Austin Cerebral Palsy Attorney

When Cerebral Palsy May Be Linked To Medical Negligence

Understanding Cerebral Palsy & Everyday Impact

Cerebral palsy is a group of conditions that affect movement, muscle tone, and posture. Children with cerebral palsy may experience stiffness or looseness in their muscles, trouble with balance and coordination, or delays in reaching developmental milestones. The condition can range from relatively mild physical challenges to severe disabilities that affect almost every part of daily life.

Situations That Can Raise Questions About Care

Not every case of cerebral palsy is caused by medical errors. In some situations, factors that cannot be prevented may contribute to the condition. At the same time, there are patterns that can raise questions about whether care during pregnancy, labor, delivery, or the newborn period met accepted standards. These can include unaddressed signs of fetal distress, problems with fetal heart rate monitoring, delayed decisions to perform a cesarean delivery, unmanaged maternal infections, failure to respond to umbilical cord issues, or lack of timely treatment for jaundice or low oxygen after birth.

How We Investigate Possible Medical Negligence

In potential malpractice cases, the concern is often that a child’s brain did not receive enough oxygen, or that an infection or bleed was not recognized and addressed in time. Our attorneys work with qualified medical professionals to review prenatal records, labor and delivery notes, fetal monitoring strips, neonatal intensive care records, and imaging studies. We compare what happened to what reasonably careful providers in similar circumstances would have done under Texas medical standards. If the care fell below those standards and that failure contributed to the child’s cerebral palsy, a medical negligence claim may be appropriate.

Parents are not expected to know whether negligence occurred. Many families only know that the delivery was chaotic, that their child needed resuscitation, or that they were later told about bleeding in the brain or a period of oxygen deprivation. Our job is to take those concerns seriously, to investigate carefully, and to give you clear information about what the records and medical opinions show.

Steps To Take If You Suspect Medical Negligence In Your Child’s Cerebral Palsy

If you are starting to question whether something during pregnancy or delivery contributed to your child’s cerebral palsy, you may feel torn between searching for answers and not wanting to relive a difficult experience. Taking a few concrete steps can help protect your family’s options while you decide what to do next.

Helpful actions you can take now include:

• Requesting copies of prenatal care charts, hospital discharge summaries, operative reports, fetal monitoring strips, neonatal intensive care notes, and early imaging or neurology reports.
• Keeping reports from current therapists and specialists that describe your child’s diagnosis, progress, and functional needs.
• Writing down your memories about the timing of contractions, how long labor lasted, whether anyone mentioned fetal distress, how quickly the delivery team responded to emergencies, and what you were told when your child was born.
• Being cautious about signing broad releases or accepting settlement offers from hospitals or insurers before you speak with counsel.
• Speaking with a lawyer promptly so you can understand how Texas medical malpractice deadlines may apply to your situation.

If your child was born in or around Austin, you can request records from the hospital or clinic where you received care. Parents often carry vivid impressions of a delivery that did not feel right, and those impressions can help guide a more formal review. Texas law sets specific deadlines for filing medical malpractice claims, and those deadlines can be shorter for claims involving health care providers than for other types of cases. The exact timing can depend on several factors, including when the injury occurred and how old the child is.

In a free consultation, we can review the information you have, explain how a cerebral palsy attorney reviews potential malpractice claims, and discuss realistic options. There is no obligation to move forward, and for many parents, simply understanding whether negligence was involved brings a measure of clarity.

Frequently Asked Questions

How do I know if medical negligence caused my child’s cerebral palsy?

The only reliable way to know whether medical negligence contributed to your child’s cerebral palsy is through a careful review of the medical records and appropriate medical opinions. Parents usually notice events such as an emergency delivery, a baby who needed resuscitation, or a stay in the neonatal intensive care unit, but they do not have access to all of the clinical details. Our attorneys obtain and examine pregnancy, labor, delivery, and newborn records, then work with qualified medical professionals to evaluate whether accepted standards of care were followed. If the records and medical reviews indicate that providers failed to act as reasonably careful professionals would have and that this failure contributed to brain injury, we may recommend pursuing a malpractice claim. If the care appears to have met standards, we explain that as well so you have a clearer understanding.

How long do cerebral palsy lawsuits usually take in Texas?

The length of a cerebral palsy lawsuit can vary significantly, depending on factors such as the complexity of the medical issues, the number of defendants, how quickly records and expert reviews can be completed, and the approach taken by insurers and defense counsel. Some cases resolve through settlement after a thorough investigation and negotiations, which can still take many months. Other cases proceed through formal filing, discovery, depositions, and pretrial motions, which can extend the timeline to several years. Courts handling medical malpractice cases in and around Austin have scheduling procedures that also influence timing. During our initial discussions, we can explain the typical phases of a Texas medical malpractice case, give you a general sense of possible timelines based on our experience, and update you on timing expectations as your case progresses.

Will I have to go to court if we pursue a cerebral palsy claim?

Many medical malpractice cases, including some involving cerebral palsy, are resolved through settlement before trial. That said, we prepare every case as if it may go to court, because strong preparation often leads to better settlement discussions and positions us to proceed to trial if necessary. Whether you personally need to appear in court or give testimony depends on how the case develops. Parents are often asked to provide depositions, which are sworn statements given outside of court, and in some cases to testify at trial. Our attorneys guide you through each step, explain what to expect, and help you prepare. Our role is to carry as much of the legal burden as possible so you can continue focusing on your child.

What kinds of compensation might be available in a cerebral palsy case?

If a medical provider’s negligence caused or contributed to your child’s cerebral palsy, Texas law allows injured patients and their families to seek several categories of damages. These can include the cost of past and future medical care, therapies, medications, and adaptive equipment. Families may also pursue compensation for home modifications, specialized transportation, and in some situations, the cost of attendant or respite care. Claims can address lost income if a parent had to reduce work to care for the child, and damages for physical pain and mental anguish may also be available. The specific types and amounts of compensation depend on the facts of each case, including the severity of the child’s condition and the projected cost of lifetime care. When we evaluate a claim, we work to understand your child’s needs fully so we can seek appropriate damages under Texas law.

Talk With Our Cerebral Palsy Lawyers About Your Child’s Story

Deciding whether to pursue a legal claim after a cerebral palsy diagnosis is deeply personal. A conversation with our team can help you understand what happened during your child’s birth, what the medical records show, and what options you may have under Texas law. There is no obligation to move forward, and our goal in an initial consultation is to give you clear information so you can make the best decision for your family.

At Howry Breen & Herman, LLP, we bring nearly 25 years of trial experience in Austin and across Texas to every serious case we handle. Our attorneys have obtained landmark verdicts in catastrophic injury and wrongful death matters, and we apply that trial focused approach to cerebral palsy related malpractice claims. We work on a contingency fee basis, so you do not pay legal fees unless we obtain a recovery. Whether your child was born here in Austin or elsewhere in the state, we are prepared to listen, review, and advise.

To discuss your child’s story with a cerebral palsy lawyer and learn about your legal options, call (512) 430-4844 or contact us online today.