In Texas, children and minors have the legal right to pursue medical malpractice claims when they are injured due to healthcare negligence. However, the deadlines and procedures for minors differ from those for adults, reflecting the law’s recognition that children may not be able to understand or act on injuries immediately. At Maloney Law Group, P.L.L.C., we frequently assist parents and guardians in navigating these timelines to ensure that a child’s rights are fully protected.
Filing Medical Malpractice Claims for Minors
A medical malpractice claim arises when a healthcare provider fails to meet the accepted standard of care, causing injury or harm. For adults, the statute of limitations is generally two years from the date of injury or the date of discovery of the harm. For children, the law provides additional time to file a claim, taking into account their age and potential inability to understand the injury.
Under Texas Civil Practice & Remedies Code §74.251, if a child is under 12 years old, the statute of limitations is extended. In practice, this means the child has until their 14th birthday to file a claim, even if the injury occurred much earlier. This rule ensures that children have a fair opportunity to pursue justice, particularly for injuries that may not be immediately apparent.
The 10-Year Statute of Repose
While the statute of limitations is extended for minors, the 10-year statute of repose still applies. This law creates an absolute deadline: no medical malpractice claim can be filed more than 10 years after the date of the negligent act, regardless of when the injury is discovered or the patient’s age. This hard cap protects healthcare providers from indefinite liability while still allowing a reasonable time for children to file claims.
Common Scenarios Involving Minors
Several scenarios highlight why understanding these deadlines is critical:
- Birth Injuries: Complications during delivery, delayed diagnoses, or surgical errors may not manifest fully until the child is older. The extended filing period ensures parents can file claims after recognizing the injury.
- Delayed Discovery of Harm: Some injuries, such as misdiagnoses or surgical complications, may only become apparent months or years later. Texas law allows filing within two years of the date the injury was discovered, while respecting the 10-year absolute statute of limitations.
- Long-Term or Ongoing Treatment: If a child receives continuous treatment for a condition caused by negligence, the statute of limitations may begin at the end of the treatment period rather than the initial incident. This approach ensures the full scope of harm is considered.
Filing on Behalf of Minors
Because children cannot legally file lawsuits on their own, a parent or legal guardian must file the claim on their behalf. This includes preparing legal documents, obtaining medical records, and coordinating expert opinions to support the claim. Once the child reaches the age of majority (18 in Texas), they may continue to pursue the case if necessary.
Importance of Expert Affidavits
Texas requires that medical malpractice claims be supported by a qualified medical expert affidavit, even when filed on behalf of a minor. The affidavit must establish that the healthcare provider failed to meet the standard of care and that this failure caused the child’s injury. Expert support is crucial to ensure the claim is taken seriously and meets all relevant legal requirements.
Why Working With an Attorney Matters
Navigating medical malpractice claims for minors is complex. Calculating deadlines, filing on behalf of a child, gathering medical records, and securing expert affidavits are all critical steps. Missing deadlines—even for minor extensions—can result in dismissal of the case.
At Maloney Law Group, P.L.L.C., we guide parents and guardians through every step of the process. Our experienced attorneys ensure claims are filed correctly and on time, giving children the best chance to receive the compensation they deserve for medical negligence.
San Antonio Medical Malpractice Lawyers
If your child has suffered harm due to medical negligence, contact Maloney Law Group, P.L.L.C. today at (210) 361-2997. Our team will protect your child’s rights and help you navigate the deadlines and legal requirements of Texas medical malpractice law.