Is Your Child’s Cerebral Palsy the Result of Medical Malpractice?
If your child was born with cerebral palsy that you have questions as to whether their condition was caused by medical errors of your obstetrician, nurses or at the hospital, contact the experienced Cerebral Palsy Lawyers at Miller Weisbrod Olesky. We will help you find answers.
Having a child is supposed to be one of the most exciting moments for parents and their families. However, the birth process is very complex, and babies are extremely delicate. When healthcare professionals make medical errors or fail to act appropriately during an expectant mother’s pregnancy, labor, and delivery or even during the newborn period, it can result in a devastating brain injury including cerebral palsy (CP).
The incidence of birth injuries that cause cerebral palsy in Texas is relatively high. Each year, approximately 378,000 babies are born in Texas, and 2,646 of those babies suffer birth injuries, according to the Centers for Disease Control and Prevention (CDC). As can be seen from birth injury statistics, these situations happen far too often and cause great suffering and pain to birth-injured children and their families.
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Our cerebral palsy attorneys understand that you may be concerned about how you will provide your child with the best care they need now and in the future as a result of their cerebral palsy. Miller Weisbrod Olesky has a long history of birth injury and cerebral palsy results that have helped hundreds of families provide the care and services necessary not only to treat their child’s cerebral palsy, but help maximize their quality of life.
Recent Birth Injury Settlement:
Cerebral Palsy Birth Injury settlement against a Houston area hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event which caused cerebral palsy. Our dedicated cerebral palsy birth injury lawyers recovered $9,200,000 for the family to help with future medical expenses and developmental therapy.
Miller Weisbrod Olesky Stands Out
The majority of cerebral palsy law firms will employ one or two nurses to assist with the review of cases, medical research, and other aspects of their practice. The good news is that Miller Weisbrod Olesky has an unmatched number of in-house nurses and nurse-attorneys that provide dedicated support to children with cerebral palsy and their families throughout Houston.
While Miller Weisbrod Olesky's cerebral palsy attorneys in Houston aggressively prepare each legal case, another department goes into action to IMMEDIATELY provide help the families of children we represent. Led by a nurse-attorney, this department acts as a medical case manager for our birth injury clients by:
- Regularly monitoring the child’s medical treatment status,
- Helping facilitate medical treatment and therapy, and
- Arranging transportation and services
Our team of registered nurses and nurse-attorneys are skilled in providing a level of personal and medical insight to each case we handle on behalf of our clients with cerebral palsy. Our nursing team includes both an experienced labor and delivery nurse as well as an ICU nurse. With the help of the rest of our team, they investigate the reasons behind a birth injury that caused cerebral palsy as well as how medical professionals breached their duty of care when treating this child.
What is Cerebral Palsy?
Cerebral palsy is the term used to describe a group of disorders and symptoms typically caused by a brain injury that occurs before, during, or after childbirth. According to a study published by the National Library of Medicine, cerebral palsy is one of the most common motor disabilities in childhood, affecting approximately 3 to 4 per 1000 children in the United States.
Cerebral Palsy affects a child's coordination, muscle, tone, posture, and intellectual abilities. Depending on the severity and location of the damage, symptoms can range from mild to severe. Some children struggle with motor functions, while others struggle with eating and talking. Obtaining an early diagnosis is crucial to early intervention and treatment that could minimize damage to a baby's brain and make a significant difference in a child's future quality of life.
The National Institute of Neurological Disorders and Stroke defines cerebral palsy as a group of neurological disorders caused by damage to the developing brain before birth or in infancy. Commands that travel from the brain to the muscles via nerves tell our muscles to tense and increase in tone or relax and decrease in tone. These commands between the brain and muscles must be well coordinated for our muscles to function correctly. Cerebral Palsy arises from damage to the cerebral motor cortex, which is the part of the brain responsible for controlling motor behaviors and plays a role in motor learning, memory, and controlling balance and posture.
Damage to the motor cortex caused by a birth injury during labor and delivery or even shortly after birth makes it difficult for a child to control their movements and causes tremors in the arms or legs and muscle weakness or stiffness.
