Cerebral Palsy Lawsuit
San Antonio Cerebral Palsy Lawyers
Parents aren’t always told when something goes wrong during the birth of their child. They may not realize their child suffered an injury with lifetime consequences. Out of all birth injuries, cerebral palsy is among the most devastating.
Cerebral palsy often happens due to medical malpractice during the delivery process. It occurs in approximately 1 to 4 of every 1000 births according to the CDC. Cases range in severity, but any diagnosis means a significant impact on your child’s health and development for their entire life.
If medical mistakes cause your child’s cerebral palsy, the San Antonio cerebral palsy lawyers at Janicek Law can fight to secure compensation for your child and family’s pain, suffering, medical expenses, and more. Please call our birth injury lawyers today at (210) 366-4949 to file a cerebral palsy lawsuit.
What is Cerebral Palsy?
Cerebral palsy (CP) is characterized by non-progressive motor conditions. This means that the motor disabilities do not worsen after the initial traumatic brain injury. But newborns with cerebral palsy will suffer cognitive and physical disabilities throughout their entire lives.
Right now, there is no cure for cerebral palsy. But with extensive therapy, affected children may recover some abilities.
“Cerebral” describes the brain area affected by the disorder – the cerebrum – which is the largest part of the brain that controls motor movements. Palsy describes the erratic body movements of those with the condition. Those who have cerebral palsy have disabilities ranging in severity. While some only suffer minor impairments, others may require ongoing care and assistance.
Lifetime care and assistance comes with a hefty price that many families struggle to afford. According to 2005 CDC data, medical expenses for children who suffer from cerebral palsy were 10 times higher than medical expenses for children who don’t suffer from cerebral palsy.
It is essential for parents of children with CP to become familiar with their legal options, especially if medical negligence caused their child’s disability. Families of children who suffer injuries may be able to recover damages to pay for CP treatment.
Contact an experienced cerebral palsy lawyer immediately if you believe the negligence of a medical professional injured your child during labor and delivery. Janicek Laws’ skilled cerebral palsy lawyers have extensive experience in handling birth injury lawsuits. They will fight to get you full compensation for your child’s injuries.
Common Causes of Cerebral Palsy
A brain injury during pregnancy, labor, and delivery, or soon after birth most often causes CP. Many children suffer brain damage because of a medical practitioner’s negligence during childbirth. More rarely, the condition results from a congenital disability.
Many other factors may cause cerebral palsy, including:
- A delayed C-section or vaginal birth
- Stalled or extended labor
- Any kind of fetal distress, including oxygen deprivation
- Inappropriate use of vacuum or forceps during labor and delivery
- Prolapsed umbilical cord
- A brain bleed
- Abnormal fetal positioning during delivery
- Low birth weight
- The newborn aspirated meconium
- Uterine rupture
- Premature birth
- Placental abruption
- Bacterial meningitis
You must have a medical expert look over your child’s medical records to determine whether medical negligence caused CP.
Types of Cerebral Palsy
There are three types of cerebral palsy: spastic, athetoid, and ataxic.
This type accounts for approximately 80% of diagnoses. Patients suffering from spastic cerebral palsy have difficulty moving their bodies and gripping or releasing items. They also experience muscular stiffness in one or more muscle groups.
This type accounts for about 10% of all cases. Patients suffering from this type of CP typically move involuntarily and also have difficulty swallowing, slurred speech, low muscle tone, and an inability to maintain posture.
Ataxic cerebral palsy accounts for the remaining 10% of cases. Symptoms generally include tremors, a distorted sense of balance, depth perception problems, and difficulty coordinating muscle movements.
What is the Cerebral Palsy Life Expectancy?
People with a cerebral palsy diagnosis have an average life expectancy between 30 to 70 years. Those with more mobility, adaptive equipment, good medical care, and more independence and autonomy have the longest life expectancies.
Cerebral Palsy Lawsuit
A cerebral palsy lawsuit is closely related to a medical malpractice lawsuit in that the issue at hand is negligence by medical professionals and medical facilities.
If medical experts show that a physician or other medical worker’s negligence directly caused your child’s brain injuries and CP, you likely have a valid claim.
