A cerebral palsy diagnosis can be life-changing, bringing both emotional and financial challenges for families. While some cases of cerebral palsy are unavoidable, others result from preventable medical mistakes during pregnancy, labor, delivery, or shortly after birth. If you suspect that medical negligence played a role in your child’s condition, you deserve answers – and justice.
At Hampton & King, we understand the profound impact cerebral palsy can have on families. Our experienced Houston birth injury attorneys are committed to holding negligent medical professionals accountable and securing the compensation you need to provide the best possible care for your child. Call us today at (713) 658-0231 or fill out our simple online contact form to schedule your free consultation.
Chances are, you’ve been told your child’s cerebral palsy has “no known cause” and there was no way to prevent it… That could be true. But many cases of CP are preventable. The cause could be a doctor’s negligent action or inaction—in other words, a case of cerebral palsy malpractice.
What is Cerebral Palsy Malpractice?
Cerebral palsy is a neurological disorder that affects movement, muscle tone, and motor skills. It often results from brain damage before, during, or shortly after birth.
Cerebral palsy malpractice occurs when medical professionals fail to properly diagnose, treat, or prevent conditions that cause cerebral palsy.
For example, doctors could make errors during childbirth that result in brain injury, and the injury leads to cerebral palsy.
What Medical Mistakes Can Cause Cerebral Palsy?
- Mismanaging labor and delivery.
- Failing to monitor and address fetal distress.
- Applying too much force on a baby’s head with forceps.
- Failing to diagnose conditions that could lead to cerebral palsy, such as maternal infections.
- Delaying treatment for conditions that could lead to cerebral palsy.
- Not performing a C-section when it’s needed.
- Failing to detect and address problems with the umbilical cord or placenta.
In many cases of cerebral palsy malpractice, the condition develops because the baby lacks oxygen at some point during the birthing process. This lack of oxygen is also known as birth asphyxia or hypoxic-ischemic encephalopathy (HIE) as defined by the National Institutes of Health (NIH). Various factors can cause problems with a baby’s oxygen supply, including:
- A compressed umbilical cord
- An umbilical cord knot on the baby’s neck
- A maternal infection that affects blood flow from the mother to the baby
- Problems with the placenta, such as
- Aspiration of meconium (first stool) while in the womb
- Issues with the baby’s airway
When medical professionals fail to address complications right away, it can lead to oxygen deprivation and subsequent brain damage, resulting in cerebral palsy.
Our Hypoxic Ischemic Encephalopathy (HIE) lawyers in Houston can help by investigating whether medical negligence contributed to the oxygen deprivation, holding responsible parties accountable, and pursuing compensation to cover medical care, therapy, and long-term support for your child’s needs.
Symptoms of Cerebral Palsy
Cerebral palsy (CP) is a neurological condition that primarily affects movement, muscle tone, and posture. The symptoms can vary widely based on the type of CP, the severity of the condition, and the specific areas of the brain that are affected.
Motor Skill and Movement Challenges
Movement issues are among the most prominent symptoms of CP in the National Library of Medicine and may include:
- Muscle Tone Abnormalities: Stiff (hypertonic) or floppy (hypotonic) muscles.
- Delayed Developmental Milestones: Difficulty achieving key motor skills, such as sitting up, crawling, or walking.
- Spasticity: Muscle stiffness that limits movement, often accompanied by jerky reflexes.
- Tremors or Involuntary Movements: Uncontrolled movements that can interfere with daily tasks.
- Coordination Issues (Ataxia): Difficulty with balance and precision in physical activities.
Postural and Mobility Problems
CP often affects posture and mobility, leading to challenges like:
- Abnormal Gait: Walking on toes, dragging one leg, or using an uneven stride.
- Trouble Maintaining Posture: Difficulty sitting or standing upright without support.
- Favoring One Side of the Body: Preferring one hand or dragging one side when crawling or walking.
Oral and Feeding Difficulties
Impaired muscle control can cause significant challenges with oral functions, such as:
- Speech Delays or Impairments: Difficulty controlling facial and tongue muscles for clear speech.
- Feeding Issues: Struggles with swallowing (dysphagia) or chewing, leading to poor nutrition or choking risks.
- Excessive Drooling: Caused by limited control of facial muscles.
Neurological and Sensory Symptoms
CP can also involve neurological symptoms and sensory impairments, such as:
- Seizures: Many individuals with CP experience epilepsy.
- Developmental Delays: Challenges in learning, communication, or problem-solving.
- Vision or Hearing Problems: Impaired sight, hearing, or sensory processing.
The Impact of Cerebral Palsy on Families
Cerebral palsy (CP) is more than a medical diagnosis – it’s a condition that reshapes the lives of not only the child but their entire family. While every family’s experience is unique, many face significant emotional, financial, and logistical challenges
Emotional Challenges
Caring for a child with cerebral palsy often brings intense emotions, including:
- Grief and Adjustment: Parents may grieve the loss of a “typical” childhood for their child and adjust to a new reality.
- Stress and Anxiety: Managing a complex medical condition can be overwhelming, particularly when balancing care with other responsibilities.
- Depression: Feelings of isolation or helplessness are common among caregivers.
- Sibling Impact: Siblings may feel neglected or develop guilt, worry, or resentment due to the additional attention required for the child with CP.
Financial Strain
The costs associated with CP care can be staggering, including:
- Medical Expenses: Ongoing therapies, surgeries, medications, and assistive devices.
