2. The petition is filed, and each defendant files an answer.
3. Expert reports are served within 120 days of each answer, and defendants may object.
4. Discovery follows, including depositions of nurses, physicians and experts on both sides.
5. Mediation often takes place before trial, sometimes by court order.
6. Trial proceeds if the case does not resolve.

Timing depends on how many defendants are involved, how quickly expert-report disputes are resolved, whether any appeal on the report is taken, the court's docket, and how long it takes for a child's long-term needs to become clear. We explain these factors in more detail in how long a birth injury lawsuit takes.

Dallas hospitals and neighboring counties

Dallas County is home to major delivery hospitals, including Parkland Memorial Hospital, Baylor University Medical Center, Texas Health Presbyterian Hospital Dallas, Medical City Dallas and Methodist Dallas Medical Center. Newborns needing specialized care may be transferred to a children's hospital such as Children's Medical Center Dallas. We name these hospitals for geography only, not to suggest any wrongdoing by them.

Transfers matter legally. A baby born at one hospital and treated at another may have records, and potential claims, in two places, sometimes in two counties. Collin County (Plano and McKinney), Denton County and Tarrant County (Fort Worth) each have their own district courts. Where a case belongs depends on the facts.

Some Dallas-area hospitals and clinics may be operated by government entities. We verify who operates each facility early, because that single fact can change the deadline to as little as six months.

Our Dallas office is at 3838 Oak Lawn Avenue, Suite 1000, within a short drive of the Dallas North Tollway and the Stemmons Freeway (I-35E).

How Much Does It Cost to Hire a Dallas Birth Injury Lawyer?

At Gilman & Bedigian, we take all personal injury cases on a contingency fee basis, which includes birth injury cases. You pay no attorney's fee unless we recover money for your family. The fee is a percentage of the recovery, set out in a written agreement you can review before signing.

Attorney's fees and case expenses are different things

A birth injury case requires records, expert reviews, life care plans, economist reports and depositions. Those costs are case expenses, which are separate from the attorney's fee. Ask us how expenses are handled in your agreement, including when they are paid and how they are treated if there is no recovery. You deserve a clear answer before you sign anything.

What you can expect from us

These are the commitments we can make plainly:

• We answer our phone 24/7. A new question at 2 a.m. is still a question worth asking.
• Our partners lead. Gilman & Bedigian was co-founded by Charles Gilman and H. Briggs Bedigian in October of 2012, and the firm's trial experience comes from cases like those described above. Learn more about our firm.
• Honest assessments. If the records and expert review suggest the injury wasn't caused by the medical care, we'll tell you.

What to bring to your first conversation

You don't need everything. Whatever you have helps:

1. The hospital name and the dates of delivery and any NICU stay
2. Your child's current diagnoses and the names of treating specialists
3. Any records, discharge papers or test results you already have
4. Bills, insurance statements and Medicaid letters
5. Your own written timeline of labor and delivery

What we handle in Texas

In Texas, our firm focuses on birth injury cases, including birth-related medical malpractice affecting the baby or the mother. Many families with a birth injury begin by searching for a Dallas medical malpractice lawyer. For other Dallas medical malpractice matters, we can work with co-counsel. You can confirm any Texas lawyer's license through the State Bar of Texas.

The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Please contact a qualified attorney to discuss your specific situation.

Talk With a Dallas Birth Injury Lawyer Before the Texas Deadlines Run

Texas law gives families a short window. The two-year limitations period generally starts with the delivery care itself. A 10-year repose period generally caps claims for children. A government-operated hospital may require notice within six months. And the expert work needed for a Texas case takes time to do well.

If you have questions about your child's birth, Charles Gilman and our team can help you understand which deadlines may apply and what the records show. You pay nothing in attorney's fees unless we recover for your family.

Call Gilman & Bedigian at (800) 529-6162. We serve families across Dallas and Dallas County from our office at 3838 Oak Lawn Avenue, and we answer our phone 24/7.

Frequently Asked Questions

Do I have a birth injury case in Texas?

In Texas, you may have a case if a provider's care fell below the accepted standard and that failure caused your child's injury. A serious diagnosis alone does not establish a claim, because conditions like cerebral palsy can also have causes unrelated to delivery. The way to find out is a review of the complete labor, delivery and NICU records by qualified physician experts, which Texas law requires before a case can move forward.

