Childbirth should be a joyful occasion. But when medical negligence occurs, the result can be devastating, either a child born still (stillbirth) or a child born alive but with serious birth injuries. While both outcomes are tragic, Texas law treats them very differently. Understanding these legal distinctions is essential for parents considering a medical malpractice lawsuit in Houston or anywhere across the state.
- When a Child Is Born Dead (Stillbirth Cases in Texas)
In Texas, when a child is born dead due to medical negligence, the claim is generally treated as a wrongful death or survival action under the Texas Civil Practice and Remedies Code.
Key Legal Implications:
- Wrongful death claim: Parents may recover damages for their emotional suffering, loss of companionship, and mental anguish.
- Survival claim: Parents may pursue damages for medical expenses incurred prior to the child’s death, as well as funeral and burial expenses.
- No lifetime damages: Since the child did not survive, there is no claim for future medical care, disability accommodations, or lost earning capacity.
The focus of the lawsuit is primarily on the parents’ losses — their grief, emotional toll, and out-of-pocket expenses.
- When a Child Is Born Alive but Injured (Birth Injury Cases)
If the child is born alive but suffers a serious injury caused by negligence, the law shifts. These cases are considered personal injury claims on behalf of the child, with the parents often serving as guardians or next friends in the lawsuit.
Key Legal Implications:
- Lifetime medical care: Compensation may include the cost of surgeries, therapies, medications, and long-term hospitalizations.
- Disability accommodations: Damages may cover assistive technology, mobility devices, home modifications, and educational support.
- Lost earning capacity: If the child’s injuries prevent them from working as an adult, damages may include lost future wages.
- Pain and suffering of the child: Unlike stillbirth cases, the injured child may be compensated for their own physical pain and reduced quality of life.
- Parental damages: Parents may also seek recovery for emotional distress, loss of income due to caregiving duties, and associated costs.
These cases are often far more financially significant, as the law considers the injured child’s entire lifetime of needs. Settlements and verdicts may reach millions of dollars depending on the severity of the injury.
- Texas Damage Caps and Limitations
Under Texas Civil Practice & Remedies Code Chapter 74, non-economic damages in medical malpractice cases are capped:
- $250,000 against a single physician or healthcare provider.
- $250,000 per institution (up to $500,000 total).
However, economic damages (such as medical bills, long-term care costs, and lost earnings) are not capped. This distinction makes birth injury cases, where the child survives, potentially much more valuable in terms of compensation than stillbirth cases.
- Statute of Limitations
- Stillbirth claims: Parents typically must file within two years of the negligence.
- Birth injury claims: The statute of limitations is extended for minors. Generally, a child has until their 14th birthday to bring a malpractice claim in Texas, though parents’ claims for their own damages are usually limited to two years.
- Emotional vs. Financial Realities
The law draws a sharp line:
- Stillbirth cases recognize the parents’ grief but do not provide for lifetime care costs, resulting in smaller recoveries.
- Birth injury cases provide compensation for decades of medical care, therapies, and support for the injured child, leading to larger recoveries.
For families, this distinction can feel unjust, but it reflects how Texas law balances wrongful death versus personal injury claims.
Conclusion
When negligence robs families of a healthy delivery, Texas law distinguishes between stillbirth and birth injury cases in ways that dramatically affect compensation. If your family has suffered either outcome, seeking legal guidance quickly is critical.
The medical negligence lawyers at InjuryFromHospital.com are highly skilled in litigating medical malpractice claims across the country. The firm has the resources to take any medical malpractice case to trial. Additionally, the firm has an in-house board-certified OB-GYN doctor that reviews all medical malpractice cases and works collaboratively with the lawyers to develop appropriate case strategy.
Please contact us at 1 855-538-0863 today for a free consultation. If we accept your case, you will not be charged any fees unless we win or recover for you. NO WIN NO FEE!