Dallas Medical Malpractice Lawyers

If a preventable medical mistake during pregnancy, labor, delivery or newborn care hurt your baby or you in Dallas, Texas law may let your family recover compensation. Strict filing deadlines and early expert requirements apply. In Texas, Gilman & Bedigian focuses on birth-related malpractice and works with co-counsel on other malpractice matters.

What to do now:

1. Request the complete records. Ask for the mother's and the baby's full charts, including fetal monitoring strips, not a summary.
2. Write a timeline. Note dates, names and what staff told you while your memory is fresh.
3. Check your deadline. Most Texas claims must be filed within 2 years of the care at issue, and written notice must go out at least 60 days before filing.

Charles Gilman is a founding partner licensed in Texas who represents families whose children were hurt by medical negligence around birth. His firm won a $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 to talk with our team.

Key Takeaways

• A Texas health care liability claim generally must be filed within 2 years of the negligent care or the end of that treatment, and a 10-year statute of repose sets an outer limit, even for children.
• Before suing, a family must send each provider written notice by certified mail at least 60 days ahead, along with a statutory medical authorization.
• Within 120 days after each defendant answers, the family must serve a qualifying expert report, or the claim can be dismissed with prejudice.
• Texas caps non-economic damages in malpractice cases at a maximum of $750,000 per claimant, but economic damages, such as a child's lifetime care costs, are not capped.
• Care in a hospital obstetrical unit can fall under a higher "willful and wanton negligence" standard in Texas, which makes early expert review especially important in birth cases.

How Long Do You Have to File a Medical Malpractice Claim in Dallas?

A birth-related malpractice case often decides how a child will be cared for over a lifetime. It can determine whether a family can pay for therapy, specialized equipment, home modifications and nursing care, and how parents will manage lost work. That is why the deadlines matter so much.

Under Tex. Civ. Prac. & Rem. Code § 74.251, a Texas health care liability claim must generally be filed within 2 years from the negligent act or from the completion of the treatment or hospitalization at issue. The Texas Supreme Court held in Bala v. Maxwell (1995) that a patient cannot choose a later start date. The clock does not wait for a diagnosis or for a family to suspect a problem.

The 10-year outer limit for children

A statute of repose is a hard outer time limit that runs from the medical act itself, no matter when the harm is discovered. Texas has a 10-year repose period under § 74.251(b), and the Texas Supreme Court upheld it in Methodist Healthcare Sys. v. Rankin (2010).

The rules for children injured at birth are complex and legally unsettled. The 10-year repose period generally sets the outer limit for a child injured at birth, so families should act well before the child's 10th birthday. The parents' own claim for a child's medical expenses can expire on a separate, earlier schedule.

What else disappears with time

Waiting costs more than legal rights. It can also cost evidence:

• Fetal monitoring strips and electronic audit trails may be harder to recover later.
• Nurses and residents change jobs and move away.
• Memories of who was in the room fade.
• Pre-suit notice and expert review take weeks, so a filing deadline arrives sooner than it seems.

If your care took place at a facility run by a governmental unit, a separate six-month notice rule may apply. We explain it below.

If your child's birth raised questions you still can't answer, call (800) 529-6162. We answer our phone 24/7.

Which Texas Medical Malpractice Cases Does Our Firm Handle?

In Texas, Gilman & Bedigian focuses on birth injury cases, including birth-related medical malpractice. That covers mistakes in prenatal care, labor and delivery, obstetric (OB-GYN) care, and newborn and NICU care. For other medical malpractice matters in Texas, we work together with co-counsel rather than handling the case on our own.

Many families search for "medical malpractice" when what happened is really a birth injury. That is why this page centers on care around pregnancy and birth. If your situation involves a different kind of medical error, we can talk with you about whether a co-counsel arrangement makes sense.

Why birth cases are different

Birth-related claims involve two patients at once: the mother and the baby. The records are split between maternal charts, fetal monitoring data and newborn records. The injuries often surface slowly, as developmental delays appear over months or years. And the damages usually center on a child's needs over an entire lifetime.

Families looking into Dallas Birth Injury claims often have the same early questions. Was the brain injury preventable? Should a C-section have happened sooner? Was the baby's oxygen deprivation recognized in time? These are the questions our birth-focused practice is built to investigate.

Key insight: A bad outcome alone does not prove malpractice. The legal question is whether the care fell below the accepted standard and whether that failure, rather than an underlying condition, caused the harm.