- Home Modifications: Renovations to accommodate mobility aids, such as ramps, widened doorways, or specialized bathrooms.
- Lost Income: Parents often reduce work hours or leave their jobs to provide care, leading to decreased household income.
- Educational Costs: Private schooling, tutors, or special education programs may be necessary.
Daily Care and Logistical Burden
Providing for a child with CP often requires managing multiple responsibilities:
- Time Commitment: Daily therapy sessions, doctor’s appointments, and care routines take significant time and energy.
- Coordination of Services: Navigating medical, educational, and social services can feel like a full-time job.
- Physical Care Needs: Some children require assistance with feeding, dressing, and mobility, adding physical demands to caregiving.
How do Cerebral Palsy Claims Work?
Identifying the specific cause of cerebral palsy and determining whether it resulted from medical malpractice is no easy feat. It requires a thorough review of medical records, expert testimony, and legal analysis.
It’s a long, difficult road to travel, but the end goal of a cerebral palsy claim can make the journey worth it. Families affected by cerebral palsy malpractice can seek compensation that covers the costs of medical care, therapy, assistive devices, and more. Also, taking legal action can help hold negligent providers accountable and prevent them from making the same mistakes again.
How to File a Cerebral Palsy Claim in Houston
The first step to filing a claim is to schedule a consultation with an experienced medical malpractice attorney. They should specialize in cerebral palsy cases.
This is important because these cerebral palsy claims require a certain degree of medical knowledge. They also benefit from access to expert physicians who can give testimony to support your case. A firm that casts its net over too wide a variety of cases may not have the expertise and resources needed to win a cerebral palsy malpractice case.
If the attorney determines you have grounds for a claim, you can establish an attorney-client relationship. Many firms file malpractice claims on a contingency fee basis. That means you don’t owe your attorney anything unless you win.
The process for filing cerebral palsy claims usually follows these general steps:
- Investigating medical records and consulting medical experts to gather evidence for your claim.
- Evaluating the damages incurred (medical expenses, rehab, therapy, loss of earning capacity, etc.)
- Negotiating with your medical provider’s insurance representatives and agreeing on a fair settlement.
- If you can’t reach a settlement agreement, your attorney will plead your case in court.
Do I Have a Valid Cerebral Palsy Malpractice Claim?
To sue for malpractice, you have to prove the following:
- You (or your child) had a doctor-patient relationship.
- The doctor’s actions didn’t meet the standard of care (they didn’t act the way any competent doctor should act in your specific situation).
- The doctor’s negligence caused the child’s injury and subsequent cerebral palsy diagnosis.
Also, you can’t file a claim if too much time has passed since your child was injured. Most states give you about two years to file a claim. This time limit is called the statute of limitations. After it passes, you won’t have the right to file a claim.
If your child was injured during birth and you suspect negligence was involved, don’t wait—give us a call. We’ve recovered millions of dollars in cerebral palsy claims for families like yours. Could yours be next? Schedule a free consultation with our attorneys to find out if you’re eligible to file a claim.
What Recoverable Damages Are Available For Victims?
Families affected by cerebral palsy caused by medical negligence may be entitled to the following damages:
- Economic Damages: Compensation for medical expenses, long-term care, therapy, specialized equipment, lost wages, and future earning capacity.
- Non-Economic Damages: Compensation for pain and suffering, emotional distress, and reduced quality of life.
- Punitive Damages: Awarded in cases of gross negligence to punish the responsible party and prevent future misconduct.
- Life Care Plan Costs: Coverage for ongoing medical care, home modifications, caregivers, and education over the child’s lifetime.
At Hampton & King, we work to secure the full compensation your family needs. Contact us at (713) 658-0231 or complete our online form for a free consultation today.
Cerebral Palsy Malpractice FAQs
What is the average settlement for cerebral palsy?
The average settlement amount for cerebral palsy malpractice cases is $1 million USD. But the amount can be much greater. It depends on the specifics of the case. For example, Hampton & King obtained $3 million for a child who was diagnosed with cerebral palsy after the mother suffered a uterus rupture during labor.
Is cerebral palsy considered a permanent disability?
Yes, cerebral palsy is considered a permanent disability. It’s a neurological disorder that affects movement, muscle tone, and posture. Damage to a baby’s developing brain, sometimes before birth, is its main cause. Brain damage is permanent, and so is cerebral palsy. Treatment and therapy can improve a person’s symptoms and quality of life. But right now, there’s no cure for cerebral palsy.
Can cerebral palsy be caused by malpractice?
Yes. Medical errors or negligence can lead to brain damage, which can cause cerebral palsy. For example, improper monitoring during birth can result in a lack of oxygen to the brain. Delayed C-sections in cases of fetal distress can also cause oxygen deprivation.
Doctors might injure a baby’s head by misusing forceps or vacuum tools during delivery. Inadequate treatment of maternal infections like meningitis or encephalitis can also cause brain damage in the baby. All these errors can lead to the development of cerebral palsy.
What is the financial burden of cerebral palsy?
One study from 2003 found that caring for a child with cerebral palsy costs about $1 million dollars over a lifetime. That’s around $1.6 million in 2024, adjusted for inflation. Treatment for cerebral palsy is costly because it can involve many types of therapy, medications, and equipment. The cost is greater if the child has severe cerebral palsy and can’t walk.