Dallas Cerebral Palsy Lawyer

Cerebral palsy, or CP, is a serious physiological condition caused by some form of brain injury. If your child was diagnosed with cerebral palsy, medical errors or mistakes by your child’s delivery team may have caused or contributed to the condition. A cerebral palsy lawyer in Dallas will help you hold the at-fault party accountable.

Birth Injury Lawyer Group has been fighting on behalf of families with children who suffered birth injuries since 2003. During these years, we have recovered over $750 million for clients like you. Our Dallas birth injury lawyers offer compassionate legal guidance. Call today for a free consultation.

When Should I Talk With a Cerebral Palsy Attorney in Dallas?

Do you need to know the full extent of your child’s condition before you speak with a cerebral palsy lawyer? The answer is no. All you need is a diagnosis from a qualified medical professional.

As soon as you have one, that’s the time to talk to an attorney. Starting early gives your attorney enough time to meet legal deadlines and do a thorough investigation of what happened. More time means a stronger case and potentially more compensation.

Talk to a Cerebral Palsy Lawyer in Dallas for Free

If your child has any of the symptoms of cerebral palsy outlined above or has suffered a birth injury of any type, speak to our Dallas cerebral palsy lawyer team. You should not have to pay for treatments that are the result of a negligent caregiver.

Contact our birth injury lawyers for help with the following:

• Identifying at-fault parties who may be liable for damages.
• Ascertaining the value of your claim.
• Helping you meet all administrative and legal deadlines.
• Ensuring that you file a claim on time, within the defined statutes of limitation, with the right courts.

We’ve been helping clients get compensation for medical expenses for years. Time is of the essence, so contact us today for a free case evaluation and to learn more about your legal options.

Dallas Dallas Cerebral Palsy Lawyer Near Me (800) 222-9529

The Role of Negligence in Cerebral Palsy Cases

If your child’s care team made errors while treating your child, caused your child’s physical injuries, failed to diagnose or treat pre-existing conditions properly, or did not properly read test results or address a preventable issue, they may be held liable for medical malpractice.

Doctor distraction, inexperience, and lack of training can also be classified as negligent behavior. If your child sustains injuries or illness as a result of this behavior, we can hold the doctors or care team in question responsible.

How to Prove Negligence

Doctors have a fundamental duty of care to their patients, which encompasses a legal and ethical obligation to provide a standard of reasonable care, skill, and diligence. This duty requires physicians to act in the best interests of their patients, prioritizing patient safety and well-being. When they fail to do so and harm their patient, they can be held accountable.

To prove negligence, your cerebral palsy lawyer will focus on these main elements:

• Duty of care: Healthcare professionals, such as obstetricians, nurses, and midwives, have a duty to monitor the mother and fetus for any signs of distress or complications that could lead to cerebral palsy.
• Breach of duty: The healthcare provider’s actions or inactions fall short of the level of skill and diligence expected from a reasonable professional in their field. This can manifest in various ways, such as failing to monitor the fetus during pregnancy for signs of distress properly.
• Causation: There is a direct link between the healthcare provider’s breach of the duty of care and the child’s development of cerebral palsy. To prove causation, your lawyer must demonstrate that the provider’s negligent actions or omissions were the proximate cause of the child’s cerebral palsy.
• Damages: You suffered actual damages as a result of the defendant’s negligence. Your attorney will calculate your medical expenses, future medical bills, lost wages, and other losses you experienced.

Proving negligence establishes legal liability on the part of the healthcare provider who failed to uphold the expected standard of care. By demonstrating that the provider’s actions or inactions directly caused the child’s cerebral palsy, you can hold that provider accountable for the lifelong consequences of their negligence.

Who Is at Fault in a Cerebral Palsy Case

Pinpointing the responsible healthcare provider(s) or institution is necessary to establish legal liability for the child’s birth injury. This is a key step in being able to pursue a medical malpractice claim and seek appropriate compensation.

The main parties who could be at fault for causing cerebral palsy include:

• Obstetricians and gynecologists: These physicians are responsible for overseeing prenatal care, monitoring the fetus during pregnancy, and managing the delivery process. Failures in properly identifying risk factors, interpreting fetal monitoring data, or responding to signs of distress can lead to oxygen deprivation and birth injuries like cerebral palsy.
• Nurses and midwives: These healthcare professionals provide hands-on care and monitor patients throughout pregnancy and delivery. Negligence in recognizing complications, communicating concerns to physicians, or administering appropriate interventions can contribute to birth injuries.
• Hospital systems: The institutions where deliveries take place also bear responsibility for ensuring adequate staffing, training, equipment, and protocols are in place to maintain patient safety standards. Systemic failures at the organizational level can increase the risk of preventable birth injuries.

In some cases, multiple parties may share fault, such as when a hospital staff or midwife negligence combines with a hospital’s substandard policies or equipment failures. Our Dallas cerebral palsy attorneys will investigate the details of your case and identify all the responsible parties.

Will I Need to Go to Court for My Child’s Case?

The costs of treating CP can be quite expensive, so you might assume that the only way you’ll get paid is if your case goes to trial. This isn’t true. Nearly all personal injury settlements, including birth injuries, settle out of court.

There are several reasons settlements are more common than going to court. Court is risky, expensive, and time-consuming for both sides. It puts your child’s future into the hands of a judge and jury, and you’re never sure of what they’ll decide. However, sometimes it’s the only way to get full justice.

Even if your case goes to court, it’s unlikely you will have to attend or give testimony. Your cerebral palsy lawyer in Dallas will have your case ready and fight for justice for your child if negotiations break down this far.

How Much Can You Get in a CP Settlement?

The amount of compensation that you can receive in a cerebral palsy lawsuit depends on the type and severity of your child’s birth injury. As your Dallas cerebral palsy lawyers, we will carefully evaluate the birth injury’s financial impact on your family.

Some factors that will determine your settlement amount include:

• Whether the damage that occurred was in the facial nerve, brachial plexus, phrenic nerve, or spinal cord
• The extent and duration of nerve damage
• The time and treatment required to heal from injuries
• If your child has a long-lasting condition because of a birth injury

When you get in touch with one of our experienced cerebral palsy attorneys in Dallas, we can tell you what we think your compensation might be, then get to work to win you what you deserve.

Maximize the Value of Your Claim

The actions you take immediately after your child is diagnosed with CP will impact the value of your claim. One of the most important things you can do is call an experienced cerebral palsy lawyer in Dallas. Our team knows how to gather and use the available evidence to make your story heard.

We can increase the value of your cerebral palsy case by:

• Obtaining comprehensive medical records: Gathering all relevant medical documentation, from prenatal care to the child’s current treatment plan, shows the extent of the injuries and the causal link to the provider’s negligence. This includes lab results, fetal monitoring data, surgical reports, and detailed records of therapies.
• Retaining medical experts: Securing testimony from specialists like neonatologists, pediatric neurologists, and life care planners is crucial for quantifying the child’s prognosis and future care requirements. Expert opinions lend credibility and authority to the claim.
• Calculating lifetime costs: Meticulously calculating the expenses associated with the child’s cerebral palsy (including medical treatments, adaptive equipment, special education, lost earning potential, and caregiver support) provides a solid foundation for the damages being sought. Projecting these costs over the child’s expected lifespan is key.
• Documenting quality of life impacts: In addition to economic damages, the claim should also encompass non-economic damages that account for the child’s pain, suffering, and reduced quality of life resulting from their condition. Statements from the family and expert witnesses can help quantify these subjective impacts.

Our team will handle all the complex legal proceedings and negotiations with the other side so you can focus on caring for your child. They’ll use their skills to get you the best possible settlement or jury award rather than risking an unfavorable outcome on your own.

Texas Has a Statute of Limitations for Birth Injury Cases

The statute of limitations determines how much time an injured party (or their representative) has to file a lawsuit against the defendant. If you fail to file a claim within the set timeframe, you may lose your chance to recover your losses fully.

Under Texas law, for children under the age of 12 victimized by malpractice, you can sue on their behalf before their 14th birthday. However, most children get CP at birth and file before their 10th birthday to avoid another legal deadline called the statute of repose.

What Is Cerebral Palsy?

Cerebral palsy is a complex neurological disorder that affects an individual’s ability to control their muscle movements and coordination. This condition arises from damage to the developing brain, which typically occurs before, during, or shortly after birth.

The brain damage associated with cerebral palsy can have a wide range of effects, as it impairs the brain’s capacity to control and coordinate the body’s muscular functions effectively.

While there is no cure for cerebral palsy, early intervention and a multidisciplinary approach to care can help individuals with this condition lead fulfilling and productive lives despite the unique challenges they face.

The Benefits of an Accurate Diagnosis

If your child was diagnosed with cerebral palsy, the big question on your mind will probably be, “How did this happen?” It’s helpful to investigate the events and treatments surrounding your child’s birth to get a better understanding of why cerebral palsy may have developed. This may also allow you to determine if you can pursue legal action based on the child’s diagnosis.

If brain damage or a brain malformation of some sort is confirmed, the focus will turn to determining the extent and location of damage and impairment. Only then can treatment, therapy, and care like those suggested by the Centers for Disease Control and Prevention (CDC) be properly administered.

Knowing what caused your child’s cerebral palsy can give you peace of mind. It can also show whether any negligent parties caused your child’s injuries.

Causes and Presentation of Cerebral Palsy

The exact cause of many cases of cerebral palsy is unknown. According to the Centers for Disease Control (CDC), many CP cases involve a brain injury or some other form of brain damage while the brain is still developing.

Brain damage leading to cerebral palsy may result from:

• Abnormal cell development before birth: This can happen because of genetic or environmental factors that disturb the brain’s development.
• Poor insulation around developing nerve fibers: This can impede brain function and cause cerebral palsy, as the insulation around nerve fibers helps transmit electrical impulses in the brain.
• Brain cell death: Birth events such as trauma or complications involving the umbilical cord or placenta can lead to ruptured blood vessels or oxygen deprivation in the baby. Birth asphyxia can cause cerebral palsy.
• Bleeding in the brain: A brain hemorrhage can cause cerebral palsy by damaging the brain tissue responsible for motor control. This often occurs in premature infants whose blood vessels are not fully developed and are more susceptible to bleeding. When a hemorrhage happens, it disrupts the supply of oxygen to the brain cells, leading to cell death and tissue damage.

These are often linked to malpractice during the delivery process. If a doctor’s negligence caused your child to be injured, you may be eligible for compensation. If you think your child was the victim of medical malpractice, our cerebral palsy lawyers in Dallas can help you.

Complications Related to Living with CP

Cerebral palsy will affect many facets of your child’s life. The condition itself is permanent, but it does not progress because brain damage does not worsen with time. However, many complications can arise as a direct result of your child’s illness.

These include:

• Muscle weakness, spasticity, and coordination problems
• Contractures can affect bone growth, cause bones to curve and bend, and can cause joint deformities or dislocations
• Premature aging because of the excessive strain that cerebral palsy puts on the body
• Difficulties with swallowing and feeding can lead to malnutrition, which can lead to weak bones and impaired growth
• Mental issues such as depression because of social isolation or rejection
• Respiratory issues and breathing disorders
• Degenerative bone disease
• Low bone density, or osteopenia, which can lead to frequent fractures

While a medical professional can treat these, the treatments can be expensive. A Dallas cerebral palsy attorney can help hold them accountable for the damages that arise from your child’s injuries.

What Are the Long-Term Effects of Cerebral Palsy?

While some cerebral palsy patients have minor symptoms, others can have severe effects that last for their entire life. Through therapy and medical treatments, your child’s long-term symptoms can be lessened.

Some of the long-term effects of cerebral palsy include:

• Difficulty walking
• Difficulty speaking
• Issues with motor skills
• Delays in childhood developments

Cerebral palsy is not a progressive condition, meaning the brain damage does not worsen over time. However, the effects of the disorder can change as the child grows and develops, often requiring ongoing therapy, assistive devices, and specialized care to help manage the associated challenges and maximize the individual’s quality of life.

Call Our Experienced Dallas Cerebral Palsy Attorneys Today

Learning that your child has cerebral palsy can be a traumatic event. But you don’t have to face this difficult period alone. Birth Injury Lawyers Group will investigate your case and evaluate your options for compensation. We want to help you get the money you need to offer a comfortable life for your child.

Contact us today to schedule a free initial consultation. Our cerebral palsy lawyers in Dallas can answer all your questions and tell you everything you need to know about the case. This is a free, no-obligation consultation; you have nothing to lose by contacting us but potentially a lot to gain.