Where to File in Texas
Texas birth injury lawsuits are filed in state district courts (Texas does not have a general federal MDL for birth injury). Harris County (Houston), Dallas County, and Bexar County (San Antonio) courts handle the largest volumes of obstetric malpractice cases. Texas requires plaintiffs to serve each defendant with an expert report authored by a qualified physician or healthcare provider within 120 days of filing (Tex. Civ. Prac. & Rem. Code § 74.351). Failure to serve a compliant report results in dismissal with prejudice.
Texas medical malpractice claims must be filed within two years of the date of the negligent act or omission (Tex. Civ. Prac. & Rem. Code § 74.251). For minors, Texas tolls the limitations period until the child's 14th birthday—so families have until age 14 to file on behalf of an injured child, and claims alleging foreign bodies or fraudulent concealment may extend further. The 120-day expert report deadline still applies and is not tolled for minors.
Texas caps non-economic damages in health care liability claims at $250,000 per claimant against physicians and $250,000 per claimant against each hospital defendant, with a maximum of $500,000 total non-economic damages (HB 4, 2003 tort reform). Economic damages—including lifetime attendant care, medical equipment, therapies, and lost earning capacity—remain uncapped. In severe cerebral palsy or HIE cases, economic damages alone commonly exceed $15–25 million.
Texas birth injury litigation frequently involves claims against large hospital systems such as HCA Healthcare, Baylor Scott & White, and UT Health, as well as independent OB/GYN practices. Common theories include failure to perform timely C-section, failure to diagnose fetal distress, improper use of vacuum or forceps, and inadequate monitoring during labor. Texas's strict expert report requirement means retaining a qualified obstetric expert within the first four months of filing is essential to case survival.