Reyes ex rel. Barcenas v. Roush

I fully concur in the court’s opinion. The fact that Ms. Barcenas contacted a *592law firm within a few months of this child’s birth to determine whether he had suffered an injury as a result of malpractice suggests that the lawsuit filed more than five years after the child’s birth is probably barred by the statute of limitations. This cannot, however, be established from the face of the record on a motion to dismiss. If this type of injury can occur from natural causes at the time of birth and is not necessarily caused by malpractice, it is at least conceivable that the malpractice could not be…