My Child is a Victim of Medical Malpractice in Texas – Can I Sue on their Behalf?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
February 20, 2024

In your role as a parent, you have no greater responsibility than to keep your child out of harm’s way. It is an unfortunate reality that this is not always possible. You will most likely be seeking financial compensation to help your child heal if they have recently sustained an injury due to medical malpractice. For more information on whether you can file a medical malpractice lawsuit on behalf of your minor child, please continue reading, then contact an experienced Harris County, Texas medical malpractice lawyer today. Our firm can help you and your child navigate each step of the medical malpractice claims process ahead. Here are some questions you may have:

Can a parent file a medical malpractice claim on behalf of their child in Texas?

An adult acting in the capacity of next friend may file a medical malpractice lawsuit for a minor under Lonestar State law. Typically, the statute of limitations in cases of pediatric medical malpractice is the same as in adult medical malpractice. That is, two years, starting from the date of the underlying injurious incident. However, if your child was under the age of twelve at the time of the injury, you may file a medical malpractice claim on behalf of the minor anytime before your child reaches the age of fourteen.

How might my child sustain a medical malpractice injury in Texas?

Sadly, errors happen frequently in the medical community. Medical communities work very hard to conceal these mistakes from the general public. Overworked medical professionals often do not have the time or resources to provide individualized care to their young charges. As a result, your child may suffer a severe injury or even death. The following are some of the most frequent mistakes:

  • Failure to diagnose
  • Failure to follow up
  • Meningitis
  • Pneumonia
  • Infections
  • Negative drug reactions
  • Leukemia

How do you file a medical malpractice lawsuit on your child’s behalf in Texas?

The first step of filing a medical malpractice lawsuit on behalf of your child is submitting a notice of claim to every healthcare provider you plan on naming in the lawsuit. Typically, your attorney can do this on your behalf. Note that you are required to do so at least 60 days prior to filing your claim. You will also have to provide each provider named in your lawsuit with a form of release of protected health information so they can review the pending lawsuit and have a fair chance at building their defense.

Before you make any major decisions, speak with someone from our firm to discuss your child’s rights and prepare the best path forward.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

February 20 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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