While cerebral palsy is a non-progressive disorder, it cannot be reversed and will often permanently affect muscle tone and posture. The motor impairments children with CP experience can range from mild to severe and impactful. Some children may experience significant limitations in independent mobility, while others only have mild coordination difficulties. Children with cerebral palsy may have learning problems, vision and hearing impairment, and seizures.
What Are Signs & Symptoms of Cerebral Palsy?
Symptoms and effects of cerebral palsy vary widely, depending on which parts of the child’s brain after affected. In severe cases, signs and symptoms of cerebral palsy may be noticeable at birth, however, most parents typically don’t notice symptoms of cerebral palsy until toddler-hood. If you think your child might have CP or have concerns about them not meeting developmental milestones, you should consult your doctor or other healthcare professional who can evaluate your child’s symptoms and perform necessary tests or screenings to diagnose their condition.
While there is no single test that confirms a diagnosis of cerebral palsy, certain signs and symptoms present in infancy or early childhood can point to CP. Because there are different types of cerebral palsy, signs, and symptoms can vary significantly, typically range from mild to severe, and may be more pronounced on one side of the body or both sides.
If there were problems during delivery or symptoms of brain damage, a doctor is responsible for responding immediately with appropriate intervention and therapies. Although Cerebral Palsy isn't a progressive disorder, some symptoms may increase and change over time.
Signs and Symptoms of Cerebral Palsy in children include:
Movement and Coordination
- Muscle stiffness and exaggerated reflexes (spasticity)
- Decreased (hypotonia) or increased muscle tone (hypertonia)
- Poor muscle control in the arms and legs (ataxia)
- Slow writhing or jerky movements of the hands, feet, arms, or legs
- Unusual posture or using one side of the body more than the other
- Trouble walking, walking on their toes, or crouching down when they walk
- Poor fine motor skills, such as trouble with buttoning clothes or picking up small objects
Speech and Eating
- Impaired movement of muscles in the tongue, lips, and vocal cords
- Communication problems and speech delays
- Swallowing difficulties or excessive drooling
- Trouble sucking, biting, drinking, or chewing food
Developmental Delays
- Movement/Physical Development: Slow in learning how to sit, crawl, walk, or roll over. Children with CP tend to grow more slowly than expected.
- Cognitive: Trouble adapting to the environment, functioning in daily life, solving problems, and using skills like learning letters or counting.
- Social/Emotional: Difficulty communicating and interacting with others. Trouble understanding certain social cues or dealing with change.
- Language/Communication: Speech delays, difficulty sharing their thoughts and expressing their needs, reduced vocabulary, and trouble understanding complex sentences.
Other Symptoms
- Children with CP are prone to seizures, which are a symptom of epilepsy.
- Hearing loss and vision problems
- Experiencing pain or having trouble feeling simple sensations like touch
- Constipation issues that lead to urinary and fecal incontinence
- Mental health issues, like anxiety and depression
- Emotional problems and behavior issues, such as hyperactivity or being prone to conflict
While it is not always possible to pinpoint what caused the brain damage that resulted in your child developing cerebral palsy, several known risk factors increase the likelihood of a child having the type of brain injury that could lead to CP. It is vital for parents to know the risk factors associated with cerebral palsy so they can take preventative measures during pregnancy and prepare for a healthy birth.
For example, babies that are born prematurely have a greater risk of developing cerebral palsy and needing special care in the NICU. The term "preterm birth" refers to the birth of a baby before 37 weeks of pregnancy has been completed. It may take years for symptoms of long-term conditions linked to premature birth, such as cerebral palsy, to manifest. The lowest birth weights are typically found among preterm infants born to mothers in Harris County and Fort Bend. The percentage of babies born weighing less than 5 pounds, 8 ounces in Harris County, Ford Bend, and Montgomery was 8.72% in 2020. The rate of preterm births in Houston increased from 11.2% in 2019 to 11.9% in 2020.
Birth complications, birth asphyxia, and birth trauma are the leading causes of death for children under 5. The number of children who die before the age of 18 is approximately 49 per 100,000 in Texas. The highest child mortality rate in Houston is found in Harris County (51.4 per 100,000) and the lowest in Fort Bend (31.6 per 100,000). Although infant mortality rates have declined in the state, they have remained unchanged in Harris County. During the first trimester (1-3 months), it is common for pregnant women to receive pregnancy-related care. Regular checkups with a doctor or nurse, blood tests, physical exams, and screening tests are all part of this care.
