Discovering that your child has suffered a birth injury or been diagnosed with cerebral palsy (CP) can be overwhelming. In some cases, these injuries may result from medical negligence, and Texas law provides avenues for families to seek compensation to cover medical expenses, therapies, and long-term care. Understanding your rights and options is critical.
Understanding Birth Injuries and Cerebral Palsy
Birth injuries refer to physical harm a baby may suffer during pregnancy, labor, or delivery. Common types include:
- Brachial plexus injuries – nerve damage in the shoulder, arm, or hand
- Fractures – broken bones during delivery
- Hypoxic-ischemic encephalopathy (HIE) – brain injury caused by oxygen deprivation
- Cerebral palsy (CP) – a group of disorders affecting movement, posture, and muscle coordination, often resulting from brain damage before, during, or shortly after birth
Not all birth injuries are caused by medical negligence. However, when errors occur during labor or delivery, families may have grounds for a medical malpractice claim.
Common Causes of Birth Injuries
Medical mistakes that may lead to birth injuries or CP include:
- Mismanagement of labor or delivery
- Failure to monitor fetal distress
- Delayed or improper use of forceps or vacuum extraction
- Misadministration of medications or anesthesia
- Failure to perform an emergency C-section when needed
Identifying whether negligence played a role is essential for pursuing a claim.
Legal Considerations in Texas
Texas law allows families to pursue compensation for injuries caused by medical negligence. Key points include:
1. Statute of Limitations
- General Rule: Parents must file a medical malpractice lawsuit within two years of the alleged injury.
- Discovery Rule: If the injury is not immediately known, the clock starts when the injury is discovered, but typically no more than 10 years after the act that caused the injury.
2. Damages Available
Families may be entitled to compensation for:
- Medical and hospital expenses
- Ongoing care, therapy, and special education
- Pain and suffering
- Loss of enjoyment of life
- Loss of income or parental time spent caring for the child
3. Expert Testimony
Medical malpractice claims, especially involving CP, require expert medical testimony to show that the standard of care was breached and that it caused the injury.
Steps Parents Should Take
- Seek Medical Evaluation – Obtain thorough documentation of the child’s condition, diagnoses, and treatments.
- Preserve Records – Collect all prenatal, delivery, and postnatal medical records.
- Consult a Texas Birth Injury Attorney – Early consultation helps assess liability and guide legal strategy.
- Avoid Discussing the Case Publicly – Limit social media posts and casual conversations about the medical team or hospital.
- Consider a Second Medical Opinion – Helps establish the extent of the injury and potential long-term care needs.
At Mokolo Law Firm, we understand the physical, emotional, and financial challenges of raising a child with a birth injury or cerebral palsy. Our team can:
- Review medical records and identify potential negligence
- Connect families with medical and financial experts
- Handle communications with insurance companies and healthcare providers
- File and pursue medical malpractice claims in Texas courts
- Fight for compensation to cover present and future care needs
We advocate for your child’s well-being and ensure your legal rights are protected.
Final Thoughts on Birth Injuries and Cerebral Palsy Claims in Texas: What Parents Should Know
A birth injury or cerebral palsy diagnosis can change a family’s life in an instant. While nothing can undo the harm, Texas law allows parents to pursue compensation for medical negligence, helping provide the care and support your child needs.
If your child suffered a birth injury or cerebral palsy potentially caused by medical negligence, contactThe Law Offices of Udo Ezeamama. We will guide you through the legal process, fight for your child’s rights, and help secure resources to support their future.