Cerebral palsy may occur because of a medical malpractice birth injury. If a doctor or another medical care professional caused your child to suffer a preventable birth injury, you may be able to hold them accountable in a medical malpractice lawsuit.
An Allen cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to build a case to pursue a medical malpractice settlement or award for your child and family. To learn if the circumstances that led to your child’s injuries and disabilities may support legal action, call (800) 222-9529 today for a free consultation with a member of our team.
For a free legal consultation with Allen Cerebral Palsy lawyer, call 1-800-222-9529
Damages Recoverable in a Texas Birth Injury Case
Under Texas Civil Practice and Remedies Code § 74.301, there are limits on the amount of damages you can recover in a birth injury case. However, this cap only affects non-economic damages such as pain and suffering. You may still be able to pursue economic damages to cover the cost of your child’s current and future medical needs, therapy, wheelchairs or walkers, assistive devices, and ongoing care.
Other expenses or losses you may be able to recoup could include:
- Renovations to your home necessitated by your child’s mobility concerns
- Time you missed at work because of your child’s treatment or care
- Out-of-pocket expenses related to your child’s diagnosis or treatment
- Other expenses or losses related to your child’s diagnosis
In addition, an Allen cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to help you build a case for pain and suffering, mental anguish, and other non-economic damages as allowed by the state’s medical liability laws.
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Navigating the Texas Birth Injury Claims Process
An Allen cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to navigate a Texas birth injury claim on your behalf. Our firm understands the Texas medical liability laws and their mandates that outline the steps required to prove your case, accuse the doctor or facility, and take your case to court.
Generally, Texas law requires victims of medical negligence to:
- Submit an expert’s report completed by a qualified medical care professional certifying that your child was a victim of medical malpractice, and this caused their cerebral palsy.
- Notify the at-fault party or parties with sufficient time to allow them to investigate the incident and come to their own conclusions.
After taking these steps, we may be able to engage in settlement negotiations with the at-fault party’s insurance company to try to reach an agreement. This process may allow us to reach a just settlement for compensation without having to go to trial. However, we will take your case to trial if necessary.
Let a member of the Birth Injury Lawyers Group take a look at the facts of your case today. We may be able to tell you if you should consider filing a claim. Call (800) 222-9529 to speak with a member of our team.
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Time Limits Apply for Filing a Lawsuit in a Texas Cerebral Palsy Case
Under Texas Civil Practice and Remedies Code § 74.251, you only have a limited time to file a lawsuit to hold the doctor or hospital who caused your child’s birth injuries liable. This is important to understand for birth injury cerebral palsy cases, because brain injuries may not become evident for several years until the child fails to meet developmental milestones, does not develop fine motor skills, or cannot keep up with their peers.
While the statute of limitations is generally two years from the date of injury in a Texas medical malpractice case, there is an extended time limit for victims under the age of 12.
You can speak to a member of our team today for free to learn more about your options and what specific deadlines apply to your case when you call the Birth Injury Lawyers Group.
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Your Child May Require Individualized, Ongoing Care for Their Cerebral Palsy
Treatment is a fact of life for most people born with cerebral palsy, as there is no cure for this condition. Each child requires an individualized treatment plan that may involve a number of experts and specialists.
Depending on your child’s specific symptoms, treatment may include:
- Pain medication
- Physical, occupational, and speech therapy
- The use of mobility assistance devices, such as a wheelchair
While some children with cerebral palsy may go on to live independently, provide all of their own self-care, or gain crucial skills to improve their quality of life, others may require lifelong care.
If a doctor’s negligence caused your child’s cerebral palsy, they may be required to pay for these costs of treatment in a medical malpractice lawsuit.
Talk to a Member of Our Team to Get Started Today
An Allen cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to investigate your case and handle all communications and legal work on your behalf while you concentrate on your child’s wellbeing. This may allow us to prove that your child was a victim of medical malpractice and recover compensation for your family.
This process begins with a free case review with a member of our team. Call the Birth Injury Lawyers Group at (800) 222-9529 to get help today.
We may be able to represent you on a contingency-fee basis with no advanced payments required. In this type of payment structure, we do not charge you for our legal fees unless and until you recover compensation in a settlement offer or court awards.