Cerebral palsy is the most common motor disability in childhood, according to the Centers for Disease Control and Prevention. When the condition results from oxygen deprivation, brain injury, or another preventable occurrence during labor and delivery, families in Texas may have legal grounds to pursue a medical malpractice claim. Identifying what went wrong, and who is responsible, requires a thorough investigation by attorneys who handle only these types of cases.
At Davis & Davis, our birth injury lawyers in Houston have devoted nearly 70 years of combined experience to holding negligent medical providers accountable. We are trial-tested with more than 300 jury trials behind us, and we take every cerebral palsy case on a no-upfront-fee basis. You pay nothing unless we recover compensation for your family. If you believe your child’s diagnosis was the result of a medical error during pregnancy, labor, or delivery, we are ready to review what happened.
What Causes Cerebral Palsy?
Cerebral palsy is caused by abnormal brain development or damage to the developing brain, affecting a person’s ability to control their muscles. This damage can occur before, during, or shortly after birth. Not every diagnosis is the result of negligence, but when medical errors occur at any stage of the birth process, they can directly cause the type of brain damage that leads to cerebral palsy.
Factors that can cause or contribute to cerebral palsy include:
- Oxygen deprivation during labor or delivery, including birth asphyxia and hypoxic-ischemic encephalopathy (HIE)
- Failure to monitor fetal heart rate and respond to signs of fetal distress
- Delayed emergency C-section when medically indicated
- Improper use of forceps or vacuum extractors during delivery
- Undetected or untreated maternal infections such as Group B streptococcus or chorioamnionitis
- Mismanagement of high-risk conditions including preeclampsia and intrauterine growth restriction
- Premature birth, low birth weight, and fetal stroke
Premature babies carry a higher risk of developing cerebral palsy, as do infants who experience severe jaundice. The relationship between medical errors and the condition is not always straightforward, but when negligence is present, the consequences for the child and family are lifelong.
How Medical Malpractice Can Lead to Cerebral Palsy
Cerebral palsy is a group of disorders affecting body movement, muscle tone, and posture. It manifests differently in each individual, with symptoms ranging from mild coordination difficulties to profound physical and cognitive challenges. Some children may need lifelong full-time care; others may live relatively independently with the right support and therapies.
Oxygen Deprivation and HIE
The most well-established link between medical negligence and cerebral palsy runs through oxygen deprivation. When a baby’s brain is deprived of oxygen during labor or delivery, even briefly, the resulting condition is known as hypoxic-ischemic encephalopathy (HIE). HIE is one of the leading causes of cerebral palsy in full-term infants and is frequently the product of preventable medical errors, including failure to respond to fetal distress, delayed emergency C-section, or mismanaged delivery complications, such as umbilical cord entanglement or placental abruption.
Failure to Monitor Fetal Conditions
Medical providers have a duty to continuously monitor fetal heart rate during labor and to respond promptly when warning signs appear. When providers fail to recognize or act on abnormal fetal heart rate patterns, meconium in the amniotic fluid, or other distress indicators, the resulting oxygen deprivation can cause the kind of brain damage that leads to cerebral palsy. This failure to monitor is one of the most common and most preventable causes of birth-related brain injury.
Improper Use of Delivery Instruments
Forceps and vacuum extractors must be used with precision and only when clinically appropriate. When these tools are applied with excessive force, positioned incorrectly, or used instead of a timely C-section, they can cause direct trauma to the baby’s skull, trigger brain hemorrhage, and damage developing neurological structures in ways that result in cerebral palsy.
Maternal and Fetal Infections
Undetected or untreated maternal infections, including Group B streptococcus, chorioamnionitis, and urinary tract infections, are recognized risk factors for cerebral palsy. When providers fail to screen for, diagnose, or treat these infections during prenatal care or labor, the resulting inflammatory response can interfere with blood flow to the fetal brain and cause neurological damage. Failure to address these infections in a timely way may constitute a compensable occurrence of negligence under Texas law.
Postnatal Care Failures
After birth, the quality of newborn care continues to matter. Failure to promptly diagnose and treat conditions such as severe jaundice, neonatal infections, or respiratory complications can result in further neurological damage. Kernicterus, the brain damage caused by untreated severe jaundice, is one example of a postnatal condition that can cause or worsen cerebral palsy when providers fail to intervene.
How Our Cerebral Palsy Lawyers in Houston Can Help
Cerebral palsy cases involving medical malpractice are among the most legally and medically complex claims in Texas. They require attorneys who can review labor and delivery records in depth, work with qualified obstetric and neonatal medical consultants, and build a clear causal chain from the provider’s failure to your child’s diagnosis. At Davis & Davis, this is all we do.