Contact an experienced cerebral palsy attorney to file a birth injury lawsuit, especially if you believe that medical mistakes caused your child’s condition.
What Is Medical Malpractice?
Medical malpractice occurs when a medical facility, physician, or other medical provider harms a patient through a negligent act.
In medical malpractice cases, a skilled attorney must prove that:
- The standard of care was violated
- Negligence caused the injury
- The child sustained significant harm because of the injury
Contact the cerebral palsy birth injury lawyers at Janicek Law for a free case evaluation. We will help you determine whether you have a strong case and seek compensation on your behalf.
Filing Cerebral Palsy Lawsuits
Once you establish an attorney-client relationship, your cerebral palsy attorneys will file your claim.
Your experienced birth injury attorney handles the paperwork and legal issues so you can focus on caring for your child. They’ll gather the mother and child’s medical records, imaging test results, photos, medical bills, and other documentation to build your child’s birth injury medical malpractice lawsuit.
Please note: You must file your cerebral palsy personal injury case in a timely manner per Texas’ statute of limitations.
What is the Statute of Limitations to File a Cerebral Palsy Claim in Texas?
For most personal injury or wrongful death cases in Texas, the statute of limitations is two years from the incident’s date to file a claim or lawsuit. But the deadline for minor victims is their 20th birthday.
However, all medical malpractice cases in Texas also have a 10-year statute of repose. This means an injured child has until the age of 10 to file a lawsuit against medical personnel or a hospital.
Cerebral Palsy and Other Birth Injury Lawsuits
Giving birth is something women have been doing since the dawn of time. However, some deliveries tragically result in an injured child. CP is one of the more severe birth injuries occurring from pregnancy complications or difficult labor and delivery. But newborns can suffer from a variety of other lifelong disabilities too, including brachial plexus injuries, shoulder dystocia, hypoxic ischemic encephalopathy (HIE), and so much more.
Almost half of all birth injuries are found to be potentially avoidable. Many parents of injured children have received compensation for all financial losses as well as pain and suffering through medical malpractice lawsuits.
How Much Compensation Can I Get for My Cerebral Palsy Claim?
Each case is unique, and compensation for cerebral palsy sufferers certainly varies.
Factors unique to your situation determine the amount you may be able to recover.
These factors include:
- The severity of your child’s symptoms, disabilities, and condition
- Future care and support needed for the child
- Current and future medical costs and expenses
- Lost wages if you must stay home to care for your child
- Educational intervention costs
- Reduced independence of the child
- Pain and suffering
Your child’s treatment and therapy for their condition can be costly. Speak with a San Antonio cerebral palsy lawyer at Janicek Law and get started on your case.
The financial damages received from birth injury cases can cover your child’s medications, assistive devices and mobility aids, costs of special education, transportation equipment, surgery, and occupational, physical, and speech therapies.
File Your Cerebral Palsy Lawsuit Today
Families experience significant financial, emotional, and physical stress through managing a child’s cerebral palsy treatment. They can file lawsuits to recoup monetary compensation to help pay medical costs.
All medical professionals receive extensive training in order to safely deliver infants and avoid devastating complications like cerebral palsy and other brain injuries. But mistakes still happen. Taking legal action holds healthcare practitioners liable for their medical negligence.
Speak With a San Antonio Cerebral Palsy Attorney
It’s devastating to see your child suffer with a preventable medical condition or injury. In many cases, children diagnosed with CP experience abnormal brain development and mental and physical delays.
Their quality of life and health are significantly impacted by cerebral palsy. Different factors may cause CP, but many children experience this birth injury due to medical malpractice.
Please don’t wait. Once the Texas statute of limitations runs out, the law may prevent you from making future compensation claims. You must speak with an experienced and skilled San Antonio cerebral palsy attorney if you suspect medical negligence caused your baby’s birth injury. During your free consultation, they’ll go over the available legal avenues.
The legal team at Janicek Law understands that families of children with cerebral palsy face a lifetime of medical care and attention. Contact us today at (210) 366-4949 to get started on your cerebral palsy medical malpractice claim. If our team can help you, you won’t have to deal with out-of-pocket costs. We handle your case on a contingency basis, so you won’t owe us anything unless we get a settlement for you.