If your child recently received a cerebral palsy diagnosis in Round Rock or elsewhere near Austin, Texas, you may want to speak with a birth injury law firm about your case. In some cases, a Round Rock cerebral palsy lawyer may be able to gather evidence and prove your child’s brain injury and movement disorder were preventable.
If they can show your child sustained a birth injury as a result of medical negligence, you may be entitled to seek compensation. This compensation could include your child’s ongoing care costs as well as a number of other expenses related to their lifetime of cerebral palsy treatment and care.
Call the Birth Injury Lawyers Group today at (800) 222-9529. You can discuss your case with a member of our team for free now.
For a free legal consultation with Round Rock Cerebral Palsy lawyer, call 1-800-222-9529
Cerebral Palsy May Occur as a Result of a Preventable Birth Injury
According to Dell Children’s Medical Center of Central Texas in Austin, cerebral palsy affects approximately 2.1 of every 1,000 children. Cerebral palsy is a group of neurological disorders that may occur as a result of an injury to certain parts of the brain. This injury may occur because of a lack of oxygen, a problem during formation, or a physical injury. There is no cure for the condition that affects a child’s:
- Muscle control
These children also often have additional medical concerns, such as intellectual disabilities, loss of vision or hearing, epilepsy, speech and language concerns, and more.
Since there is no cure, children generally require ongoing care throughout their lifetimes, which may include:
- Other interventions
The goals of treatment include preventing further damage or impairment, keeping them comfortable, allowing them to participate with their peers, increasing independence, and offering a better quality of life.
A Round Rock cerebral palsy lawyer from the Birth Injury Lawyers Group may be able to help you understand what caused your child’s cerebral palsy and if it could have been prevented if the doctor had provided an acceptable duty of care. Call us today for help. We offer free case reviews.
Round Rock Cerebral Palsy Lawyer Near Me 1-800-222-9529
Texas Has Complex Medical Malpractice Laws That Apply in Round Rock Birth Injury Cases
Texas Civil Practice and Remedies Code Chapter 74 is the state’s medical liability law. It mandates the rules you must follow to build a case and seek compensation if you believe that your doctor’s negligence played a role in your child’s cerebral palsy or another birth injury. Under this law, you must:
- Serve notice to the doctor or facility in question (the defendant in your lawsuit) before you can take legal action.
- Have a qualified medical expert complete a sworn report that verifies they believe medical malpractice occurred and caused your child’s disorder.
- Submit your paperwork without listing the value of your expenses and losses.
This law also caps the amount of non-economic damages you may be able to recover in some cases. These are the damages for the pain and suffering and mental anguish your child endured and continues to endure because of their condition. There is no cap on economic damages under this law.
While Chapter 74 can be complicated and restrictive, attorneys who handle Round Rock medical malpractice cases regularly understand what it takes to build a case and recover a negotiated settlement or an award from the court. Call the Birth Injury Lawyers Group at (800) 222-9529 to learn more about how we may be able to help with your child’s case.
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Damages Recoverable If You Can Prove Your Child’s Cerebral Palsy Occurred Because of Medical Malpractice
When we prove our client’s birth injury occurred as a result of medical negligence, this may allow us to hold the doctor, hospital, or another medical care provider accountable. What this means to the child’s family is that they qualify to demand a payout from the doctor or facility. The value of this payout will depend on the out-of-court settlement negotiation we can reach or the court award from the jury.
If we successfully prove your child’s Round Rock birth injury medical malpractice case, the recoverable damages may include:
- Current and future medical treatment, therapy, and related expenses
- Ongoing care costs
- Mobility equipment and adaptive equipment costs
- Home renovations for accessibility
- Other related expenses and losses
- Pain and suffering and other non-economic damages
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Time Limits on Your Texas Cerebral Palsy Case
Under §74.251 of the medical liability law, there are time limits you must understand and follow to protect your right to take legal action. While there is generally a two-year time limit on filing a civil lawsuit in Round Rock, many children with cerebral palsy may not have obvious symptoms until late in their first year. Diagnoses often come between their first and second birthdays.
Thankfully, Texas law recognizes this. There is a statute allowing families to wait longer. If the victim is under the age of 12 at the time of their injury, then you must file the lawsuit before they reach age 14. However, there is also a statute of repose that applies. This statute prevents you from filing a lawsuit later than ten years after the injury occurred.
We understand these laws are complex. It may help to speak with an attorney who can explain the deadlines that apply in your case and ensure you meet them.
Speak to a Member of Our Team About Your Case Today
If your child has a cerebral palsy diagnosis, the condition may be the result of medical negligence. A Round Rock cerebral palsy lawyer may be able to collect evidence to support your claim and recover a payout on behalf of your family.
Reach out to the Birth Injury Lawyers Group to get help today. Call (800) 222-9529 to speak with a member of our team for free.