Birth injury in San Antonio: your baby's records, deadlines and early help
If your baby was hurt around birth, start with two things. Ask the hospital for the full records, which it must provide within 30 days. Then check who runs the hospital: University Health is a public hospital district, so a written notice is due within 6 months. Children under 12 generally have until their 14th birthday to sue.
Last checked November 9, 2026 · Official sources (29)
Which San Antonio hospitals deliver babies and treat newborns?
Several. University Health's Women's & Children's Hospital is at 4502 Medical Drive, and the state has redesignated its NICU as Level IV, the highest level. Methodist Children's Hospital lists 94 NICU beds and says it has the city's largest NICU.
Other hospitals deliver babies, so the first step is simply to find out which doctors and which facility were involved. UT Health San Antonio faculty and resident physicians treat patients at University Health, and the two are separate organizations.
How do you get your baby's birth records in San Antonio?
- Ask for the mother's chart and the baby's chart, in writing. A provider must respond within 30 days.
- Ask for the fetal monitoring strips and NICU notes by name.
- Keep your own notes: dates, who you talked to, what you were told.
- Hospitals may keep a child's records until the 20th birthday or 10 years after the last treatment, so ask early.
If you hit a wall, a lawyer can send the request.
How long do you have to sue after a birth injury in San Antonio?
| Rule | What it says |
|---|---|
| General deadline | 2 years from the breach or end of treatment for most health care claims |
| Children under 12 | Until the 14th birthday |
| Outer limit | 10 years, no matter when the harm is found, for claims brought under that rule |
| Notice before suit | Written notice at least 60 days before filing |
| Notice adds time | A proper notice pauses the deadline for 75 days |
| Expert report | Due 120 days after each defendant answers |
A miss on the expert report can mean dismissal with no refiling, and the court awards the defendant fees and costs. A court has also held that an older cutoff was unconstitutional as applied to a minor's own claim. A lawyer should read the current rule for your child's date.
Does a public hospital change the rules?
Yes. University Health is officially the Bexar County Hospital District, a political subdivision of Texas. Notice to a government is due in 6 months, unless it actually knew. Liability of a local government is limited to $100,000 per person and $300,000 per occurrence.
A federally funded clinic can mean a federal claim first, with two years to present it in writing.
What makes Texas birth injury cases hard?
A hard standard applies to emergency care. In an obstetrical unit, the patient may have to prove willful and wanton negligence. Texas also caps pain-and-suffering damages: $250,000 for all doctors combined and $500,000 for all hospitals. Medical bills and care costs are separate from those caps.
These rules don't mean nothing can be done. They mean each case needs a medical review.
What help can your baby get now in San Antonio?
Early Childhood Intervention is a state program for children from birth to 36 months with delays, disabilities or certain medical diagnoses. Three programs take referrals in Bexar County: Easterseals at (210) 614-3911, Brighton Center at (210) 826-4492 and the Center for Health Care Services at (210) 261-3300.
A court can order how a child's settlement money is invested. To complain about a doctor, the Texas Medical Board hotline is 800-201-9353.
Questions
Does a cerebral palsy diagnosis mean a doctor made a mistake?
No. The CDC says 85% to 90% of cerebral palsy relates to events before or during birth, and many of those are not preventable.
What does HIE mean?
It's brain injury from reduced oxygen or blood flow.
Can the hospital charge me for the records?
Ask for a fee estimate first. The 30-day response rule still applies.
Birth injury in San Antonio? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (29)
- 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
- University Health, About Us, checked 2026-11-09. “we are officially the Bexar County Hospital District. While Bexar County is in our name, we are a separate governmental entity and a political subdivision of the State of Texas.”
- 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”
- 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 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 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
- 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 HHSC, Early Childhood Intervention, checked 2026-11-09. “for families with children from birth to 36 months with developmental delays, disabilities or certain medical diagnoses that may impact development”
- University Health, checked 2026-11-09. “has again redesignated the University Health Women’s & Children’s Hospital Neonatal Intensive Care Unit as a Level IV NICU”
- Methodist Healthcare, checked 2026-11-09. “With 94 dedicated NICU beds, Methodist Children's Hospital is home to San Antonio's largest NICU.”
- University Health, Frequently Asked Questions, checked 2026-11-09. “UT Health San Antonio faculty physicians and resident physicians are among the clinicians providing care for patients at University Health hospitals and clinics.”
- University Health, Frequently Asked Questions, checked 2026-11-09. “University Health and UT Health San Antonio are separate organizations.”
- 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 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. “all claims must be brought within 10 years or they are time barred”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
- 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 14th Court of Appeals, describing Weiner v. Wasson, checked 2026-11-09. “unconstitutional as applied to a minor”
- 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”
- 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”
- Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “in an obstetrical unit”
- 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 HHSC, ECI Program Search, checked 2026-11-09. “Programs available in Bexar county: Easterseals Rehabilitation Center 2203 Babcock Road San Antonio, TX 78229 Referral Number - (210) 614-3911 Fax Number - (210) 625-3162 Email: [email protected] Web: sanantonio.easterseals.com/about-us/locations-programs Brighton Center 14207 Higgins Road San Antonio, TX 78217 Referral Number - (210) 826-4492”
- 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”
- Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “Call the Complaint Hotline (800-201-9353)”
- 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%).”
- 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”