How We Build a Birth-Related Malpractice Case, Step by Step

Charles Gilman co-founded Gilman & Bedigian with Briggs Bedigian in October of 2012. The firm was built around trying cases, not just settling them. Every step below is designed to meet Texas's strict procedural rules while preparing the case as if it will go to a jury.

As a founding partner who has lectured to fellow lawyers on the use of expert witnesses at trial, Charles Gilman puts expert review at the center of case evaluation. Here is how our process typically unfolds.

1. Listening and gathering records

We start by hearing your story. Then we gather the full records. Patients have a federal right to copies of their own medical records under 45 C.F.R. § 164.524. We request the complete chart for the mother and the baby, including:

• Prenatal visit notes and ultrasound reports
• Labor and delivery nursing notes
• Electronic fetal monitoring strips
• Medication and anesthesia records
• Newborn resuscitation and NICU records
• Imaging, such as head ultrasounds and MRIs

2. Independent medical review

We have the records reviewed by qualified medical experts in the relevant fields. In birth cases, that may include obstetrics, neonatology, pediatric neurology and nursing. The goal is an honest answer: was there a departure from the standard of care, and did it cause the injury?

We never tell a family it has a case before the records and an expert review support one. Some reviews show that the care was reasonable, and we say so plainly.

3. Pre-suit notice and authorization

If the review supports a claim, we send each provider written notice by certified mail, return receipt requested, at least 60 days before filing. Texas requires a specific medical authorization to accompany the notice under Tex. Civ. Prac. & Rem. Code §§ 74.051 and 74.052.

4. Filing and the expert report

After filing, we serve the expert report required by § 74.351 within 120 days of each defendant's answer. We treat this as a core piece of evidence, not a formality.

5. Discovery, damages and trial preparation

We build the damages case with care planners, economists and treating doctors. Some of our attorneys spent years defending doctors and hospitals before joining the firm. That experience helps us understand how the defense evaluates a claim. Briggs Bedigian, a member of The Inner Circle of Advocates (inducted 2015), shares the firm's trial-first approach.

Mediation or trial? Many cases are discussed in mediation before trial. We prepare each case so that a jury trial remains a real option if a fair resolution is not offered.

To talk through your records with our team, call (800) 529-6162.

What Counts as Medical Malpractice During Pregnancy and Birth?

In Texas, medical malpractice during pregnancy and birth means a provider's care fell below the accepted standard of care and that failure caused injury to the mother or baby. The standard of care is what a reasonably careful provider in the same field would have done in similar circumstances. Texas law requires expert testimony to establish that standard, its breach and causation, and the emergency-care rule in § 74.153 can raise the bar for some labor and delivery claims.

Below are the types of birth-related errors we investigate most often.

Prenatal care errors

Prenatal care is meant to catch risks before labor begins. Potential failures include:

• Not diagnosing or treating preeclampsia or high blood pressure
• Missing gestational diabetes
• Failing to act on signs of placental problems
• Not recognizing that a baby is growing too slowly
• Not planning for a known high-risk delivery

Labor and delivery errors

Labor is where many serious birth injuries occur. Common questions include whether staff responded to signs of fetal distress, whether a C-section was delayed, and whether labor-inducing drugs like Pitocin were monitored safely.

Hypoxic ischemic encephalopathy (HIE) is a brain injury caused by reduced oxygen and blood flow to the baby's brain, often around labor and delivery. HIE can lead to cerebral palsy and other lifelong conditions.

Shoulder dystocia happens when a baby's shoulder becomes stuck behind the mother's pelvic bone after the head is delivered. How the delivery team responds can affect whether the baby suffers nerve damage, such as a brachial plexus injury.

Misuse of vacuum extractors or forceps can also cause skull fractures, brain bleeds and nerve injuries.

Newborn and NICU errors

After birth, the risks continue. Potential failures include delayed treatment of newborn infections, not recognizing low blood sugar, unmanaged jaundice, and delays in cooling therapy for babies with signs of HIE.

Injuries to mothers

Mothers can also be harmed by preventable errors, including uncontrolled hemorrhage, missed infections and surgical injuries during a C-section. Our firm has written about mothers sustaining injuries involving childbirth and why these cases deserve attention.

Patient-safety research supports why this matters. Researchers at Johns Hopkins University (2016) estimated that medical errors are responsible for about 250,000 deaths in the United States each year, ranking them as the third leading cause of death. The AHRQ publishes patient-safety resources on preventing these errors.