By providing prenatal care, a doctor can identify potential health issues that could increase the risk of a child developing cerebral palsy early on and prevent others, such as gestational diabetes, preeclampsia, premature birth, placenta previa, and birth defects. Harris County has yet to see an improvement in early prenatal care rates since 2016. According to Harris County statistics, one out of 20 pregnant women didn't receive prenatal care in 2020.
How is Cerebral Palsy Diagnosed?
Although cerebral palsy is typically not diagnosed until a few months to a year after birth, a medical provider will monitor the child's development during a well-child office visit if CP is suspected. During a wellness visit, the doctor will ask if you have any concerns about your child's development and evaluate how your child moves during an exam. Developmental monitoring is crucial for children who are at an increased risk for developmental problems due to low birth weight or premature birth.
If any concerns about your child's development are raised during monitoring, a short developmental screening is given to see if the child has motor or movement delays. Some of these screening tests involve interviews or questionnaires completed by the child's parents and other tests given to the child by the doctor. At 9 months, movement issues become more apparent, and most children are diagnosed by around 2 years of age. Your doctor will make referrals for developmental and medical evaluation and early intervention or child services if the screening test results are concerning.
Developmental and medical evaluations are used to diagnose the specific type of disorder affecting your child and rule out other disorders that could cause similar problems. During this evaluation, your doctor will carefully examine your child's reflexes, posture, motor skills, and muscle tone. Your doctor will also review your child's medical history and conduct additional tests to look for the underlying cause of your child's CP.
Specialists like developmental pediatricians, child neurologists, pediatric physiatrists, or pediatric rehabilitation doctors might suggest brain imaging tests, such as an x-ray computer tomography (CT scan), magnetic resonance imaging cranial ultrasound (MRI), electromyography (EMG), electroencephalogram (EEG), metabolic testing, or a combination of these tests. Your child will also likely be referred to specialists who will look at their vision, hearing, speech, and intellectual development.
For treatment to be completely effective, treating all aspects of your child's unique Cerebral Palsy diagnosis is crucial. A pediatrician and other medical specialists will identify specific issues and oversee your child's treatment plan. Treatment options for CP often include a combination of various medications, therapy, and surgery. Unfortunately, many families are not prepared for the cost of therapy and other expenses associated with their child's treatment.
If a doctor, hospital, or other healthcare provider's negligence caused your child to develop cerebral palsy, our cerebral palsy attorneys in Houston can help you pursue compensation to help pay for your child's current and future expenses associated with CP.
Types of Cerebral Palsy
Cerebral palsy is divided into four main types and classified by the body parts affected and the types and severity of motor abnormalities.
Spastic Cerebral Palsy
Spastic Cerebral Palsy is the most common form of CP, affecting approximately 75% to 85% of children with cerebral palsy.
Spasticity is a common symptom characterized by muscle stiffness in the arms, legs, and involuntary contractions. Muscles that are too spastic or tense may have trouble functioning properly. For example, children with spastic CP may also have difficulty walking, standing, and require a lot of effort to eat and drink.
Spastic Cerebral Palsy is classified into three sub-types, these include:
- Spastic Diplegia -This form of spastic CP affects the legs more than the arms and can cause difficulty walking. Babies born prematurely are at higher risk of spastic diplegia.
- Spastic Hemiplegia -This is a type of cerebral palsy that affects muscles on one side of the body. Children with this condition may experience tight muscles or have difficulty completely simple tasks, such as picking up objects.
- Spastic Quadriplegia – Children with this type of cerebral palsy may experience stiff muscles or walk on tiptoes because of increased muscle tone. A physician failing to properly diagnose and treat fetal distress often leads to spastic hemiplegic CP.
Ataxic Cerebral Palsy
Ataxic Cerebral Palsy is the least common form of cerebral palsy, affecting approximately 10% of children with Cerebral Palsy. Ataxic cerebral palsy results from damage to the part of the brain that controls balance and is responsible for fine-tuning movement commands for the body (the cerebellum). Children with ataxic CP may be clumsy, lack coordination, walk with their feet spread apart, and appear unbalanced or jerky.
Medical mistakes like failing to correctly identify and manage uterine rupture can put babies at risk for this type of Cerebral Palsy. Parents generally seek medical advice when a child shows developmental delays, like having trouble gripping things or displaying awkward movements.
Dyskinetic Cerebral Palsy
Also called Athetoid Cerebral Palsy, this type of cerebral palsy makes it difficult for children to move their muscles in a certain way. Dyskinetic CP is thought to be caused by an injury to an area of the brain called the basal ganglia.
The basal ganglia primarily regulates voluntary motor movements and emotional behaviors and plays a critical role in cognition. Dyskinetic movements can be twisting and repetitive (dystonia), slow (athetosis), and unpredictable (chorea). Although dyskinetic CP is the second most common sub-type, it only accounts for approximately 6% of all cerebral palsy cases.
Mixed Cerebral Palsy
Some children may exhibit symptoms of more than one type of cerebral palsy. Mixed CP occurs when a child has sustained a brain injury to the motor control centers in multiple parts of the brain during pregnancy, at the time of labor, or shortly after birth.
The types of brain damage someone with mixed CP may have include damage to the motor cortex, pyramidal tracts, cerebellum, and basal ganglia. Symptoms of mixed cerebral palsy may consist of a lack of coordination and issues with movement, balance, and posture. Of all cerebral palsy cases, mixed cerebral palsy accounts for 15.4%. The most common combination of mixed CP is spastic-dyskinetic.
Treatment Options for Children with Cerebral Palsy
While there is no cure for cerebral palsy, early treatment can help your child overcome developmental and learning disabilities and lead to significant improvements in your child's daily functioning.
Once diagnosed, parents should seek advice from their child's doctor and other Cerebral Palsy specialists (neurologists, behavioral, occupational, and physical therapists, etc.) to help determine how to best treat their child's condition. With regular medical visits, physical therapy, medication, supportive devices, and sometimes surgery, children diagnosed with cerebral palsy can still live long, healthy lives.
Cerebral Palsy Treatments & Therapies
The goal of therapies for cerebral palsy is to manage your child's physical impairments while optimizing mobility. The type of therapies your child's pediatrician and other CP specialists may recommend will vary depending on your child's unique needs, the type of cerebral palsy your child has been diagnosed with, and the extent of impairment.
Physical Therapy (PT)
Short-term goals for cerebral palsy treatment that your child's physical therapist will focus on include improving muscle flexibility and mobility, such as rolling, sitting, walking, or operating a wheelchair.
Long-term effectiveness of PT in CP involves enhancements in strength, independence, your child's overall quality of life, and minimizing physical limitations over extended periods.
Here's what to expect in physical therapy:
- The physical therapist will create a unique treatment plan for your child by evaluating movement problems.
- The physical therapist will focus on improving movement through a combination of exercises and muscle-relaxing techniques.
Flexibility exercises and massages can help improve a child's mobility, while strength training exercises can address issues with low muscle tone that causes weakness. Special exercises are also used to improve posture while sitting, kneeling, or standing and assist infants with transitional movements, such as rolling over.
A physical therapist can also provide guidance on safely caring for your child's everyday needs and continue muscle training and exercise at home between therapy visits.
Speech & Language Therapy
Cerebral palsy often impacts the part of the brain that controls speech. Children with CP who have trouble communicating can overcome motor impairments and improve their ability to speak clearly with the help of speech and language therapy.
A speech-language pathologist will perform an initial assessment of your child's physical and cognitive functioning during the first session. After the original assessment, the speech therapist will create a treatment plan consisting of exercises tailored to address your child's struggles with communication, eating, and swallowing. Your child's speech-language pathologist can also teach sign language and how to use communication devices, such as a computer and voice synthesizer, to help them better express their thoughts, feelings, and ideas.
Recreational Therapy
This type of therapy consists of activity-based interventions that can help improve your child's speech, physical functionality, and emotional well-being.
Recreational therapists will create inclusive ways for your child to overcome barriers that prevent them from doing what they love by having them participate in activities like playing basketball from a wheelchair, swimming, and using assistive aids to paint or sculpt with clay. Recreational activities can also enhance your child's ability to relate to others and provide a greater sense of self-worth.
Occupational Therapy (OT)
For children with cerebral palsy, occupational therapy can help them overcome various challenges and achieve as much independence as possible. An occupational therapist can teach your child how to perform self-care tasks like bathing, dressing, and personal grooming.
Your child's OT therapist will also teach your child how to use adaptive tools and mobility aids like crutches, walkers, and power scooters. After assessing your child's individual strengths and weaknesses, they will create an individualized activity program to enhance their functional abilities.
Medications
Children with CP are often prescribed various medications to alleviate pain, lessen muscle tightness, and control seizures. Muscle relaxant medications can help reduce spasms and treat pain associated with stiff muscles.
Anticholinergic medications like Benztropine Mesylate and Trihexyphenidyl hydrochloride (Kemadrin) can help ease symptoms of cerebral palsy by inhibiting the nerve impulses that cause involuntary muscle movements.
Many children with cerebral palsy develop some form of epilepsy; medications such as Barbiturates and Benzodiazepines can slow the activity of the brain and nervous system and prevent seizure activity. Co-occurring conditions like incontinence, acid reflex, behavioral disorders, and respiratory issues can also be treated with medications. Your child's doctor and members of their care team can prescribe medications tailored to meet your child's specific needs and help them find the best strategies to manage CP symptoms.
Surgical Procedures
Some children with cerebral palsy may benefit from surgical interventions to reduce high muscle tone, improve range of motion, and correct anatomical abnormalities. Orthopedic Surgery can lengthen muscles and/or reposition tendons in children with muscle tissue shortening, also known as contractures.
An orthopedic surgeon can also reposition bones or joints in the arms, spine, hips, or legs through an osteotomy. In severe cases of spastic CP, a surgeon may perform an arthrodesis to permanently fuse bones together and make it easier for a child to walk.
A Selective Dorsal Rhizotomy (SDR) is an aggressive procedure that may be done when other, more conservative treatment options like physical therapy or oral medications have failed to improve or alleviate pain when a child walks or moves. SDR surgery involves a surgeon locating and selectively cutting overactivated nerves in your child's lower spinal cord that are causing spasticity. The procedure can reduce pain and relax muscles in one or both of the lower extremities.
For children with spastic diplegia or hemiplegia, SDR can provide an immediate reduction of spasticity and reduce the risk of spinal deformities in later years. Every surgery carries its risks. However, doctors can help families determine if surgery is appropriate by weighing the possible risks and benefits.
Assistive Technology & Adaptive Equipment
Various types of devices can be used to help a child with cerebral palsy overcome many daily challenges they may face. Adaptive equipment like braces or orthosis, gait trainers, and medical strollers can help a child with CP achieve greater autonomy and maximize their functional abilities.
Assistive communication technology like hearing aids and cochlear implants, computers with adaptive programs, augmentative and assistive communication (AAC) devices, and special typing and writing devices can improve a child's ability to communicate, educational performance, and help them lead a more engaged social life.
While our cerebral palsy attorneys investigate the facts of your case, our team of registered nurses and nurse-attorneys can help you find the medical provider specializing in the treatment and therapy your child needs now. Additionally, our team will regularly monitor your child's medical treatment status, help facilitate treatment and therapy, and arrange transportation services.
We understand that children with birth injuries like cerebral palsy often require intense therapy, specialized treatment, and life-long assistive care. Let us help alleviate the stress of providing for the cost of your birth injured care by aggressively pursuing compensation your child and family deserve.
Filing a Cerebral Palsy Malpractice Lawsuit
The majority of birth injuries that result in cerebral palsy are caused by medical personnel such as obstetricians and labor and delivery nurses not treating expectant mothers' previous or current health conditions, failing to identify and respond to signs of fetal distress during labor, causing injury to the baby during delivery, or neglecting to provide proper treatment to the baby after birth.
The most common cause of cerebral palsy is hypoxic-ischemic encephalopathy or HIE. Doctors, nurses, and other medical professionals are responsible for preventing and treating dangerous pregnancy issues before, during, and after delivery. If they fail to provide the appropriate standard of care, they may be held liable for medical malpractice or negligence.
If your child's cerebral palsy occurred due to a preventable medical error, consult with our cerebral palsy lawyers in Houston, who will examine the facts of your case and file a cerebral palsy lawsuit against the hospital or medical professional responsible for your child's cerebral palsy diagnosis.
