Legal•Info

Texas Cerebral Palsy Lawyer

Call (888) 471-5989 to speak with a personal injury attorney.

What Is Cerebral Palsy?

Cerebral Palsy (CP) refers to a group of neurological illnesses that affect very young children. This disorder affects an individual's movement and is the result of head trauma experienced before, during, or directly after birth. A child can be inflicted with this disorder in the first three years of life. While the disorder is permanent, and no cures have been discovered, it is typically not progressive. In other words, a child's symptoms never become increasingly worse over time. The symptoms of this disorder vary. Some children lack the ability to move entirely, while other experience rapid, uncontrollable, involuntary movements. Most suffer from a lack of depth perception and balance, and many experience a mix of all symptoms. Aside from coordination and muscle control problems, most children that are diagnosed with CP also experience seizures, visual problems, cognitive impairments, and other learning disabilities. Since the disorder varies by person, it is difficult to determine a single, solitary cause.

What Causes Cerebral Palsy?

Cerebral Palsy is the result of massive head trauma, usually before birth. Sometimes, there is a lack of sufficient prenatal care during pregnancy, and the developing fetus does not receive proper attention. When a complication arises, such as an infection or an unusual reaction to medications, the problems go unnoticed. Consequently, the fetus may experience atypical growth patterns or delayed development. Similarly, if the mother falls, consumes alcohol or drugs, or has other problems during her pregnancy, CP may be inevitable. Malnutrition is another factor contributing to CP. When a baby does not receive enough nutrients from the mother, development is delayed, causing irreversible consequences.

At times, hindrances arise during childbirth. Babies born prematurely, for example, have greater chances of problems down the road because they are more vulnerable to diseases and development delays. Unfortunately, medical malpractice can be a factor that causes CP in children. If a mother receives an incorrect dosage of medications, the wrong medications, or experiences problems that go undetected by the doctor during labor, he or she may be held liable for the child's medical problems in the future. However, it can be difficult to determine whether or not negligence played a role in a child born with CP. There are many components to consider before making legal claims.

Why Would I Need a Cerebral Palsy lawyer?

In the state of Texas, in order for a negligence claim to hold up in a civil lawsuit, the plaintiff must prove that a doctor's negligence directly led to the child's disorder. In other words, it is not enough to simply prove negligence on the doctor's part, but these actions must be directly related to the development of the disorder. Since many factors can contribute to CP, it can be difficult to find evidence for such a conviction. A birth injury attorney is the best resource to help you win the case. He or she is qualified to review your medical records and history, determine if you can make a feasible claim, and begin investigations.

How Can a Doctor Be Held Accountable for Medical Malpractice?
It is common medical practice to enforce implied consent regulations. In efforts to avoid written paperwork, a doctor is required to explain all procedures, exams, and possible consequences prior to conducting them. A patient's silence, body language, or signs of approval allow doctors to assume that the patient has consented without the need for written permission. However, if the doctor neglects to inform the patient of these processes, he or she has not allowed the patient an opportunity to object, and this is considered medical malpractice and is likely to appear as evidence in court.
Sometimes, pregnant women do not receive proper prenatal care. Either exams are conducted below hospital standards or medical advise is atypical of other professionals; the doctor in question may be held liable for such malpractice. Expert testimonials are required for this evidence to be substantial in court, as there is no other logical way to prove insufficient prenatal care. Medical records can also provide evidence of inadequate prenatal care, and it is best to request copies of these documents after all exams to be sure a paper trail is established.

Establishing medical malpractice lawsuits is a challenge, and birth injury attorneys are required for such risky pursuits. They ensure that your rights are upheld and compensation is granted, as you advocate for the rights of your child.