How Does the Texas Expert Report Rule Affect Your Case?

Under Tex. Civ. Prac. & Rem. Code § 74.351, a claimant must serve each defendant with an expert report and the expert's CV within 120 days after that defendant's original answer, or the court must dismiss the claim with prejudice and order the claimant to pay the defendant's attorney's fees and costs. The deadline can be extended only by written agreement of the parties.

This is one of the most demanding pre-trial rules in the country. You can read the full text of Chapter 74 in the Texas Statutes.

What the report must include

An expert report in Texas is a written opinion from a qualified expert that fairly summarizes three things: the standard of care, how the provider breached it, and how that breach caused the injury. Courts look for an "objective good faith effort" to meet these elements.

Some key details:

• 21 days: A defendant's objections to the report are due within 21 days of service.
• One 30-day extension: If a court finds a timely report deficient, it may grant one 30-day extension to cure it.
• Discovery pause: Discovery is largely stayed until the report is served.
• No extra time for children: The Texas Supreme Court held in Stockton v. Offenbach (2011) that the 120-day deadline applies to children's claims too.

Who can serve as an expert

Texas sets qualification rules for experts under §§ 74.401, 74.402 and 74.403(a). An expert testifying about a physician's standard of care must be a practicing physician. An expert testifying about causation must be a physician.

In birth cases, that often means more than one expert. An obstetrician may address delivery decisions. A neonatologist may address newborn care. A pediatric neurologist may address what caused the brain injury and when it occurred.

Why this shapes the whole case

Here's what that means for you. Much of the expert work in a Texas case has to be done before filing, not after. A family that waits until the deadline is close leaves little room to find the right experts.

Our firm has written more about the importance of expert witnesses in medical malpractice cases, and about what evidence you need for medical malpractice.

Does a Higher Standard Apply to Labor and Delivery Care in Texas?

Sometimes, yes. Under Tex. Civ. Prac. & Rem. Code § 74.153, a claim based on bona fide emergency care in a hospital emergency department or obstetrical unit, or in a surgical suite immediately after emergency department care, requires proof of "willful and wanton negligence." That is a higher bar than ordinary negligence.

Many families are surprised by this rule. Most people assume a delivery room is held to the same standard as any other hospital care. In Texas, that is not always so.

How the courts have applied it

In Texas Health Presbyterian Hosp. of Denton v. D.A. (2018), a shoulder dystocia case, the Texas Supreme Court held that care in an obstetrical unit can fall under this rule even if the mother never went through the emergency room.

But there is an important qualification. In Glenn v. Leal (2020), the Texas Supreme Court recognized that whether care was truly an emergency can be a question for the jury.

The exceptions that matter

For lawsuits filed on or after September 1, 2019, the heightened standard does not apply to:

1. Care provided after the patient is stabilized
2. Care unrelated to the original emergency
3. Situations where the provider's own negligence caused the emergency

Key insight: In a birth case, the timeline is everything. If a problem developed over hours of labor, a key question is whether the emergency was sudden or whether earlier missed warning signs created it.

This is where careful review of fetal monitoring strips becomes so important. The strips can show when distress began and how staff responded minute by minute.

Who Can Be Held Responsible for a Birth-Related Medical Error?

Depending on the facts, responsibility for a birth injury may rest with one provider or with several. Texas law allows claims against individual providers and health care institutions, but the type of provider can change the deadlines, the damages caps and even the court.

Individual providers

Potentially responsible individuals include:

• Obstetricians and family physicians who deliver babies
• Residents in training
• Labor and delivery nurses
• Nurse midwives and other midwives
• Anesthesiologists and nurse anesthetists
• Neonatologists and NICU nurses

Our firm has addressed whether you can sue a midwife for medical malpractice in more detail.

Hospitals and practice groups

A hospital can be responsible for the conduct of its employees. It may also be responsible for its own failures, such as unsafe staffing, poor policies or inadequate credentialing. Practice groups can be responsible for the doctors and midwives they employ.

Government hospitals and clinics

Some health care facilities are operated by governmental units. Claims against those facilities fall under the Texas Tort Claims Act. Under Tex. Civ. Prac. & Rem. Code § 101.101, written notice must generally be given within six months, and the Texas Supreme Court held in Martinez v. Val Verde County Hosp. Dist. (2004) that this deadline is not extended because the injured patient is a child.

