Find a birth injury lawyer in El Paso: what families should know first

If your baby was born at UMC or treated at El Paso Children's Hospital, notice may be due within six months, because the hospital district is public. A child under 12 generally has until age 14 to bring a Texas medical claim. Military and federally funded care follow federal rules.

Last checked November 9, 2026 · Official sources (41)

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Road map of central El Paso showing the area around the University Medical Center campus
UMC is public: notice can be due within six months of birth. Map data © OpenStreetMap contributors.

How do you know if a birth injury in El Paso could have been prevented?

You may not know yet, and that is okay. Many families come to this page with a feeling that something went wrong and no one will say what. Most cerebral palsy comes from events before or during birth, and some of those events cannot be prevented. A risk factor does not mean the cause was a mistake.

Doctors may use words like HIE, which means a brain injury from too little oxygen or blood flow around birth, or brachial plexus injury, which is a nerve injury to the arm. HIE can lead to anything from no lasting effects to severe disability. Asking what happened is not an accusation. It is a parent's right.

Which El Paso hospitals change your deadline?

Where your baby was born or treatedWho it isWhat that means
UMC or El Paso Children's HospitalPublic hospital districtNotice within six months. Payment is capped at $100,000 per person
Care from Texas Tech PhysiciansPart of a state university's medical schoolState cap of $250,000 per person, $500,000 per occurrence
Private hospital or doctorPrivateWritten notice 60 days before suit, 2 years from the act or end of treatment for most adults
William Beaumont at Fort BlissArmyClaim on Standard Form 95, filed with the nearest claims office
Federally funded clinic such as Centro San VicenteMay be treated as federalClaim comes before any suit, within 2 years

Claims against public hospitals are limited to certain situations under Texas law, so this is not a matter of filling out one form. Please talk to someone early if your care involved UMC.

El Paso Children's Hospital has a NICU that UMC describes as Advanced Level IV, and it calls itself the region's only pediatric specialty hospital. Because it is the region's only children's specialty hospital, the public rule can come up often here.

If you or your baby were treated at William Beaumont, the Army lists a claims contact at 18511 Highlander Medics St., 915-569-3176. A separate federal process allows the Defense Department to settle some malpractice claims by service members. Ask a lawyer who knows military cases which one applies to your family.

How long does an El Paso family have to act on a birth injury?

Texas gives children under 12 until their 14th birthday to bring a medical claim. A Texas court has held an earlier cutoff unconstitutional for a child's own claim, but the statute's outer limit is 10 years, so do not assume you can wait. A parent's own claims can have shorter time limits than the child's.

The public hospital notice does not wait for a child to grow up. Texas may excuse the notice if the government truly knew of the injury, but that is a fight you do not want to have. After the notice, an expert report is due 120 days after each defendant answers, and a missed report ends the case. This is why these cases take preparation, not speed alone.

How do you get your baby's birth records in El Paso?

  1. Write down what you remember: when labor started, what you were told, who was in the room and any change in plans.
  2. Ask in writing for both records: the mother's labor records and the baby's chart. Include fetal monitor strips and cord blood results.
  3. A provider has to act within 30 days. Texas hospitals can destroy a child's records after the 20th birthday or 10 years after last treatment, so do not wait.
  4. Keep a list of every specialist, therapy and piece of equipment. The bills show what your child will need.

What help can your child get in El Paso while you decide?

You do not need a lawsuit, a diagnosis or a confirmed delay to ask for help. Texas Early Childhood Intervention serves children up to age 3. Call 1-877-787-8999, choose a language, then Option 3, and they will give you your local program. We could not confirm the current El Paso provider's name, so use that line.

If a claim is successful, Texas limits pain and suffering awards to $250,000 per claimant for doctors $250,000 for one hospital and $500,000 for all institutions combined. Emergency care in an obstetrical unit has a harder standard of proof. A court can also order how a child's money is held so it lasts.

Questions

Is UMC of El Paso a public hospital?

Yes. The El Paso County Hospital District describes itself as a public system that includes UMC and El Paso Children's Hospital.

How long do I have to sue for a birth injury in Texas?

A child under 12 generally has until age 14. Notice to a public hospital is due within six months, and that date does not pause for a child.

Can I sue if my baby was born at William Beaumont at Fort Bliss?

A claim starts with Standard Form 95 at the Army claims office. Federal rules are different, so get advice from someone who handles military cases.

Where can I get help for my child's development in El Paso?

Texas Early Childhood Intervention. Call 1-877-787-8999, Option 3.

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Sources (41)

  1. El Paso County Hospital District Strategic Plan, checked 2026-11-09. “a public, nonprofit healthcare system dedicated to serving the residents of El Paso County”
  2. El Paso County Hospital District, checked 2026-11-09. “El Paso County Hospital District includes University Medical Center of El Paso”
  3. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  4. 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”
  5. 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”
  6. Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
  7. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  8. Texas Health and Human Services, checked 2026-11-09. “A medical diagnosis or a confirmed developmental delay is not needed to refer.”
  9. 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%).”
  10. CDC, checked 2026-11-09. “having a risk factor does not mean that a child will have CP”
  11. 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”
  12. NINDS, checked 2026-11-09. “Some brachial plexus injuries can happen to babies during birth.”
  13. 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.”
  14. University Medical Center of El Paso, checked 2026-11-09. “C-SECTION Includes mother and healthy baby”
  15. Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person”
  16. University Medical Center of El Paso, checked 2026-11-09. “NICU Medical Director and Board-Certified Neonatologist from Texas Tech Physicians of El Paso”
  17. Texas Tech Physicians of El Paso, checked 2026-11-09. “Texas Tech Physicians of El Paso is part of the Texas Tech University Health Sciences Center Paul L. Foster School of Medicine.”
  18. Tex. Civ. Prac. & Rem. Code § 101.023(a), checked 2026-11-09. “Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence”
  19. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
  20. 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”
  21. U.S. Army, Filing a Tort Claim, checked 2026-11-09. “Claims should be filed on a Standard Form 95”
  22. U.S. Army, Filing a Tort Claim, checked 2026-11-09. “contact the claims office at the installation or medical center closest”
  23. Centro San Vicente, checked 2026-11-09. “federally funded, nonprofit, community health clinics”
  24. HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
  25. Texas Civ. Prac. & Rem. Code 101.021, checked 2026-11-09. “personal injury and death so caused by a condition or use of tangible personal or real property”
  26. University Medical Center of El Paso, checked 2026-11-09. “Neonatal Intensive Care Unit Advanced Level IV”
  27. University Medical Center of El Paso, checked 2026-11-09. “has become the primary and sole pediatric specialty hospital in the region”
  28. U.S. Army Claims Offices table, checked 2026-11-09. “18511 Highlander Medics St.Fort Bliss, TX 79918915-569-3176”
  29. 10 U.S.C. § 2733a, checked 2026-11-09. “the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the”
  30. Texas 14th Court of Appeals, describing Weiner v. Wasson, checked 2026-11-09. “unconstitutional as applied to a minor”
  31. Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
  32. Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “do not apply if the governmental unit has actual notice”
  33. 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”
  34. Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “with prejudice to the refiling of the claim”
  35. 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”
  36. Texas Health and Human Services, checked 2026-11-09. “Call the HHS Office of the Ombudsman at 1-877-787-8999, select a language, and then select Option 3.”
  37. 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”
  38. Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “where final judgment is rendered against a single health care institution”
  39. 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”
  40. Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “in an obstetrical unit”
  41. 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”

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