Cerebral Palsy Birth Injury Lawyer

Contact the Carlson Law Firm About Your Cerebral Palsy Birth Injury Case

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Serving Cerebral Palsy Birth Injury Victims

Cerebral palsy is a neurological condition that affects movement, muscle tone and coordination. While genetic or developmental factors can cause some cases, others may be linked to complications during pregnancy, labor or delivery.

When improper medical management, preventable oxygen deprivation or delayed intervention contributes to brain injury, a cerebral palsy birth injury lawyer can explain legal options under Texas medical malpractice law.

If your child has been diagnosed with cerebral palsy and you suspect the condition may be connected to events during childbirth, understanding how the diagnosis occurred and whether appropriate medical care was provided can be important.

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What Is Cerebral Palsy?

Cerebral palsy is a group of disorders affecting motor function and posture due to abnormal brain development or damage to the developing brain. The severity of the condition can vary, with some children experiencing mild coordination challenges while others require lifelong medical support.

The Centers for Disease Control and Prevention (CDC) estimates that cerebral palsy is among the most common motor disabilities in childhood. Cerebral palsy is not progressive, so the brain injury does not get worse over time, but the physical effects can change as a child grows.

Types of Cerebral Palsy

Cerebral palsy is generally classified by medical professionals into several categories:

  • Dyskinetic cerebral palsy, which involves involuntary movements
  • Mixed cerebral palsy, involving symptoms of more than one type
  • Spastic cerebral palsy, which involves muscle stiffness and exaggerated reflexes
  • Ataxic cerebral palsy, which affects balance and coordination
 

The type and severity of the cerebral palsy usually depends on the location and extent of the brain injury.

How Cerebral Palsy May Be Linked to Birth Complications

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Cerebral palsy may develop when a baby’s brain is deprived of oxygen or blood flow during delivery or pregnancy. Several conditions may contribute, including:

  • Untreated maternal infections
  • Umbilical cord compression
  • Improper use of forceps or vacuum extraction
  • Prolonged fetal distress
  • Placental complications
  • Delayed emergency cesarean section
 

Hypoxic-ischemic events, where oxygen and blood supply to the brain are reduced, are usually examined closely in cerebral palsy birth injury cases. Some cases occur despite appropriate medical care, but others result from negligence.

Determining whether medical malpractice occurred requires careful review of fetal monitoring records, delivery notes and neonatal care documentation.

Early Signs of Cerebral Palsy

Symptoms of cerebral palsy may not always be apparent at birth. Early indicators can include:

  • Stiff or floppy muscle tone
  • Persistent primitive reflexes
  • Delayed developmental milestones
  • Difficulty with coordination
  • Difficulty with feedings
 

Before confirming a diagnosis, pediatricians may conduct developmental assessment, neurological evaluations or imaging studies. Families with concerns about whether earlier intervention could have prevented brain injury can consult a cerebral palsy brain injury lawyer on the circumstances surrounding labor and delivery.

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Evaluating a Cerebral Palsy Birth Injury Claim in Texas

A cerebral palsy lawsuit in Texas is typically pursued as a case of medical malpractice. To establish liability, a claimant must generally demonstrate that:

  • The provider breached the accepted standard of care
  • The breach caused injury
  • Damages results
  • A healthcare provider owed a duty of care
 

Under Texas Civil Practice and Remedies Code 74.351, plaintiffs are required to serve an expert medical report early in the litigation process outlining the applicable standard of care and how it was allegedly violated.

These procedural requirements make early investigation and consultation with a cerebral palsy birth injury lawyer crucial. If you suspect cerebral palsy from medical negligence, schedule a free consultation with The Carlson Law Firm today.

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Statute of Limitations for Cerebral Palsy Claims in Texas

Most medical malpractice claims in Texas must be filed within two years of the alleged act of negligence. However, according to Code 74.251 of Texas law, claims involving minors may be subject to modified deadlines.

Determining the appropriate filing window can be complex in birth injury cases, so reviewing the timeline as soon as possible may help preserve legal options.

Potential Damages in Cerebral Palsy Cases

Children diagnosed with cerebral palsy may require long-term care, adaptive equipment and therapy. If medical negligence contributed to the cerebral palsy condition, compensation could include:

  • Non-economic damages subject to Texas statutory caps
  • Special education costs
  • Devices for assistance
  • Past and future medical expenses
  • Lost earning capacity
  • Home modifications
  • Physical and occupational therapy
 

Texas Civil Practice and Remedies Code 74.301 limits non-economic damages in a cerebral palsy malpractice claim. Each case depends on its specific facts and medical evidence, which can be evaluated by a cerebral palsy birth injury lawyer.

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Long-Term Care Considerations in a Cerebral Palsy Malpractice Claim

Some individuals are able to achieve significant independence with assistive support and therapy, while others may require ongoing assistance through adulthood. Children with cerebral palsy may require coordinated care involving:

  • Pediatric neurologists
  • Occupational therapists
  • Orthopedic specialists
  • Physical therapists
  • Speech therapists
 

Evaluating a legal claim may include projecting long-term medical and care expenses to determine appropriate compensation.

Cerebral Palsy Birth Injury FAQ

No. Cerebral palsy can result from many factors, including genetic conditions, prenatal infections or unavoidable complications. There is only a medical malpractice claim if a healthcare provider failed to meet the standard of care and that failure caused injury.

In some cases, signs are present shortly after delivery. However, many children are diagnosed months or even years later when developmental delays become apparent.

Fetal monitoring strips, delivery notes, medical records and expert medical opinions are often central to evaluating whether negligence occurred.

Texas generally provides a two-year statute of limitations for medical malpractice claims, with special provisions for minors according to Texas Civil Practice and Remedies Code 74.251.

Compensation may include medical expenses, therapy costs, long-term care needs and non-economic damages subject to Texas law.

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When Should Families Seek a Cerebral Palsy Birth Injury Lawyer?

There are several situations when a family may consider consulting a cerebral palsy birth injury lawyer, including if:

  • Delivery was significantly delayed
  • Instrument-assisted delivery resulted in trauma
  • There were signs of fetal distress during labor
  • Emergency intervention was not performed promptly
  • Post-delivery oxygen deprivation occurred
 

A legal review allows for examination of medical records to determine whether accepted standards of care were followed. This review does not assume wrongdoing. Contact The Carlson Law Firm and schedule a free consultation if you suspect medical negligence.

Speak With a Cerebral Palsy Birth Injury Lawyer

A cerebral palsy diagnosis can bring many questions about what occurred during pregnancy or delivery. If you believe preventable medical errors may have contributed to your child’s condition, reviewing the medical records could provide answers.

A cerebral palsy birth injury lawyer at The Carlson Law Firm can compassionately evaluate the circumstances surrounding your child’s diagnosis and discuss the legal options that may be available under Texas law.

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