The Tort Claims Act also limits damages and bars exemplary damages. Whether a particular Dallas-area facility counts as a governmental unit has to be checked case by case. This is a key reason to have records reviewed early.

Federal providers

Claims against federal facilities, such as VA hospitals, or federally funded community health centers whose staff are deemed federal employees, go through the Federal Tort Claims Act. That law requires a written administrative claim to the agency within 2 years (28 U.S.C. § 2401(b)) before any lawsuit (28 U.S.C. § 2675(a)). Some prenatal clinics fall into this category, so we check whether it applies.

Texas deadlines at a glance

What Is a Texas Medical Malpractice Case Worth?

No honest lawyer can put a number on a case before reviewing the records. In Texas, value depends on the severity of the injury, the cost of future care, the strength of the evidence on causation, and the statutory caps in Tex. Civ. Prac. & Rem. Code § 74.301, which limit non-economic damages but not economic damages.

Economic damages

Economic damages are measurable financial losses. In a birth injury case, they often include:

• Past and future medical bills
• Therapy, such as physical, occupational and speech therapy
• Home and vehicle modifications
• In-home nursing and attendant care
• The child's lost earning capacity as an adult
• Parents' out-of-pocket costs

Texas does not cap economic damages in health care liability cases. That is why a detailed life care plan, a written projection of a person's future medical and care needs and their costs, is often the center of a birth injury damages case.

Non-economic damages and the caps

Non-economic damages compensate for losses that don't come with a receipt, such as physical pain, mental anguish and lost enjoyment of life.

The single-claimant rule

This part surprises many parents. Under Texas law, everyone claiming damages from one person's injury is treated as a single claimant, so a child and the child's parents share one set of non-economic caps. The caps also are not adjusted for inflation.

The practical effect is clear. In a serious birth injury case, the economic damages for lifetime care often carry the most weight. Building them carefully, with credible experts, is essential.

Future payments

Under § 74.503, when future damages have a present value of $100,000 or more, the court shall order periodic payment of future medical and custodial damages if a party asks. This affects how an award is paid out over time.

Can the mother's own conduct reduce the recovery?

Texas uses proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001. A claimant found more than 50% responsible recovers nothing. Otherwise, damages are reduced by the claimant's percentage of fault. Under § 33.013, a defendant is jointly and severally liable only if found more than 50% responsible.

In birth cases, defense lawyers sometimes point to missed appointments or delays in coming to the hospital. We examine those arguments against the records, because a provider still has duties when a patient arrives.

What If Your Baby or the Mother Did Not Survive?

Losing a child or a mother during or after birth is a devastating loss. Legal action cannot undo it. It can, however, bring answers and accountability.

Under Tex. Civ. Prac. & Rem. Code § 71.004, a wrongful death claim belongs to the surviving spouse, children and parents of the person who died; if none of them files within three months, the executor or administrator may bring it. The deceased person's own claim can continue as a survival action under § 71.021.

Two different claims

A wrongful death claim compensates the family for its own losses, such as loss of companionship and mental anguish. A survival action carries forward the claim the deceased person would have had, such as pain suffered before death and medical expenses.

The deadline runs from the negligence

In medical cases, the health care limitations period generally runs from the negligent care, not from the date of death, under Bala v. Maxwell. If a mother or baby died weeks after the care at issue, part of the filing window may already have passed.

Claims involving an unborn child

Texas law contains specific limits on claims for the death of an unborn child involving licensed health care providers. These situations are legally complex. Each one requires a careful, individual review by an attorney before any conclusions are drawn.

The damages limit in § 74.303 applies to health care wrongful death and survival claims. It does not limit past and future medical, hospital and custodial care, and the jury is not told about it.

Proven Results: Verdicts Our Trial Lawyers Have Won

The results below come from cases in Pennsylvania, Maryland and Washington, D.C. They show the kind of birth injury and malpractice cases our firm has taken to verdict, but every case is different and past results do not predict the outcome of any future case. Texas law, including its damages caps, can lead to very different results.

Across all practice areas, the firm has over $800 million recovered for clients. Our attorneys have 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.

What these results reflect

These cases share a common thread: they were prepared for trial. Charles Gilman was named a Super Lawyer from 2015 to 2022 and was selected for The National Trial Lawyers Top 40 Under 40. He is also a member of the Maryland Association for Justice President's Club. You can learn more on Charles Gilman's attorney profile and Briggs Bedigian's profile.

