When something goes wrong in the delivery room, families are often forced to make life-altering medical decisions while they’re still in shock. If that’s true for you and you’re reading this while trying to process what happened, rest assured, you don’t have to figure out the next steps alone.
Glenn W. Cunningham has spent 30+ years holding hospitals, doctors, and other medical providers accountable across Texas. Our mission is simple and steadfast: Making Health Care Safer, One Case at a Time.™ We intentionally handle a low volume of cases so each family gets focused attention, clear guidance, and a steady hand through an overwhelming process.
Below are the legal steps that matter most right now, and how our team helps you take them, one at a time.
Step 1: Keep Texas Deadlines and Required Notice Rules Front of Mind
Timing matters, especially in medical liability claims. For example:
- Statute of Limitations: Texas law requires patients to file suit within 2-years of the medical malpractice. An exception applies when the patient is a minor, as in a birth injury case. Nevertheless, parents should file suit before their child’s second birthday, if possible, to preserve all of their legal rights.
- Pre-suit notice requirements: Texas law requires written notice to each physician/health care provider at least 60 days before filing suit, and the notice must be accompanied by the required authorization form (Texas Civ. Prac. & Rem. Code § 74.051–74.052).
- Statute of Repose: Texas law includes a 10-year statute of repose for health care liability claims—an outside deadline that can apply regardless of discovery (Texas Civ. Prac. & Rem. Code § 74.251). When the Statute of Repose is applied to birth injury cases, parents must file suit on behalf of their child before their child turns 10 years old.
Deadlines in birth injury cases can be complicated, especially when the injured patient is a child. Getting qualified legal guidance early is one of the best ways to protect your options and your rights!
How we help: We track deadlines, handle notice and documentation requirements, and move the case forward in a way that keeps your family from getting swallowed by procedural stress.
Step 2: Prioritize Your Baby’s Medical Care And Stabilize The Situation
Some birth injuries are apparent immediately, while others emerge over time (for example, concerns involving oxygen deprivation and resulting neurological injury). To protect your legal rights, ensure your child receives appropriate evaluations and follow-up.
Common birth-injury-related conditions can include:
- Brachial plexus injuries, such as Erb’s palsy (often associated with difficult deliveries)
- Oxygen deprivation-related complications that may affect the brain and other organs
- Cerebral palsy, which can be related to early brain injury, requires long-term planning and care
How we help: At the Law Offices of Glenn W. Cunningham, we help families get organized fast by building a clean timeline, identifying key providers and facilities, and preserving the information medical experts typically need to evaluate what happened.
Step 3: Document Everything While It’s Still Fresh
Birth injury cases often turn on details that get blurry with time. Begin a simple “event log” and keep it in one place.
Document:
- Names and roles of everyone involved (OB/GYN, nurses, anesthesiology, neonatology, etc.)
- What you were told, and when
- When symptoms were observed (breathing issues, seizures, abnormal reflexes, weakness in an arm, etc.)
- Transfers, NICU admission, imaging, tests, procedures, and consults
- Bills, receipts, travel costs, time missed from work
How we help: We turn your notes into a structured case chronology that supports expert review and prevents you from reliving the same painful story.
Step 4: Request Complete Medical Records
You have important rights to access medical information, and waiting can make the process harder. Under HIPAA, individuals generally have a right to access and obtain copies of protected health information in a designated record set (eCFR: 45 CFR § 164.524).
Records to request may include:
- Prenatal records and maternal history
- Labor and delivery records (including fetal monitoring strips, nursing notes, and medication administration records)
- Operative notes (if a C-section or emergency procedure occurred)
- NICU/pediatric records
- Imaging and lab results
- Discharge instructions and follow-up plans
How we help: We guide you on what to request and how to request it, so you don’t end up with incomplete packets or missing components that later become critical.
Step 5: Speak With An Experienced Birth Injury Lawyer Before You’re Forced To Make Legal Decisions Under Pressure
Birth injury claims are medically dense and heavily defended. You shouldn’t have to become a medical-legal expert while caring for a newborn with urgent needs.
A qualified birth injury lawyer can help:
- Preserve evidence and prevent avoidable record gaps
- Coordinate expert review
- Calculate the actual lifetime impact of the injury (care needs, therapy, equipment, future medical costs)
- Pursue compensation while keeping your family’s bandwidth in mind
How we help: Our “low volume, high quality” approach means you’re not passed through an assembly line. When a client retains our firm, they retain Glenn W. Cunningham and the benefit of his decades spent litigating against the medical system.
Don’t Carry the Weight of a Birth Injury Alone. We’re Here to Help.
The legal steps to take immediately after a birth injury are not just boxes to check. They are how you protect your child’s future—medically, financially, and legally—while preserving the truth about what happened.
Glenn W. Cunningham has built a statewide reputation in Texas over 30+ years by relentlessly helping families and holding health care providers accountable. If you suspect negligence played a role in your child’s birth injury, contact the Law Offices of Glenn W. Cunningham today to schedule a free consultation. We’ll help you take the next steps clearly, carefully, and without added overwhelm.