How long do I have to file a birth injury lawsuit in Texas?

Texas generally requires a health care liability claim to be filed within two years of the negligent care or the end of the related treatment (Tex. Civ. Prac. & Rem. Code § 74.251). The rules for children are complex and unsettled, and a 10-year statute of repose generally sets the outer limit for a child injured at birth. If a government entity operates the hospital, written notice is generally due within six months, and a child's age does not extend it.

What does it cost to hire a birth injury lawyer?

Gilman & Bedigian handles birth injury cases on a contingency fee basis, so you pay no attorney's fee unless we recover for your family. Case expenses, such as expert reviews and life care plans, are separate from the fee. We'll explain in writing how expenses are handled before you sign an agreement.

What is my birth injury case worth?

No honest lawyer can value a Texas birth injury case before the records are reviewed and the child's future needs are understood. Value depends on the proof of negligence and causation, the child's projected lifetime care, lost earning capacity, and the Chapter 74 caps on non-economic damages. Economic damages, including future medical and attendant care, are not capped, which is why a careful life care plan matters so much.

Should I accept the hospital's or insurer's first offer?

Any offer should be measured against a full picture of your child's future needs, which may not be clear in the first months or years. In Texas, a settlement for a child generally requires court approval, and liens from health insurers or Medicaid must be resolved. Talking with a lawyer before signing anything helps ensure you understand what rights a release would give up.

What if I was partly at fault?

Texas uses proportionate responsibility: a claimant found more than 50% responsible recovers nothing, and otherwise damages are reduced by that claimant's percentage (Tex. Civ. Prac. & Rem. Code § 33.013). Defendants sometimes point to a mother's medical history or prenatal care, and how any fault would be assigned depends on the facts. Many parents blame themselves, but the central legal question is whether the medical team met the standard of care.

How long does a birth injury case take to resolve?

The timeline of a Texas birth injury case depends on the number of defendants, disputes over the 120-day expert reports, the court's docket, and how long it takes to understand the child's long-term needs. Some cases resolve through mediation, and others go to trial. Rather than guess at a number, we explain where your case stands at each stage.

Do I need a lawyer for a Texas birth injury claim?

Texas birth injury claims carry procedural requirements that are hard to meet alone, including certified-mail notice with a statutory medical authorization and a physician's expert report within 120 days of each defendant's answer. Missing the expert report deadline can lead to dismissal with prejudice and an order to pay the defendant's attorney's fees. These cases also require coordinated work by medical, life care and economic experts.

What if the provider doesn't have insurance?

In Texas birth injury cases, the potential defendants are usually physicians, practice groups and hospitals, and how each is insured varies. Part of the investigation is identifying every responsible provider and its coverage. If a government entity or a federally funded clinic is involved, different laws apply, with different notice deadlines and damages limits.

Will my case go to trial?

Many civil cases resolve before trial, but no one can promise how a particular Texas case will end. We prepare every birth injury case as though it will be tried, because thorough preparation protects your family's options either way. Whether to accept a settlement is always your decision, subject to court approval for a child.

How do we pay for our child's care while the case is pending?

Most families rely on health insurance or Medicaid during a case, and children with developmental delays may qualify for early intervention services through the State of Texas. Those payers may have reimbursement rights from any recovery, which must be addressed before settlement. Keeping every bill and benefits letter helps document the economic damages in the claim.

Does the emergency-care rule end a Texas birth injury case?

Not automatically. Texas requires proof of willful and wanton negligence for bona fide emergency care in an obstetrical unit or emergency department (Tex. Civ. Prac. & Rem. Code § 74.153), but whether care was an emergency can be a jury question. For suits filed on or after September 1, 2019, the standard doesn't apply to care after stabilization, care unrelated to the emergency, or an emergency the provider's negligence caused.

Do you handle other medical malpractice cases in Dallas?

In Texas, Gilman & Bedigian focuses on birth injury cases, including birth-related medical malpractice affecting a baby or a mother. For other Dallas medical malpractice matters, we can work with co-counsel. If you aren't sure whether your situation counts as a birth injury, ask us and we'll explain how we can help.