But there's a catch worth stating plainly. A verdict in another state does not set the value of a Texas case. What carries over is the method: thorough records review, strong expert work and a willingness to try the case.

Filing in Dallas County District Court: A Local Guide

A Texas health care liability lawsuit is generally filed in state district court, and Dallas County's civil district courts sit in the George L. Allen Sr. Courts Building at 600 Commerce Street downtown. Your specific case will be assigned to a numbered court. Always check your case notice for the assigned court rather than assuming where hearings will be held.

Which court hears your case

Where a case belongs depends on Texas venue rules and on the facts. If the care happened at a hospital in Collin County or Tarrant County, the case may belong in that county's courts instead. A delivery in Plano or Fort Worth can raise different filing questions than one near downtown Dallas.

Claims against federal providers proceed under the Federal Tort Claims Act. If those claims reach court, they are heard in the U.S. District Court for the Northern District of Texas, whose Dallas Division sits in the Earle Cabell Federal Building on Commerce Street. You can find general information on Texas state courts through Texas Courts.

How cases move in Dallas County

A Dallas County malpractice case typically moves through these stages:

1. Pre-suit notice and the 60-day waiting period
2. Filing the petition and serving each defendant
3. Serving the expert report within 120 days of each answer
4. Discovery, including depositions of providers and experts
5. Mediation, when the court orders it or the parties agree
6. Trial before a Dallas County jury, if the case does not resolve

Timing varies with the number of defendants, challenges to the expert report, the court's docket and whether the case goes to trial. We explain the factors in your case rather than promising a set timeline.

The Dallas medical landscape

Dallas families deliver and receive care at many hospitals, including Parkland Memorial Hospital, Baylor University Medical Center, Texas Health Presbyterian Hospital Dallas, Medical City Dallas, Methodist Dallas Medical Center and UT Southwestern's William P. Clements Jr. University Hospital. Children with serious newborn injuries are often treated at Children's Medical Center Dallas.

Naming a hospital here does not suggest any wrongdoing. It reflects where families in this community actually get care.

Our Dallas office

Our Dallas office is at 3838 Oak Lawn Ave, Suite 1000, a short drive from the Southwestern Medical District along Harry Hines Boulevard. Families from across Dallas County, whether they come in on I-35E, US-75 or I-30, can meet with our team there.

How Much Does a Dallas Medical Malpractice Lawyer Cost?

Gilman & Bedigian takes all personal injury cases on a contingency fee basis, which means you pay no attorney's fee unless we recover money for you. You don't pay an hourly rate or a retainer to start.

How contingency fees work

A contingency fee is an attorney's fee paid as a share of the recovery, only if the case succeeds. If there is no recovery, there is no attorney's fee.

Case expenses are a separate topic. Birth injury cases can require several medical experts, life care planners and economists. Ask us how expenses are handled and repaid, and the written fee agreement will spell it out before you sign anything.

What you can expect from us

These are commitments we can make:

• We answer our phone 24/7. You can reach someone when questions come up at night or on a weekend.
• Plain answers. We explain the Texas rules that apply to your situation, including deadlines and caps.
• Honest assessments. If an expert review does not support a claim, we tell you.
• Trial preparation. We prepare cases so that a jury trial remains a real option.

What to bring when you talk with us

You don't need everything to get started. Helpful items include:

1. Any medical records or discharge papers you already have
2. Your written timeline of events
3. Names of doctors, nurses and midwives involved
4. Bills and insurance statements
5. Any letters from a hospital or insurer

You can also verify any Texas lawyer's license through the State Bar of Texas. To learn more about how our firm began and how it works, visit About Gilman & Bedigian, or explore our birth injury and medical malpractice practice.

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 consult an attorney about your specific situation.

Talk with a Dallas birth injury team before the deadline runs

Texas gives most families 2 years from the negligent care to file, and the 60-day notice period and expert review must fit inside that window. For children, the 10-year statute of repose generally sets the outer limit. If care took place at a governmental facility, a 6-month notice rule may apply.

Charles Gilman and our team help families across Dallas County understand what happened during pregnancy, labor and newborn care. For other kinds of Texas medical malpractice, we work together with co-counsel. You pay nothing unless we recover for you.

Call (800) 529-6162 to talk about your family's situation.

Frequently Asked Questions

Do I have a medical malpractice case in Dallas?

