Cerebral palsy is a neurological condition caused by damage to the developing brain during pregnancy, childbirth, or shortly after birth. This damage impacts muscle control, coordination, and motor skills. Because the brain injury occurs during early development, cerebral palsy cannot develop later in life. It is not a degenerative or progressive condition, meaning the brain injury itself does not worsen over time.
A cerebral palsy diagnosis can bring emotional pain and financial strain, especially when it results from a preventable birth injury. At Hampton & King, we believe no family should bear the burden of medical negligence alone. Our team of experienced birth injury attorneys is here to provide you with legal support and fight for the compensation your child needs for a lifetime of care.
Time is of the essence. The longer you wait, the harder it can be to gather evidence and file a claim within the statute of limitations. Let us investigate the circumstances of your child’s birth, work with medical experts, and build a strong case to secure justice and resources for your family. Our Houston cerebral palsy lawyers also assist families dealing with CP cases across Texas, ensuring they receive skilled legal representation no matter where they are.
Call Hampton & King today at (713) 658-0231 or fill out our quick online form to schedule a free consultation. We’re dedicated to helping families like yours get the answers and financial relief they deserve. You focus on your child – we’ll focus on the fight.
Why Cerebral Palsy Cannot Develop Later in Life
Cerebral palsy is rooted in events that occur during the early stages of brain development, such as:
- Lack of oxygen to the baby’s brain during delivery according to the World Health Organization (WHO) definition of Birth Asphyxia.
- Trauma to the infant’s brain during delivery.
- Infections or complications during pregnancy.
- Premature birth or low birth weight.
Once the brain has fully developed, the types of injuries or damage that lead to cerebral palsy no longer occur in the same way. Although other neurological conditions may arise in adulthood due to injury, stroke, or illness, these are not considered cerebral palsy.
When Cerebral Palsy Symptoms Become Noticeable
While cerebral palsy is present from infancy, its symptoms may not be noticeable until later in a child’s development. For example:
- Delays in reaching developmental milestones (like crawling or walking).
- Abnormal muscle tone (either stiff or floppy muscles).
- Difficulty with balance, coordination, or motor skills.
As the child grows, these symptoms may become more pronounced, especially as they face physical demands, like running or fine motor tasks, that require more coordination. This can sometimes give the impression that cerebral palsy has “developed” later, but it was always present.
Challenges for Adults with Cerebral Palsy
Although cerebral palsy does not develop later in life, individuals who have it may encounter new challenges as they age. Some common issues include:
- Joint Pain and Arthritis: Wear and tear on joints due to altered movement patterns can lead to pain and stiffness.
- Mobility Challenges: As muscles and joints age, some people may experience increased difficulty with mobility.
- Fatigue: The extra effort required for movement and daily activities can result in fatigue over time.
- Secondary Conditions: Adults with cerebral palsy are at higher risk for conditions such as osteoporosis, scoliosis, or cardiovascular issues.
These changes are a result of aging and physical strain, not a progression of the cerebral palsy itself.
How do I Know if My Child’s Cerebral Palsy Was Caused by Medical Negligence?
Medical negligence, as defined by the National Library of Medicine (NLM), may be a factor if a healthcare provider fails to meet the standard of care, resulting in harm. Examples include:
- Failing to recognize and address signs of fetal distress.
- Delaying a necessary C-section.
- Improper use of delivery tools.
- Failing to treat infections in the mother or baby.
A Pasadena birth injury attorney experienced in cerebral palsy cases can review medical records and consult with experts to determine if negligence occurred.
What to do if You Believe Medical Negligence Caused Cerebral Palsy
If you suspect that medical negligence led to your child’s cerebral palsy, take the following steps:
Request Medical Records
Obtain all medical records related to your pregnancy, labor, and delivery. These records can provide critical insights into the care you received and whether any errors or omissions occurred.
Document Everything
Keep a detailed record of your child’s medical history, including their diagnosis, treatments, and expenses. Include any out-of-pocket costs, as well as notes on the emotional and physical impact on your family. A well-documented history can strengthen your case and help your attorney build a compelling argument.
Consult an Attorney
Contact an experienced cerebral palsy attorney as soon as possible to evaluate your case. A qualified attorney will review your records, gather additional evidence, and consult medical experts to determine if negligence occurred. They can also guide you on the best course of action for pursuing compensation.
Act Quickly
Each state has a statute of limitations for filing medical malpractice claims. In Texas, this is generally three years from the date of the injury, but exceptions may apply in cases involving minors or delayed discovery. Acting promptly ensures you don’t lose your right to seek justice. Early action also allows your attorney more time to gather evidence and build a strong case.
How Long Does a Cerebral Palsy Lawsuit Take?
The duration of a cerebral palsy lawsuit can vary significantly depending on the specifics of the case. Several factors influence the timeline, including the complexity of the medical evidence, the availability of expert witnesses, and whether the case is resolved through settlement negotiations or proceeds to trial.
Factors That Affect the Timeline
Several key factors can influence how long your lawsuit takes:
- Complexity of the Case: Cases involving clear evidence of medical negligence may resolve faster, while disputes over liability or causation can lead to delays.
- Expert Testimony: Securing expert witnesses, such as medical professionals, to support your claim is crucial but may require time due to their schedules.
- Defendant’s Cooperation: The willingness of the defendant to negotiate or settle affects the overall timeline.
- Court Backlogs: In some jurisdictions, courts face scheduling backlogs, causing delays in trial dates.
What to Expect from Your Attorney
An experienced attorney will work diligently to move your case forward while also ensuring that no details are overlooked. While some delays are beyond anyone’s control, your attorney will:
- Keep you informed at every stage of the process.
- Work to secure a fair settlement quickly when possible.
- Advocate aggressively if your case goes to trial.
Every case is unique, and timelines can vary based on specific circumstances. Your attorney will provide a tailored estimate based on the details of your case and potential challenges that may arise.
Get Legal Help Today
If your child has been diagnosed with cerebral palsy due to potential medical negligence, you don’t have to face the future alone. At Hampton & King, our Houston medical malpractice legal team understands the profound emotional and financial impact that a birth injury can have on your family. From costly medical treatments to long-term care and adaptive equipment, the expenses can feel overwhelming. That’s where we step in.
Our experienced team has handled cerebral palsy lawsuits for years and is committed to holding negligent medical professionals accountable. We’ll carefully investigate your case, consult with leading medical experts, and pursue the compensation your child needs to thrive. Whether through a settlement or trial, we will fight tirelessly to secure a result that reflects your child’s lifelong needs.
Time is critical – statutes of limitations apply to medical malpractice cases. Don’t wait to seek the help you need. Call Hampton & King at (713) 658-0231 or complete our easy online form today. Your consultation is completely free, and you won’t pay any fees unless we win your case. Let us help you secure the justice and resources your family deserves.