If your child is living with cerebral palsy in McAllen or elsewhere in the Rio Grande Valley, you may be able to prove their condition occurred as a result of medical negligence and recover a payout. While the Texas birth injury laws are complex, a Brownsville cerebral palsy lawyer from the Birth Injury Lawyers Group can help.
We will review your case for free. If a member of our team believes your child was the victim of a doctor or another medical care provider’s negligence, you may have enough evidence to hold them responsible and collect compensation.
For a free legal consultation with McAllen Cerebral Palsy lawyer, call 1-800-222-9529
Cerebral Palsy May Occur as the Result of a Preventable Birth Injury
Cerebral palsy occurs as a result of an injury to the cerebral cortex, which controls motor movement. This condition affects motor skills, coordination, balance, posture, and more. These injuries can occur when the brain lacks full blood flow and oxygen, when there is an infection or toxic substance that causes damage, or because of a physical injury.
Although there is no cure available for the damage, it may be possible to manage symptoms, overcome impairments, and live a high quality of life. This goal is often difficult, though. Motor control issues can affect mobility, using your hands, speaking and communicating, and even eating.
There are also a number of co-occurring conditions that children with cerebral palsy may develop. According to one study supported by the Centers for Disease Control and Prevention (CDC),
- More than 40 percent of children with cerebral palsy also have an intellectual disability.
- Of all children with cerebral palsy, 35 percent also have epilepsy.
- About 25 percent of children with cerebral palsy have both epilepsy and intellectual disability.
- More than 15 percent of children with cerebral palsy have vision concerns.
As you can imagine, these co-occurring conditions can require additional treatment and extensive therapy and may make it difficult for the child to reach independence as an adult.
Your child’s doctor will work with therapists, specialists, and others to put a treatment plan in place, prescribe assistive devices and mobility equipment, and take other steps to help your child develop and function to their fullest capabilities. However, the expenses can add up quickly.
If your child sustained their brain injury and now has cerebral palsy as a result of a preventable birth injury, a Texas cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to seek compensation to pay for your child’s care. Call us today for a free review of your case with a member of our team serving the Rio Grande Valley.
McAllen Cerebral Palsy Lawyer Near Me 1-800-222-9529
Proving a McAllen, Texas, Cerebral Palsy Case
Per Civil Practice and Remedies Code Chapter 74, Texas has a very specific process and rules you must follow to seek and secure liability and compensation in a medical malpractice case. If you decide to pursue a case based on your child’s cerebral palsy diagnosis, you will likely want to enlist the help of a McAllen cerebral palsy lawyer.
Your lawyer will help ensure you meet all the necessary requirements and gather evidence to support your claim, which could include:
- Filing the paperwork to notify potential defendants as necessary under §74.051.
- Identifying a qualified medical expert and securing a report verifying your claims as required, per §74.351.
- Representing you in settlement negotiations.
- Taking your case in front of a judge and jury if necessary.
To learn more about how the Birth Injury Lawyers Group may be able to help you with your case or to get started today, call (800) 222-9529.
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Damages Available Through a McAllen Cerebral Palsy Settlement
If we can prove your child’s cerebral palsy occurred as a result of medical malpractice, we may be able to build a case to help you recover both economic and non-economic damages based on your present and future expenses and losses.
While the Texas medical liability laws limit the value of recoverable non-economic damages, such as pain and suffering, there is no cap on economic losses and possible future expenses. We can work with economists, medical experts, and others to establish the lifetime costs of care and support for your child.
Recoverable damages may include:
- Medical treatment and care
- Ongoing care costs
- Mobility equipment, assistive devices, and communication tools
- Out-of-pocket expenses
- Wages you lost because of time away from work
- Other financial losses related to your child’s condition or care
- Pain and suffering and other non-economic expenses, up to the cap created by state law
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Time Limits Apply to File a Birth Injury Lawsuit in Texas
Under Texas Civil Practice and Remedies Code Chapter 74, there are several rules regarding the timeline for pursuing a birth injury medical malpractice claim. These rules are complex, so you will likely want to discuss them with an attorney before you decide you can wait to take legal action.
Under §74.251, a medical malpractice claim is generally two years from:
- The date the injury originally occurred
- Another date established when the date of injury cannot be determined
In addition, because it may take two years or longer to recognize your child’s cerebral palsy and get an accurate diagnosis, there is a law that may extend the time you can wait to file a lawsuit when the victim of malpractice is under the age of 12. Finally, there is a statute of repose that sets an absolute deadline at ten years from the date of the medical error.
Talk to a Member of Our Team About Your Child’s Diagnosis
If you have questions about the cause of your child’s cerebral palsy and wonder if medical negligence played a role, the Birth Injury Lawyers Group may be able to help. A member of our team can speak with you today for free to discuss the circumstances surrounding your child’s brain injury, birth, and diagnosis.
To get help today, call (800) 222-9529 now.