When Can Medical Malpractice Cause Cerebral Palsy in Texas?
If your child was recently diagnosed with cerebral palsy in Texas, there’s a good chance their condition was caused by a negligent doctor. To hold responsible parties accountable, parents should learn how medical malpractice can cause cerebral palsy in Texas.
There are many ways that a doctor’s negligent actions can lead to cerebral palsy in your child. Failure to diagnose medical issues before birth and negligence during birth can both cause cerebral palsy. While cerebral palsy can be caused by medical malpractice, that is not always how it happens. Because babies can sustain cerebral palsy in other ways, it is important for Texas parents to consult an attorney if their child is diagnosed with cerebral palsy. An experienced lawyer can uncover evidence showing a Texas doctor’s negligence and help you hold them responsible for their malpractice.
Our attorneys are dedicated to helping parents throughout Texas get justice against negligent doctors. To learn more about the Arlington medical malpractice lawyers at The Queenan Law Firm, P.C., call today at (817) 476-1797.
How Can Medical Malpractice Cause Cerebral Palsy in Texas?
Cerebral palsy is a condition that negligent Texas doctors sometimes cause during a delivery. Suppose your child has been diagnosed with cerebral palsy, and you suspect medical malpractice was involved. In that case, it’s important to understand how Texas doctors commonly cause cerebral palsy so that you can reflect on your child’s birth and identify potential malpractice.
Children with cerebral palsy are often born with it, having sustained a brain injury while in utero or during birth. Brain injuries leading to cerebral palsy can be caused by Texas doctors during the birthing process, especially when medical malpractice is involved. The following are the most common ways that Texas doctors cause cerebral palsy in newborns:
- Improper use of forceps during birth
- Improper use of vacuum extractor during birth
- Failure to detect lack of oxygen in the baby
- Failure to perform a necessary cesarean section
- Failure to diagnose and treat infections in the baby/mother
- Failure to diagnose and treat jaundice in the baby
- Failure to diagnose and treat complications with the mother
A negligent doctor’s action or inaction can cause brain injuries in babies that lead to cerebral palsy. Failure to identify complications known to lead to cerebral palsy, such as lack of oxygen or stroke, and failure to treat such complications can constitute medical malpractice. If you think a negligent doctor caused a brain injury that led to cerebral palsy in your child, speak to a Houston medical malpractice lawyer. The birthing process is often emotional and chaotic for new parents, who may be unable to identify potential malpractice themselves. Our attorneys can help you recall what happened during labor and delivery and how a negligent doctor’s actions may have caused your child to develop cerebral palsy.
How Often Does Medical Malpractice Cause Cerebral Palsy in Texas?
Although cerebral palsy can be caused by medical malpractice, that is not only the case. Because of that, it’s important for Texas parents to understand the chances that their child’s cerebral palsy was caused by a negligent doctor and what can heighten the risk.
Cerebral palsy can occur from a brain injury sustained in utero, not due to medical malpractice at all. That said, many cerebral palsy cases in Texas can be traced back to a negligent doctor’s actions. The chance of medical malpractice causing cerebral palsy in newborns increases when Texas doctors employ certain tactics during birth.
For example, 5% of vacuum-assisted births result in brain injuries and other complications that cause conditions like cerebral palsy. The use of forceps can also increase the risk of cerebral palsy in Texas, as damage can be done to the baby’s head and brain.
Other risk factors that have little to do with medical malpractice include premature birth and maternal blood clotting. While Texas doctors should identify complications and risk factors that can lead to cerebral palsy during pregnancy, they are not always able to intercede. However, when doctors increase that risk because of inaction or action, that can cause cerebral palsy in your baby.
Remember, negligent doctors do not cause all cases of cerebral palsy in Texas. This can not only be confusing for parents, but can make it difficult to hold negligent Texas hospitals accountable. Because of that, it is important for parents to hire a Dallas birth injury lawyer. Your attorney and medical experts can examine a mother’s and baby’s medical records during pregnancy and birth to determine the likelihood that a child’s cerebral palsy was caused by a negligent doctor and would not have developed if not for medical malpractice.
Can You File a Texas Medical Malpractice Lawsuit for Cerebral Palsy?
If your child’s cerebral palsy was caused by medical malpractice, you can likely file a lawsuit against the Texas doctor or hospital responsible. That said, medical malpractice claims can be difficult, so it is important to have an experienced attorney by your side throughout the process.
In Texas, parents have just two years to file a medical malpractice claim against a negligent hospital for causing cerebral palsy in their child. Generally, parents can hold medical professionals and hospitals accountable for negligence in Texas.
If you choose to file a medical malpractice claim against a negligent doctor, you stand to recover substantial economic and non-economic damages. Parents can recover compensation for any medical expenses or accommodations that their child needs as a result of cerebral palsy, as well as compensation for emotional damages. There are caps for non-economic damages in Texas, so consult a Houston brain injury lawyer to learn how much your family can recover for a doctor’s negligence.
Suing for medical malpractice in cerebral palsy can be challenging in Texas. That’s because the statute of limitations to file a claim is generally two years, and cerebral palsy can take several years to show clear signs in children. There are exceptions to the statute of limitations for minor victims and delayed discovery, so parents should ask their attorney if any exceptions apply to their case.
Call Our Texas Lawyers to File a Medical Malpractice Claim Today
If medical malpractice caused your child’s cerebral palsy, our attorneys can help. To learn more about the Fort Worth medical malpractice lawyers at The Queenan Law Firm, P.C., call today at (817) 476-1797.