Find a birth injury lawyer in Austin: hospital records, deadlines and next steps
In Texas, a health care claim generally must be filed within 2 years, but a claim for a child under 12 can be filed until the child's 14th birthday. You must give 60 days' written notice first. Austin's Level IV NICUs are at Dell Children's and St. David's Medical Center.
Last checked November 9, 2026 · Official sources (36)
How do you know if a birth injury in Austin was preventable?
You often cannot tell without the chart. Most cerebral palsy is linked to events before or during birth, but a risk factor does not mean a child will have it. A brain injury from reduced oxygen or blood flow, called HIE, can range from no lasting effects to severe disability.
A lawyer and a medical expert read the records to see whether care fell below the standard. Not every injury is anyone's fault.
Which Austin hospitals deliver high-risk babies?
| Hospital | What it says about birth care |
|---|---|
| Dell Children's Medical Center | A Level IV NICU with on-site neonatologists 24 hours a day |
| St. David's Medical Center, 919 E 32nd St | A Level 4 maternal unit, maternal-fetal medicine, a high-risk transport team and a Level IV NICU |
| Ascension Seton Women's Hospital | On the Ascension Seton Medical Center Austin campus near 34th Street |
| CommUnityCare clinics | A federally qualified health center that served 148,234 patients in 2025 |
That last row matters for deadlines. Federally qualified centers can get malpractice coverage through the Federal Tort Claims Act. Then an administrative claim must come before any suit, presented in writing within 2 years. HRSA keeps a searchable list of those clinics.
How do you get your birth records in Austin?
- Ask in writing for the full labor and delivery chart, including fetal monitor strips and NICU notes, for both mother and baby.
- Use the hospital's own form. For Ascension Seton records, mail the hospital's form or bring it to the site, and St. David's South Austin offers several routes, including the MyHealthONE portal.
- Expect an answer within 30 days.
- Keep your copies. Texas lets a hospital dispose of a child's records on or after the child's 20th birthday or the 10th anniversary of the last treatment.
Where do complaints about a doctor or hospital go in Austin?
Complaints about physicians go to the Texas Medical Board, 1801 Congress Avenue, Suite 9.200, Austin. Help filing is at 1-800-201-9353. The Board cannot investigate a facility, including a hospital or emergency department, or a nurse for care within nursing practice. Those go to the Texas Board of Nursing.
A complaint is not a lawsuit, and it will not pay for your child's care.
What are the Texas deadlines for a birth injury claim?
| Step | Deadline |
|---|---|
| Parent's own claim | 2 years from the act or the end of treatment |
| Child under 12 at the time | Until the child's 14th birthday |
| Outer limit | 10 years |
| Written notice before suit | 60 days before filing, with a medical authorization |
| Expert report | 120 days after each defendant answers |
| Public hospital or clinic | Written notice within 6 months, unless actual notice |
Once proper notice is sent, the clock stops for 75 days. A missed expert report can end the case.
What limits apply to birth injury money in Texas?
For pain and suffering, all doctors together are capped at $250,000 per claimant, and all institutions together at $500,000. Emergency care in an obstetrical unit requires proof of willful and wanton negligence.
For a child's settlement, a court can order how the money is invested. Travis County probate courts set up guardianships for minors.
Questions
Can I sue if my baby has cerebral palsy?
Only if care fell below the standard and caused the harm. Many cases of cerebral palsy are not caused by a mistake.
Does the 14th birthday rule apply to the mother's claim?
No. A parent's own claim generally runs 2 years from the act or the end of treatment.
Is there a limit on how long a hospital keeps records?
A hospital may dispose of records after 10 years from the last treatment, so ask early.
Birth injury in Austin? See if you are owed money.
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See if I’m owed moneySources (36)
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed”
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “minors under the age of 12 years shall have until their 14th birthday in which to file”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
- Dell Children's Medical Center, Neonatal Intensive Care Unit, checked 2026-11-09. “As a Level IV neonatal intensive care unit (NICU), we provide the highest level of care for critically ill newborns and those born prematurely.”
- St. David's Medical Center, About Us, checked 2026-11-09. “St. David's Medical Center offers comprehensive Women’s Services, including a Level 4 maternal unit, maternal-fetal medicine, a high-risk transport team, the region’s largest Level IV NICU”
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
- Texas Civ. Prac. & Rem. Code 74.052, checked 2026-11-09. “Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section.”
- Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “not later than the 120th day after the date each defendant's original answer is filed”
- Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “with prejudice to the refiling of the claim”
- Texas Medical Board, Notice Concerning Complaints, checked 2026-11-09. “1801 Congress Avenue, Suite 9.200 P.O. Box 2018 Austin, Texas 78768-2018 Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353”
- Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “TMB does not have the authority to investigate a facility, including a hospital or emergency department.”
- 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
- CDC, checked 2026-11-09. “CP related to events before or during birth is called congenital CP and describes the majority of cases (85%–90%).”
- CDC, checked 2026-11-09. “having a risk factor does not mean that a child will have CP”
- NINDS, checked 2026-11-09. “an umbrella term for a brain injury that happens before, during, or shortly after birth when oxygen or blood flow to the brain is reduced or stopped”
- NINDS, checked 2026-11-09. “While some children who experience HIE at birth may not have any long-term consequences, others can experience mild to severe disabilities or even death.”
- Dell Children's Medical Center, Neonatal Intensive Care Unit, checked 2026-11-09. “Our experienced on-site neonatologists provide care 24/7.”
- St. David's Medical Center, About Us, checked 2026-11-09. “919 E 32nd St, Austin, TX 78705”
- Ascension Seton Women's Hospital, checked 2026-11-09. “Ascension Seton Women’s Hospital is located on the campus of Ascension Seton Medical Center Austin on the south side near 34th Street.”
- CommUnityCare, About, checked 2026-11-09. “In 2025, CommUnityCare served 148,234 individual patients”
- CommUnityCare, Federally Qualified Health Care, checked 2026-11-09. “Have access to medical malpractice insurance through the Federal Tort Claims Act.”
- HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
- 28 U.S.C. 2401(b), checked 2026-11-09. “presented in writing to the appropriate Federal agency within two years after such claim accrues”
- HRSA FTCA Search Tool, checked 2026-11-09. “searches a listing of recipients of Health Center Program grant funding that have been deemed as PHS employees”
- Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
- St. David's South Austin, Medical Records, checked 2026-11-08. “We offer several ways to request your medical records”
- Texas Health & Safety Code 241.103, checked 2026-11-09. “on or after the date of the patient's 20th birthday or on or after the 10th anniversary of the date on which the patient was last treated”
- Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “TMB does not have the authority to investigate a nurse for care provided within the scope of the practice of nursing.”
- Texas Civ. Prac. & Rem. Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice”
- Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians”
- Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $500,000 for each claimant”
- Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “in an obstetrical unit”
- Texas Property Code 142.001, checked 2026-11-09. “the court, on application and hearing, may provide by decree for the investment of funds accruing to the minor”
- Travis County, Probate Courts, checked 2026-11-09. “establishes guardianships for incapacitated persons and minors”
- Texas Health & Safety Code 241.103, checked 2026-11-09. “on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital”