Cerebral palsy, or CP, is a serious physiological condition that is 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 your child’s condition.
Texas cerebral palsy lawyers from the Birth Injury Lawyer Group can tell you if you’re eligible for compensation and fight to help you pay your medical bills.
For a free legal consultation with Dallas Cerebral Palsy lawyer, call 1-800-222-9529
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 development of the brain.
- Poor insulation around developing nerve fibers: This can impede brain function and cause cerebral palsy since the insulation around nerve fibers helps in the transmission of 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.
- Damaged brain connections because of trauma, infection, or strangulation can also lead to cerebral palsy.
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.
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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 peace of mind. It can also show whether any negligent parties caused your child’s injuries.
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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.
- Muscle weakness, spasticity, and coordination problems
- Contractures, which 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 these can be treated by a medical professional, 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.
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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. These include:
- Difficulty walking
- Difficulty speaking
- Issues with motor skills
- Delays in childhood developments
The Role of Negligence in Cerebral Palsy
If your child’s care team made errors while treating your child, caused your child’s physical injuries, failed to properly diagnose or treat pre-existing conditions, 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 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. 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 around what we think your compensation might be, then get to work to win you what you deserve.
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 attorney? The answer is no. All you need is a positive 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.
Under Texas law, for children under the age of 12 victimized by malpractice, you can sue on their behalf before their 14th birthday. However, given that most children get CP at birth, file before their 10th birthday to avoid another legal deadline called the statute of repose.
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.
Talk to a Cerebral Palsy Lawyer in Dallas for Free
If your child has any of the symptoms of cerebral palsy outlined above or 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 the Birth Injury Lawyer Group for help with:
- 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.