In addition to medical professionals such as doctors and nurses, here are some examples of other medical professionals who can be held responsible for causing a birth injury that resulted in cerebral palsy:
- Obstetricians (OB-GYN)
- Other obstetric professionals
- Pediatricians, including pediatric neurologists
- Anesthesiologists
- Labor and delivery nurses
- Midwives
- Nurses
- Hospitals and medical facilities
- Hospital administrators
- Other hospital staff
- Neonatal intensive care nurses and aids
- Neonatologists or pediatricians providing neonatal care
- Respiratory therapists
- Maternal-fetal medicine physicians and specialists (MFM)
- Laboratory staff
Vicarious liability may apply to hospitals for the negligent actions of their employees. Hospitals may be held vicariously liable for injuries or harm a patient suffers due to the negligent actions and omissions of a hospital employee acting within the scope of their employment.
It is also possible for a hospital to be held directly liable for its own negligence. For example, a hospital may be held directly liable if they fail to establish proper patient safety protocols or violate patient confidentiality by mishandling patient records.
For your cerebral palsy medical malpractice lawsuit to be successful, your cerebral palsy lawyer will need to gather evidence of medical malpractice/negligence by examining the medical records of the mother and infant, previous complaints filed against the negligent medical provider, and witness statements from healthcare professionals involved in the delivery of the child to prove the following four legal elements.
- Duty of Care: A doctor-patient relationship existed at the time you or your child suffered from the injury. Doctors and other healthcare providers are responsible for ensuring safe and effective care for you and your child once this relationship has been established.
- Breach of Duty: The doctor or other healthcare provider failed to provide the medical standard of care that another reasonable provider with similar training would have provided under the same/similar circumstances.
- Causation: Negligence on the part of the doctor or other healthcare provider was the direct cause of a birth injury that resulted in a baby developing cerebral palsy.
- Damages: The pregnant mother or her baby suffered financial losses and other damages (the cost of injury-related treatments, lost wages, and pain and suffering) due to the healthcare provider's breach of duty.
If your baby has cerebral palsy due to the above medical negligence requirements, you may be able to recover compensation for the cost of your child's treatment and other injury-related expenses you have incurred by taking legal action against the negligent doctor, hospital, or other healthcare provider. It is impossible to make up for the trauma you and your child have suffered, but compensation obtained through a successful medical malpractice lawsuit can make you and your family financially whole again.
Our Houston Cerebral Palsy Lawyers will evaluate and investigate your child’s potential CP lawsuit with no upfront legal fees whatsoever. We never charge a fee or expenses to any client unless and until we have made a successful money recovery for the family.
Claimable Damages in a Cerebral Palsy Lawsuit
Parents whose children have suffered a birth injury and been diagnosed with cerebral palsy that resulted from preventable medical errors may be eligible to pursue compensation for the following types of damages.
Economic Damages cover the tangible financial losses resulting from your child's birth injury that resulted in cerebral palsy. The following are examples of economic damages:
- Costs associated with medical treatment (including future treatment)
- Medication and surgery expenses
- Costs associated with rehabilitation and therapy (occupational therapy, physical therapy, and speech therapy)
- The loss of earnings or income of parents who must take time off work to care for their child affected by a birth injury that resulted in cerebral palsy (including future losses)
- Expenses associated with assistive devices such as wheelchairs and communication aids
- Lost future earning capacity (if the child's birth injury that caused cerebral palsy impacts their ability to work in the future)
- Tutoring and special education expenses
- Home or vehicle modification costs (i.e., ramps or accessible bathrooms)
- In-home care and nurses
Non-Economic Damages compensate victims affected by a birth injury that led to cerebral palsy for intangible losses that are not as easy to calculate as economic losses. These damages may include:
- Pain and suffering
- Reduced quality of life
- Disfigurement and permanent scarring
- Disability and physical impairment
- Mental anguish
- Paralysis, scarring, and disfigurement
- Post-traumatic stress disorder (PTSD)
- Loss of consortium
Punitive Damages may be awarded in addition to economic and non-economic damages in cases where a doctor, hospital, or other healthcare provider's actions were reckless or grossly negligent. These damages are designed to punish the at-fault party and serve as a warning to discourage others from committing similar acts in the future.
