Find a birth injury lawyer in Fort Worth: deadlines, hospitals and records

A Texas birth injury claim is a health care liability claim. Written notice must go to each provider at least 60 days before suit, and a child under 12 generally has until age 14 to file. In Fort Worth, Cook Children's has a Level IV NICU and Texas Health Fort Worth has a Level III NICU.

Last checked November 9, 2026 · Official sources (31)

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Map of the Fort Worth Medical District showing the hospital area around 7th Avenue where Cook Children's and other hospitals are found
A child under 12 generally has until age 14 to file. Map data © OpenStreetMap contributors.

What is the deadline for a birth injury lawsuit in Texas?

We are sorry about what your family is going through. Start with the clock, because Texas has more than one.

RuleWhat it says
Usual deadlineTwo years from the act or the end of treatment
Children under 12Until their 14th birthday, or a parent can file on their behalf
Notice firstWritten notice at least 60 days before suit, which adds 75 days to the deadline
Outer limit10 years, no matter when the harm is found

That 10 year limit is a hard stop in the statute. A lawyer should tell you how it applies to your child's age.

Which Fort Worth hospitals care for newborns with serious problems?

Cook Children's calls its Fort Worth NICU Level IV. It is open 24 hours at 801 7th Ave. Texas Health Harris Methodist Hospital Fort Worth has a Level III NICU. In July 2026 it announced plans for a new Labor and Delivery unit, an Obstetrics Emergency Department and an expanded NICU.

JPS Health Network is the Tarrant County Hospital District. I did not find JPS's NICU level on its public pages. Naming a hospital here says nothing about whether it did anything wrong.

What do Texas rules say about delivery room emergencies?

They can make a claim harder. For emergency care in a hospital obstetrical unit, a claimant must show willful and wanton negligence, with limits. That is a higher bar than ordinary carelessness.

  • The expert report clock starts when each hospital or doctor you name files an answer, and it runs 120 days. A missed report can end the case, and the court can award the defendant fees and costs.
  • Noneconomic damages, such as pain and suffering, are capped at $250,000 against all doctors combined and $500,000 against all institutions combined.
  • The bills a Texas jury counts are the amounts paid or owed, so keep both the bill and the insurer's payment record.

What if the delivery hospital was a public hospital in Fort Worth?

Public hospitals follow extra rules. Texas lets people sue government health care only in limited cases, such as injury caused by the condition or use of property. JPS Health Network is the Tarrant County Hospital District, so a claim against it may follow these government rules. The Texas cap is $100,000 per person and $300,000 per occurrence.

Notice to a public body is due in 6 months. Being a minor does not pause that 6-month notice, even when the injured child is a newborn. If a public hospital might be involved, send the notice early, even before you know all the facts.

How do you get your medical records after a birth injury?

  1. Ask for the mother's chart and the baby's NICU chart in writing. Under federal rules the provider has 30 days to respond.
  2. For JPS, request records by MyChart or fax to 817-702-5700. Mail goes to 1500 S. Main Street, Fort Worth 76104.
  3. For Texas Health Fort Worth, which runs a Level III NICU, file the request online through Versima.
  4. Do not wait on a hospital to keep records forever. A hospital may dispose of records after 10 years.
  5. Keep a list of every doctor, nurse and date you can remember.

A complaint to the Texas Medical Board is separate from a lawsuit. Send it on paper with your name on it, because the board does not take anonymous complaints. To ask questions first, call the board at 512-305-7030.

Questions

What is a health care liability claim?

It is a claim that a doctor or hospital's care fell below the standard. Texas gives these claims special notice, report and cap rules.

Can a parent file for the child?

Yes. A claim for a child under 12 can be filed on the child's behalf.

Who handles guardianship for a child with lasting disability?

Probate Court No. 1, at 100 West Weatherford St., Room B60, hears the guardianship case for a child with a lasting disability.

Does a Medical Board complaint start my lawsuit clock?

No. The board process is separate, so track the lawsuit deadlines on their own.

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Sources (31)

  1. Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
  2. Tex. 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, or have filed on their behalf, the claim.”
  3. Cook Children's, NICU Fort Worth, checked 2026-11-09. “Welcome Cook Children's nationally recognized Level IV NICU provides the highest level of care available for our tiny patients.”
  4. Texas Health Resources, NICU at Texas Health Fort Worth, checked 2026-11-09. “Texas Health Fort Worth is equipped with a Level III Neonatal Intensive Care Unit”
  5. 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”
  6. Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
  7. 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”
  8. Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “with prejudice to the refiling of the claim”
  9. 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”
  10. Cook Children's, NICU Fort Worth, checked 2026-11-09. “Open 24 hours View full hours 801 7th Ave., Second floor Fort Worth, TX 76104”
  11. Texas Health Resources, news release, July 14, 2026, checked 2026-11-09. “A new Labor and Delivery unit, Obstetrics Emergency Department, and expanded NICU among plans”
  12. JPS Health Network, About JPS, checked 2026-11-09. “The Tarrant County Hospital District, known as JPS Health Network”
  13. Tex. Civ. Prac. & Rem. Code § 74.153, checked 2026-11-09. “in an obstetrical unit, or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the claimant bringing the suit may prove that the treatment or lack of treatment by the physician or health care provider departed from accepted standards of medical care or health care only if the claimant shows by a preponderance of the evidence that the physician or health care provider, with willful and wanton negligence, deviated”
  14. Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “with willful and wanton negligence”
  15. 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”
  16. 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”
  17. Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
  18. 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”
  19. Texas Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “$100,000 for each person and $300,000 for each single occurrence for bodily injury or death”
  20. 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”
  21. 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.”
  22. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  23. JPS Health Network, Patient Records, checked 2026-11-08. “You can fax a written request to 817-702-5700.”
  24. JPS Health Network, Patient Records, checked 2026-11-08. “JPS Health Network Health Information Management 1500 S. Main Street Fort Worth, TX 76104”
  25. Texas Health, Request Medical Records, checked 2026-11-08. “Texas Health has partnered with Versima”
  26. 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”
  27. Texas Medical Board, Complaint Process, checked 2026-11-09. “Complaints must be submitted in writing.”
  28. Texas Medical Board, Complaint Process, checked 2026-11-09. “The Board cannot accept complaints submitted anonymously.”
  29. Texas Medical Board, Consumer page, checked 2026-11-09. “Call (512) 305-7030 to reach a member of the TMB Call Center”
  30. Tarrant County Probate Court No. 1, checked 2026-11-09. “The creation of guardianships for incapacitated persons, including minors”
  31. Tarrant County, Probate Court No. 1, checked 2026-11-08. “100 West Weatherford St Room B60 Fort Worth, TX, 76196 Hours: 8 a.m. - 4:30 p.m. 817-884-1200”

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