If your child was hurt during labor or delivery, the law gives your family a limited window to file a lawsuit. That window is called the statute of limitations, and if it closes, your child’s claim can be lost for good, no matter how strong the evidence of medical negligence. The rules are not the same everywhere. Texas, Georgia, Alabama, and Colorado each have their own deadlines and their own special rules for children, and some are much shorter than parents expect.
This guide explains how filing deadlines work in birth injury cases and walks through the specific rules in the four states where our firm focuses its practice.
Why Filing Deadlines Exist
Statutes of limitations exist for several reasons. Medical records can be lost over time, witnesses forget details, and evidence becomes harder to evaluate. Lawmakers also want claims resolved within a reasonable time so that cases can be decided while the facts are still clear.
Birth injury cases put real strain on these rules. A newborn cannot file a lawsuit, so parents or guardians must act on the child’s behalf. Families may not know right away whether an injury was caused by negligence or by a complication no one could have prevented. And some injuries, such as cerebral palsy or developmental delays, may not be diagnosed until a child is a toddler or older. Most states, including all four discussed here, respond to these problems with special rules for young children, but those rules still have limits.
Key Terms Every Parent Should Know
Statute of limitations. The basic deadline for filing a lawsuit, usually measured from the date of the negligent care or from when the injury was discovered.
Discovery rule. A rule in some states that starts the clock when the injury, and sometimes its cause, was discovered or reasonably should have been discovered.
Statute of repose. An outer limit that cuts off a claim after a fixed number of years, even if the injury was not yet discovered.
Tolling. A pause or extension of the deadline. States commonly toll deadlines for young children, for fraud or concealment, and for certain other circumstances.
Texas Birth Injury Filing Deadlines
In Texas, health care liability claims are governed by Chapter 74 of the Civil Practice and Remedies Code. Under Section 74.251(a), a claim generally must be filed within two years from the date of the negligent care, or from the date the treatment or hospitalization at issue was completed.
The rule for children. Texas gives children injured before age 12 until their 14th birthday to file, or have filed on their behalf, their claim. For a baby injured at birth, that is a substantially longer window than two years.
The 10-year outer limit. Under Section 74.251(b), every health care liability claim must be brought within 10 years of the act or omission, no matter what. Texas lawmakers wrote this provision as a statute of repose.
Pre-suit notice. Under Section 74.051, a family must send written notice of the claim by certified mail to each doctor or health care provider at least 60 days before filing suit. Proper notice tolls the statute of limitations for 75 days.
Claims against government hospitals. When a public hospital or other governmental unit is involved, the Texas Tort Claims Act generally requires notice of the claim no later than six months after the incident (Section 101.101), unless the government already had actual notice of the injury. Some city charters set their own notice periods. This deadline can expire long before the general statute of limitations.
Parents’ claims can expire sooner. The extended deadline for children applies to the child’s own claim. Claims that belong to the parents, such as for medical bills paid before the child turns 18, may be subject to the regular two-year deadline. Families in Houston, Dallas, San Antonio, Austin, El Paso, Corpus Christi, and across Texas should not assume the child’s extended deadline protects every part of the case.
Georgia Birth Injury Filing Deadlines
In Georgia, medical malpractice actions generally must be filed within two years after the date the injury arising from the negligent act occurred (O.C.G.A. § 9-3-71(a)). Georgia also has a five-year statute of repose measured from the date of the negligent act (O.C.G.A. § 9-3-71(b)).
The rule for children. Under O.C.G.A. § 9-3-73(b), a child who was under age 5 when the claim arose has two years from his or her 5th birthday, which means until the 7th birthday, to file. Children age 5 and older are subject to the regular deadlines.
The outer limit for young children. Under O.C.G.A. § 9-3-73(c), a claim on behalf of a child who was under 5 at the time of the negligent act can never be brought after the child’s 10th birthday.
For families in Atlanta, DeKalb County, Fulton County, Augusta, Columbus, and Macon County, the practical takeaway is that Georgia gives young children more time than adults, but far less than many parents assume. Waiting until a child starts school can mean waiting too long.
Alabama Birth Injury Filing Deadlines
Alabama medical malpractice cases are governed by the Alabama Medical Liability Act. Under Ala. Code § 6-5-482(a), a claim generally must be filed within two years after the act or omission that caused the injury.
Limited discovery rule. If the injury was not discovered and could not reasonably have been discovered within those two years, the claim may be filed within six months of discovery, but never more than four years after the act or omission.
The rule for children. Under Ala. Code § 6-5-482(b), a child who was under 4 years old when the malpractice occurred has until his or her 8th birthday to file.
Wrongful death. If a baby or mother dies as a result of malpractice, Alabama’s wrongful death statute generally requires the claim to be filed within two years of the death (Ala. Code § 6-5-410(d)).
Families in Birmingham, Montgomery, Huntsville, Selma, and throughout Alabama should note that the four-year outer limit applies to adults and older children alike, and the special rule for young children ends at the 8th birthday.
Colorado Birth Injury Filing Deadlines
In Colorado, a medical malpractice action generally must be filed within two years after the claim accrues, which is when the injury and its cause were known or should have been known with reasonable diligence (C.R.S. § 13-80-102.5 and § 13-80-108(1)). Colorado also bars most claims filed more than three years after the act or omission, with exceptions for knowing concealment and for foreign objects left in the body.
