If you’re wondering whether your child’s cerebral palsy was caused by medical negligence, our Houston birth injury lawyers can help you find answers. We’ll help you investigate the scope and cost of the medical care your child will need and evaluate the odds of winning your claim.
By getting help for your child with cerebral palsy, you can make a huge difference. Let us help you come up with a plan to get you compensation. Being able to cover the full cost of your child’s treatments can give them a brighter, more independent future.
For a free legal consultation with Houston Cerebral Palsy lawyer, call 1-800-222-9529
Medical Negligence and Cerebral Palsy
Errors on the part of your child’s doctor are referred to as medical negligence. It can happen in an instant but have lifelong repercussions, including a diagnosis of cerebral palsy. These are just some of the ways medical negligence can cause CP:
- A doctor does not have the experience needed to use assistive devices.
- A medical team administers an incorrect dosage of labor-inducing drugs.
- A medical team does not perform basic checks or tests prior to delivery.
- Reports or tests are misread, or an illness is misdiagnosed or undiagnosed.
These are all examples of preventable mistakes. Any injuries that result from mistakes can be categorized as preventable injuries. If your birth injury lawyer can prove that a doctor’s negligence, distraction, lack of experience, or avoidable mistake caused your child’s cerebral palsy, you may be able to sue for compensation to cover costs.
Houston Cerebral Palsy Lawyer Near Me 1-800-222-9529
What a Cerebral Palsy Lawyer Can Do for You
While you focus your efforts on your child’s rehabilitation and treatment, your Houston cerebral palsy attorneys will handle the legal obligations that come with filing a medical malpractice lawsuit. As we fight to recover fair compensation for your family, we can help determine:
- When and how your child was injured
- Why birth complications were not identified or handled properly
- Who was responsible for medical errors
- What expenses and damages you may be able to claim for a preventable birth injury
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How Much Will a Houston Birth Injury Lawyer Cost?
We understand that you may be concerned about taking on the cost of a claim at this time. Caring for your injured child and dealing with the cost of new medical needs is taxing. Cerebral palsy can be an expensive medical condition, and children with secondary disabilities will require even more medical care, resulting in higher bills.
We believe families deserve justice when their rights have been violated rather than when they can afford it. That’s why lawyers operate on a contingency fee basis. No upfront costs are required, and we only get paid if we win your case.
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Texas Medical Negligence Laws
Your Houston cerebral palsy attorney can advise you of relevant state laws that could affect the outcome of your case. It’s important to act quickly to ensure you do not miss any important deadlines.
Statute of Limitations
According to Texas law §74.251, you have no more than two years from the date the injury was discovered to file your medical malpractice claim. This is likely when your child was diagnosed with cerebral palsy or when it could have been discovered through reasonable diligence.
If you are in any way responsible for the injuries that led to a cerebral palsy diagnosis, you may lose some eligibility for compensation. According to Texas modified comparative negligence law, §33.012, if the former patient is partially responsible for their injuries, their compensatory award will be decreased by their degree of fault.
Examples of this could be disregarding medical advice or refusing necessary treatment. If you are found to be more than 50% responsible for your injuries, you are barred from receiving any form of recovery.
Damages in a Cerebral Palsy Lawsuit
A personal injury claim is identified as such if you have experienced some form of loss because of a medical professional or facility’s negligence. Your lawyer can help list your damages and assign a monetary value to them to be used in negotiations. This can include:
- Past and future medical treatment
- Medical equipment and assistive devices
- Indirect costs, such as the inability to work
- Lost income
- Special education
- Home modifications
- Long-term home medical care
- Therapy and rehabilitation
- Other treatments such as selective dorsal rhizotomy (SDR), electrical stimulation, and muscle relaxants
In the state of Texas, there is a cap on damages in medical malpractice cases. You cannot collect more than $250,000 for non-economic losses. Your compensation will also have to be administered in small payments instead of a lump sum if your award is over $100,000.
Get Started Filing Your Medical Malpractice Claim
At the Birth Injury Lawyers Group, we are prepared to fight for your family’s rights and secure the compensation you deserve. Lifelong conditions such as cerebral palsy can take an emotional and financial toll on families. We want you to know that we are here for you.
Reach out to us today if you are ready to speak with our Houston cerebral palsy lawyer. We understand what you’re going through, and we are here to offer you the guidance that will help your family thrive. Check out our birth injury caregiver guide to learn more about the resources that are available.