Our Houston cerebral palsy attorneys conduct a thorough investigation, gather all relevant medical records including fetal heart monitoring strips and delivery room notes, and consult with independent medical professionals to identify precisely where the standard of care failed. We then work with life care planners, pediatric specialists, and economists to project your child’s complete lifetime needs so no future expense goes unaccounted for in the claim. Davis & Davis’s trial-tested legal team has handled more than 300 jury trials and knows how to pursue maximum recovery, whether through negotiation or at trial.
Types of Cerebral Palsy
Cerebral palsy is not a single diagnosis. It encompasses several distinct forms that affect movement and development in different ways, and understanding your child’s specific type helps guide both medical care and the legal claim.
Spastic cerebral palsy is the most common form, affecting roughly 80 percent of those diagnosed according to the CDC. It causes significant muscle stiffness and difficulty with controlled movement. Dyskinetic cerebral palsy produces involuntary and uncontrolled movements in the arms, legs, and face. Ataxic cerebral palsy primarily affects balance and coordination, making steady walking and precise movements difficult. Some children have mixed cerebral palsy, presenting symptoms from more than one type. The more severe forms, including quadriplegic cerebral palsy affecting all four limbs, often require full-time medical supervision and lifelong specialized support.
What Are the Signs and Symptoms of Cerebral Palsy?
The signs and symptoms of cerebral palsy often vary depending on the severity of the condition and the specific type. Common early indicators include delayed developmental milestones such as not rolling over by 6 months, not sitting by 8 months, not crawling by 12 months, or not walking by 18 months. Parents may also notice abnormal muscle tone, muscles either too stiff or too floppy, difficulty holding objects, or unusual movements such as trembling or jerking.
Other signs include poor coordination, exaggerated reflexes, a preference for one side of the body, and difficulties with feeding or swallowing. Severe cases may also involve seizures, intellectual disabilities, or vision and hearing impairments. Early diagnosis and intervention are critical, as physical therapy, occupational therapy, speech therapy, and medical treatments can meaningfully improve quality of life and functional ability.
Is a Cerebral Palsy Lawsuit Worth It?
If your child developed cerebral palsy due to a preventable medical error during pregnancy, labor, or delivery, pursuing a claim may help secure compensation for the substantial financial and emotional weight your family carries. Costs related to medical treatments, therapy, adaptive equipment, home modifications, and long-term care can add up quickly. A successful claim may recover these expenses, as well as provide compensation for pain and suffering and the emotional toll on your family.
Beyond compensation, holding negligent providers accountable can help prevent similar errors from affecting other families. At Davis & Davis, we are committed to helping families navigate this process. If you are uncertain whether pursuing a claim is the right step, we can evaluate the facts of your case and answer your questions at no cost to you.
The Diagnostic Process for Cerebral Palsy
Diagnosing cerebral palsy involves a comprehensive process beginning with developmental monitoring and screenings, followed by detailed medical evaluations of the child’s history, particularly any complications during pregnancy and delivery that may have caused oxygen deprivation. Physicians conduct physical examinations focusing on muscle tone, reflexes, and coordination, while neuroimaging tests such as MRIs can reveal brain abnormalities, and EEGs detect seizure activity common in cerebral palsy.
The diagnostic timeline varies significantly. Severe cases may be identified shortly after birth, while milder forms might not be diagnosed until ages two to five when subtle motor difficulties become more apparent. At Davis & Davis, we understand that delayed or missed diagnoses can also constitute medical malpractice when providers fail to recognize warning signs or order appropriate tests. Our attorneys work with medical professionals to determine whether diagnostic standards were met and hold providers accountable when their negligence delays a child’s access to early intervention.
Financial Planning for Families Affected by Cerebral Palsy
Families caring for a child with cerebral palsy face extraordinary financial challenges that extend throughout the child’s lifetime. Immediate expenses include consultations with multiple specialists, weekly therapy sessions, adaptive equipment, home modifications, and accessible transportation. Many families also contend with reduced income when parents must limit work hours to manage their child’s care needs, while educational expenses for adapted programs add additional financial pressure.
At Davis & Davis, our attorneys ensure compensation addresses not just current expenses but long-term financial realities. We work with financial planners, life care professionals, and economists to develop comprehensive projections of lifetime costs and can help guide families on establishing special needs trusts to preserve eligibility for government benefits. By addressing these complex financial considerations, we give families the security to focus on their child’s well-being.
Contact Davis & Davis to Discuss Your Houston Cerebral Palsy Case
Birth injuries resulting in cerebral palsy carry lifelong consequences. When those injuries stem from an occurrence of negligence during labor or delivery, medical providers should be held accountable. Texas law also requires that families provide written notice to the healthcare provider at least 60 days before filing a medical malpractice lawsuit, which means early action is essential to protecting your legal rights.