Several factors will affect the amount of your potential settlement award, including the severity of your child's injuries and the type of treatment your child requires. To determine how much your cerebral palsy claim is worth, the Houston cerebral palsy lawyers at Miller Weisbrod Olesky will consult with our vast network of financial and medical experts. Get in touch with one of our lawyers as soon as possible if you have questions about compensation so we can explain your legal options and create an action plan on your behalf.
No Time to Waste...Statute of Limitation Rules in a Cerebral Palsy Birth Injury Lawsuit
The statute of limitations for Cerebral Palsy cases in Houston limits the time frame during which an injured victim can initiate a medical malpractice lawsuit against a negligent healthcare provider or hospital.
According to Chapter 74 of the Civil Practices & Remedies Code for Texas; there are several deadlines for birth injury cases.
- For all damages other than medical expenses up until age 18, the statute of limitations requires that a lawsuit be filed by the time the child is 14 years old.
- To recover, the medical expenses of the child from birth until age 18, the case must be filed earlier—it must be filed within 2 years of the negligent acts (usually at or shortly after birth).
It is important to know if the statute for the medical expenses is missed, a birth injury lawsuit can still be filed in Houston for all non-economic damages and medical expenses and loss of earnings capacity for after age 18. Yes! This can be confusing so contact an experienced cerebral palsy birth injury attorney like those at Miller Weisbrod Olesky for a free consultation on you and your child’s rights.
If the statute of limitations runs out in your case, you may miss your chance to recover compensation for your child. The discovery rule is one such exception that allows an injured victim to bring a lawsuit against a negligent hospital or medical professional as soon as the injury is discovered or should have been reasonably discovered. It is also essential to keep in mind that the statute of limitations varies by state and the type of claim being filed.
Our Cerebral Palsy Lawyers in Houston Can Help You Get Justice
At Miller Weisbrod Olesky, our team of nationally recognized cerebral palsy lawyers, registered nurses, and nurse-attorneys have extensive experience investigating the reasons behind a child's birth injury that resulted in cerebral palsy and determining how medical professionals or hospitals breached their standard of care. We understand that children with birth injuries like cerebral palsy will require long-term specialized care, treatment, medical equipment, and intense therapy.
Thankfully, cerebral palsy financial support recovered through a medical malpractice lawsuit can help alleviate the stress of providing for your child's injury-related expenses and accommodations. Our CP lawyers in Houston are dedicated to seeking justice and have successfully recovered multi-million dollar settlements and verdicts for medical malpractice clients in more than 20 states. To learn more about your rights and steps for filing a cerebral palsy lawsuit, contact us to schedule your free, no-obligation consultation by calling our toll-free line at 888.987.0005 or by filling out our convenient online form.
Cerebral Palsy Support Groups in Houston
Support groups can be extremely beneficial if your child and family’s life has been affected by a preventable birth injury. While some support groups are intended for children who suffer from certain birth injuries, others are designed to help the families of patients. Finding a support group if your child has suffered from a birth injury that resulted in cerebral palsy can help heal the stress and anxiety your child and family may be experiencing and help you move forward.
The Center for Postpartum Family Health (CPFH) is a counseling center in Houston specializing in maternal mental health and families with new babies. CPFH offers family therapy, evaluations, and free support groups for new parents and their children recovering from birth trauma.
Greater Houston Counseling Services, PLLC, also offers families who have experienced or are dealing with the aftermath of birth trauma support, such as therapy or counseling, to help them process their trauma and navigate a path to recovery. Professional support can be incredibly helpful and provide families with a space where they are comfortable sharing their experiences and can feel heard and understood.
In Texas, there are several support groups and services for birth-injured children and their families. Some of these include:
- The Texas Department of Intellectual or Developmental Disabilities (IDD)
- The Texas Council for Developmental Disabilities
- The Autism Society of Texas
- Texas Department of State and Health Services
- Easterseals Greater Houston
- Navigate Life Texas
- Parent Companion Guide
- Disability Rights Texas
- Cerebral Palsy Awareness Transition Hope
Helpful cerebral palsy organizations and support groups in Houston and across Texas can give parents and caregivers of children with CP a sense of encouragement and better prepare them for their family’s future. There are many ways to get involved in the cerebral palsy community, and with many great resources, you can find the support you and your family need.