If your child was diagnosed with cerebral palsy in Austin, it may be worth examining the medical care you received while pregnant for malpractice. If doctor negligence caused a birth injury to your child during prenatal care or delivery, they may be liable for these damages in a medical malpractice lawsuit.
Texas cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to investigate your case and pursue compensation on your behalf.
Call the Birth Injury Lawyers Group today to discuss your case with a member of our team in a free, no-obligation consultation. We may be able to represent you on a contingency-fee basis with no up-front payment required.
For a free legal consultation with Austin Cerebral Palsy lawyer, call 1-800-222-9529
Understanding Cerebral Palsy
The term “cerebral” pertains to the brain, and “palsy” pertains to muscle weakness or paralysis of some. As such, cerebral palsy is an umbrella term given to the nerve and muscle issues caused by damage to the cerebral cortex, which is the part of the brain responsible for voluntary movements. Damage to the cerebral cortex may be permanent.
The symptoms of cerebral palsy can, under certain circumstances, lead to auxiliary effects such as misaligned joints, recurring fractures, and poor muscle tone as a result of malnutrition. This is because cerebral palsy can lead to difficulty with swallowing and eating.
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Risk Factors for Cerebral Palsy
There are many events and measures that your child’s delivery team must monitor during the mother’s pregnancy, before birth, and during birth. These factors can affect the health of the baby and are known as risk factors.
Risk factors that have been associated with the development of cerebral palsy include:
- Low birthweight
- Premature birth
- Multiple births, such as having twins
- Infections that can reach the brain of the baby or cause a stroke
- Oxygen restriction to the infant
- Birth complications
Connecting the risk factors above with specific acts of malpractice or negligence can be challenging. Fortunately, an Austin cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to manage this task for you.
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Medical Negligence and Cerebral Palsy
Your child’s medical team–doctors, nurses, an obstetrician, or other caregivers–must have the training, skills, and competence to handle delivery cases. They must also be vigilant in performing tests, monitoring the health of the mother and her baby, and be prepared to take emergency actions if there are signs of fetal distress or if a birth complication of any type arises.
Medical negligence most often occurs when a medical care team either fails to perform certain actions, incorrectly performs those actions, or makes errors in deciding the best course of treatment for their patients. If it can be established that those mistakes were identifiable and preventable, then you may have a case for medical malpractice.
Medical negligence could cause an infant’s cerebral palsy if doctors:
- Fail to identify and treat an infection in the mother that spreads to the womb
- Fail to screen for a complicated birth process and suggest a C-section as a safer alternative
- Allow the infant’s oxygen supply to be cut-off during delivery
- Apply excessive force to the infant, either manually or through the use of birth assistance tools such as forceps or a vacuum extraction device.
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How the Birth Injury Lawyers Group Can Help You
If you believe that medical negligence of any sort caused or contributed to your child’s cerebral palsy, contact the Birth Injury Lawyers Group. An Austin cerebral palsy lawyer from our firm may be able to help you determine what role, if any, negligence played in causing your child’s injuries. We can also identify who may be liable for those injuries and help you pursue them for compensation.
Doing this may involve collecting evidence, interviewing the medical team, and obtaining expert testimony in support of your case. We can also:
- Handle all communications, deadlines, and paperwork on your behalf
- Answer your questions and provide legal advice throughout your case
- Negotiate for a settlement offer with the responsible party’s insurance company
- Take your case to trial if they are not willing to make you a fair
To learn more about these services and to discuss your case in a free consultation with a member of our team, call the Birth Injury Lawyers Group (800) 222-9529.
Damages in a Cerebral Palsy Medical Malpractice Case
If you are able to prove that medical malpractice caused your child’s cerebral palsy, you may be able to recover the following damages:
- Medical care costs
- Medication, surgery, and testing costs
- Therapy costs
- Lost income
- Home improvement to cater to a disabled child
- Pain and suffering damages
- And more
The Statute of Limitations on Your Case
In general, Texas imposes a two-year statute of limitations on medical malpractice cases, per Texas Civil Practice and Remedies Code § 74.251. However, when the victim is a minor under the age of 12, this statute of limitations may be extended until their 14th birthday.
You may also have an obligation to notify the doctors or healthcare facilities you are planning to sue at least 60 days before filing a medical malpractice lawsuit against them, per Texas Civil Practice and Remedies Code § 74.051. The Birth Injury Lawyers Group can handle this task when we represent you.
Call the Birth Injury Lawyers Group Today
If medical malpractice caused your child’s cerebral palsy, your family may be owed compensation. An Austin cerebral palsy lawyers from the Birth Injury Lawyers Group may be able to represent you and handle your case while you concentrate on your child’s wellbeing.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.