If your child was diagnosed with cerebral palsy following a difficult birth in Houston or anywhere in Texas, Davis & Davis is ready to review your case. Our team brings nearly 70 years of combined experience, more than 300 jury trials, and a no-upfront-fee commitment to every family we represent. Use our contact form to get started with a free case evaluation.
Frequently Asked Questions About Cerebral Palsy
What should I do if my child was diagnosed with cerebral palsy after a difficult birth in Houston?
If your child received a cerebral palsy diagnosis following birth complications in Houston, take immediate action to protect their health and your legal rights. First, ensure your child receives comprehensive medical evaluation from pediatric neurologists and developmental physicians, and enroll them in early intervention services immediately. Physical therapy, occupational therapy, and speech therapy, started early, can significantly improve developmental outcomes and help your child reach their maximum potential. Request and preserve all medical records from prenatal care, labor and delivery, and neonatal treatment, including fetal heart monitoring strips showing your baby’s heart rate during labor, delivery room notes, and any resuscitation records. These medical records are critical evidence in cerebral palsy cases. Avoid discussing the birth or diagnosis with hospital risk management, patient relations, or insurance representatives without legal counsel present. Contact our firm immediately for a free case evaluation. Our Houston cerebral palsy lawyers work on medical malpractice cases.
What are the signs and symptoms of cerebral palsy that parents should watch for?
Recognizing cerebral palsy signs early is critical for securing timely intervention and protecting legal rights. Common early indicators include delayed developmental milestones such as not rolling over by 6 months, not sitting independently by 8 months, not crawling by 12 months, or not walking by 18 months. Parents may notice abnormal muscle tone, muscles either too stiff and rigid or too floppy and loose, affecting the baby’s ability to hold their head up, grasp objects, or maintain proper posture. Infants with cerebral palsy often show a preference for using one body side, such as consistently reaching with only one hand or dragging one leg while crawling. Movement symptoms include tremors, involuntary jerking movements, or significant difficulty with coordination and balance. Feeding difficulties are common, including problems with sucking, swallowing, or excessive drooling, persisting beyond typical developmental stages. Some children exhibit exaggerated or diminished reflexes. If you notice these symptoms following a difficult Houston birth, seek immediate medical evaluation and contact Davis & Davis.
How do I prove that medical malpractice caused my child's cerebral palsy?
Proving medical malpractice caused your child’s cerebral palsy requires establishing four critical legal elements under Texas law. First, we demonstrate healthcare providers owed a duty of care to you and your baby during pregnancy, labor, and delivery. Second, we prove they breached the duty by failing to meet the accepted standard of medical care. Common breaches include failure to properly monitor fetal heart rate patterns during labor, delayed or inadequate response to clear signs of fetal distress on monitoring strips, improper use of forceps or vacuum extractors during delivery, failure to perform timely emergency cesarean section when medically indicated, and inadequate treatment of maternal infections or pregnancy complications. Third, we establish causation, proving this specific breach directly caused your child’s oxygen deprivation, brain damage, and resulting cerebral palsy. Finally, we demonstrate damages by documenting your child’s injuries and costs of past and future medical care. We gather comprehensive evidence including electronic fetal monitoring strips, delivery room notes, and resuscitation records.
Does it cost anything upfront to hire a Houston cerebral palsy lawyer?
No. Houston families pay nothing upfront to hire our firm for cerebral palsy cases caused by medical negligence. We handle all cerebral palsy birth injury claims on a no-upfront-fee basis, meaning you pay no attorney fees unless we successfully recover compensation through settlement or trial verdict. Our fees come only as a percentage of your final recovery. If we do not win, you owe nothing. We personally advance all case costs throughout the legal process, including expenses that can exceed $100,000 in complex cases. These include obtaining comprehensive medical records, hiring board-certified medical professionals to testify about standard of care breaches, securing life care planners who project your child’s lifetime medical needs, retaining economists to calculate lost earning capacity, and covering court filing fees. You are not responsible for paying these expenses unless we secure compensation for your family.
How long do I have to file a cerebral palsy lawsuit in Texas?
Texas law imposes strict filing deadlines for cerebral palsy lawsuits arising from birth injuries. The standard statute of limitations for medical malpractice claims is two years from the date of negligent occurrence or when discovered. However, cerebral palsy cases involving minors have unique provisions under Texas Civil Practice and Remedies Code Section 74.251(a), children under 12 have until their 14th birthday to file claims. Despite this extension, waiting creates severe consequences. If you wait beyond your child’s second birthday, you permanently lose the right to recover “parental damages,” compensation for medical care, therapy, equipment, and expenses between birth and age 18. These parental damages often represent millions in medical expenses, therapy costs, and lost wages. Additionally, critical evidence deteriorates, medical staff relocate or retire, hospital records may be destroyed, and witnesses’ memories fade, making it progressively harder to prove what happened during your child’s birth. Contact our firm immediately upon receiving a cerebral palsy diagnosis.