The rule for children. Under C.R.S. § 13-80-102.5, a child who was under 6 on the date of the negligent act may file at any time before his or her 8th birthday.
Families in Denver, Colorado Springs, Aurora, and Boulder should know that Colorado’s three-year outer limit is short. Combined with the special rule for children, it creates a window that can close well before a child’s long-term condition is fully understood.
The Four States at a Glance
| State | Rule for a child injured at birth | Statute |
|---|---|---|
| Texas | Until the 14th birthday (children injured before age 12), with a 10-year outer limit. | Tex. Civ. Prac. & Rem. Code § 74.251 |
| Georgia | Until two years after the 5th birthday (the 7th birthday), never after the 10th birthday. | O.C.G.A. §§ 9-3-71, 9-3-73 |
| Alabama | Until the 8th birthday (children injured before age 4). | Ala. Code § 6-5-482 |
| Colorado | Any time before the 8th birthday (children injured before age 6). | C.R.S. § 13-80-102.5 |
Exceptions That Can Extend or Shorten the Deadline
Fraud and concealment. Many states pause the deadline when a provider actively hides malpractice, for example by altering records or giving false explanations of what happened. Colorado’s statute, for instance, contains a specific exception for knowing concealment. These exceptions usually require evidence of active deception, not simply a failure to volunteer information.
Pre-suit requirements. Notice letters, expert reports, and affidavits can add steps before or shortly after filing. Texas, for example, requires the 60-day notice described above. Our article on why expert witnesses matter in birth injury litigation explains the expert requirements in each state.
Government defendants. Public hospitals and government employees often have special notice rules with short deadlines, as the Texas six-month notice requirement shows.
Wrongful death. When a child or mother dies, a separate wrongful death deadline may apply.
Which State’s Law Applies?
Generally, the law of the state where the delivery took place governs the claim. A family that gave birth in Houston and later moved to Denver will usually be dealing with Texas law, not Colorado law. Moves between states and deliveries near state lines can raise complicated choice of law questions, so families should not assume which rules apply.
Why You Should Not Wait Until the Deadline
Even when the law allows several years, waiting has real costs:
- Evidence fades. Records can be harder to locate over time, and the nurses and doctors involved may move or forget details. Knowing which documents to preserve after a traumatic birth helps protect your case now.
- Expert review takes time. A birth injury case requires careful review of fetal heart rate tracings and delivery records before a lawsuit can responsibly be filed. Our article on how birth injury cases differ from other medical malpractice claims explains why.
- Your child’s needs are immediate. Therapy, equipment, and medical care cost money today. Understanding the long-term costs of caring for a child with birth injuries shows why early planning matters.
- Parents’ claims may expire first. As noted above, the parents’ own claims can face shorter deadlines than the child’s.
How to Protect Your Family’s Rights
If you suspect your child’s condition was caused by a medical mistake, start by learning whether the condition is a birth injury or a birth defect, since that distinction shapes whether a claim exists at all. Then follow the practical steps in our guide on what to do if you suspect your child’s disability was caused by medical negligence.
Common situations that lead to claims include delayed C-sections, missed warning signs on the fetal monitor, and mishandled shoulder dystocia. If any of these happened during your delivery, our article on when to consult a birth injury attorney explains why speaking with a lawyer early is the safest course. You can also read about what compensation is available in birth injury cases.
Speak With a Birth Injury Lawyer Before Your Deadline Passes
Injury From Hospitals & Doctors focuses on serious birth injury and OB-GYN medical malpractice cases. Our team includes Dr. Ivana Amajoh-Anunobi, a board-certified obstetrician and gynecologist, who works with our attorneys to review the medical side of every potential case from the start.
Our primary office is in Houston, and we meet with families by appointment in Atlanta, Birmingham, and Denver. We represent families throughout our focus areas, including:
- Texas: Houston, Dallas, San Antonio, Austin, El Paso, and Corpus Christi
- Georgia: Atlanta, DeKalb County, Fulton County, Augusta, Columbus, and Macon County
- Alabama: Birmingham, Montgomery, Huntsville, and Selma
- Colorado: Denver, Colorado Springs, Aurora, and Boulder
An attorney can calculate the exact deadline that applies to your family’s case. Contact us for a confidential consultation or call 1 (855) 538-0863.
Houston, TX (Primary Office): 1415 North Loop W., Ste. 1140, Houston, TX 77008. Tel: (832) 538-0833
Atlanta, GA (By Appointment): 1201 West Peachtree Street, Ste. 2300, Atlanta, GA 30309. Tel: 1 (855) 538-0863
Birmingham, AL (By Appointment): 2100 Southbridge Pkwy, Ste. 650, Birmingham, AL 35209. Tel: 1 (855) 538-0863
Denver, CO (By Appointment): 7900 East Union Avenue, Ste. 1100, Denver, CO 80237. Tel: 1 (855) 538-0863
Legal Disclaimer: This article is for general informational purposes only and is not legal or medical advice. Every case depends on its own facts. Reading this article does not create an attorney-client relationship. Statutes of limitations and other legal requirements vary by state and can change, and missing a deadline may end your right to seek compensation. Please consult a qualified attorney about your specific situation.