In Texas, you may have a case if a provider's care fell below the accepted standard of care and that failure caused injury to you or your baby. A bad outcome alone is not enough, because some complications happen even with good care. The only reliable way to know is a review of the complete records by qualified medical experts, which Texas effectively requires before a claim can move forward under Tex. Civ. Prac. & Rem. Code § 74.351.

How long do I have to file a medical malpractice lawsuit in Texas?

Under Tex. Civ. Prac. & Rem. Code § 74.251, most claims must be filed within 2 years from the negligent care or from the completion of the treatment at issue. A 10-year statute of repose sets an outer limit, even for children. The rules for children injured at birth are complex and unsettled, so families should act well before the child's 10th birthday. Claims against governmental facilities may require written notice within 6 months.

Does Gilman & Bedigian handle all types of medical malpractice in Texas?

No. In Texas, our firm focuses on birth injury cases, including birth-related medical malpractice involving prenatal care, labor and delivery, OB-GYN care, and newborn and NICU care. For other medical malpractice matters in Texas, we work together with co-counsel rather than handling the case on our own.

How much does a medical malpractice attorney cost?

We take all personal injury cases on a contingency fee basis, so there is no attorney's fee unless we recover money for you. You don't pay a retainer or hourly fees to begin. Case expenses, such as expert fees, are handled under the written fee agreement, and you should ask how they are paid and repaid before you sign.

What is my medical malpractice case worth?

Value depends on the severity of the injury, the cost of future care, the strength of the causation evidence and Texas's damages caps. Under Tex. Civ. Prac. & Rem. Code § 74.301, non-economic damages are capped at a maximum of $750,000 per claimant, but economic damages like lifetime medical care are not capped. Nobody can responsibly estimate a value until the records and expert opinions are in hand.

Should I accept the insurance company's first offer?

Before accepting any offer, you should understand the full cost of future care, including therapy, equipment and attendant care over a lifetime. In a birth injury case, those needs may not be clear for months or years. Accepting a settlement generally ends the claim for good, so it is wise to have the offer reviewed against a careful damages analysis first.

What if I was partially at fault?

Texas uses proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001. If you are found more than 50% responsible, you recover nothing; otherwise, your damages are reduced by your percentage of fault. In birth cases, defendants sometimes point to missed appointments, but providers still owe duties once a patient is in their care, and those arguments must be tested against the records.

How long does a medical malpractice case take to resolve?

Timing depends on several factors, including the 60-day pre-suit notice period, challenges to the expert report, the number of defendants, the court's docket and whether the case settles or goes to trial. Birth injury cases can take longer because doctors often need time to understand a child's long-term needs. We explain the factors in your specific case rather than promising a set timeline.

Do I need a lawyer for a medical malpractice claim in Texas?

Texas law makes these claims very difficult to pursue without one. Under Tex. Civ. Prac. & Rem. Code § 74.351, a qualifying expert report must be served within 120 days of each defendant's answer, or the claim faces dismissal with prejudice and an order to pay the defendant's attorney's fees. The pre-suit notice must also include a specific medical authorization under § 74.052.

What if the doctor or hospital doesn't have insurance?

Hospitals and medical practices commonly carry professional liability coverage or are self-insured, but coverage varies from one provider to another. Part of our investigation is identifying every potentially responsible party, including hospitals and practice groups that may be responsible for their employees. If a governmental or federal provider is involved, different rules and damages limits apply.

Will my case go to trial?

Many cases resolve through settlement or mediation, but some do go to trial. Our firm prepares every case so that a jury trial remains a real option, because a defendant's view of the risk of trial often affects whether a fair resolution is offered. Whether to settle or go to trial is always your decision.

How do I pay for my child's treatment while the case is pending?

Most families rely on health insurance, Medicaid or other benefits while the case moves forward. Be aware that health insurers, Medicaid and Medicare may have rights to be reimbursed from any recovery. These reimbursement claims, often called liens, should be identified and addressed before any settlement is finalized.

Can a claim involve care in the labor and delivery unit even if it was an emergency?

Yes, but a higher standard may apply. Under Tex. Civ. Prac. & Rem. Code § 74.153, bona fide emergency care in an obstetrical unit can require proof of willful and wanton negligence. For suits filed on or after September 1, 2019, that standard does not apply to care after stabilization, care unrelated to the emergency, or situations where the provider's negligence caused the emergency.