How Do I Know if My Child’s Cerebral Palsy Was Caused by Medical Malpractice?

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disabled child sitting in a wheelchair
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
November 1, 2023

Cerebral palsy is a motor function disability that most commonly affects children and will stay with them for the remainder of their life. There are a number of different classifications of cerebral palsy, but they generally affect the way a person is able to move, balance, get around, and occasionally communicate. 

The Centers for Disease Control and Prevention reports that motor disability affects roughly 1 in 345 children, and is more common for those born prematurely. Unfortunately, the disability can also be the direct result of a birthing injury caused by the recklessness of your healthcare professional. Without the help of a knowledgeable attorney, it can be nearly impossible to understand if your child’s cerebral palsy is a direct result of negligence or not. If you have a feeling that something went wrong, it is best you reach out to a dedicated representative from Davis & Davis today. 

How to Tell if Your Child’s Cerebral Palsy Was Caused by Medical Malpractice

Cerebral palsy may not be immediately identifiable in your newborn, and the first signs of motor impairment may not reveal themselves until the age of one. Tremors, lack of coordination, and stiff muscles are all considered early warning signs. If you believe your child’s diagnosis is a result of a breach of the expected care to be provided by your healthcare professional, your attorney can help determine whether or not this is the case. 

By conducting an immediate investigation into the circumstances surrounding their birth, they can help deduce whether or not your child’s cerebral palsy is a result of:

  • Failure to adequately monitor the fetus or mother
  • Birth infection
  • Employee acting outside of their scope
  • Improper medication
  • Anesthesia error
  • Improper delivery technique or incorrect forceps usage
  • Failure to perform a cesarean section

Your healthcare professional owes you a standard of care that, when broken, can cause lifelong side effects. 

What Damages Are You Entitled to After the Birth Injury?

Cerebral palsy is a lifelong disability that affects every person’s motor and function skills differently. Some children may grow up needing permanent assistance, which comes with associated costs. Some examples of costs associated with cerebral palsy include: 

  • Mobility devices, such as wheelchairs
  • Medical devices
  • Medication
  • Occupational therapy
  • Home modifications

Everyone’s expenses and experiences will look different. When you file a claim with the at-fault party’s insurance, you are doing so to recover compensation for your birth injury. 

In Texas, medical malpractice claims allow you to recover both economic and non-economic damages, which cover your tangible losses as well as your emotional suffering. Texas currently has a cap on non-economic damages for medical malpractice cases. If it involves healthcare professionals or a single institution, the damage cap is $250,000. If it involves multiple healthcare institutions, the cap is up to $500,000. 

Consult a Medical Malpractice Attorney Today

While you concentrate on giving your newborn the attention they need, the team at Davis & Davis will put their combined 70 years of experience together to begin working on your case. We will begin by collecting any pertinent or time-sensitive information and filing a claim within the two-year statute of limitations. From there, we will act as your guide through the process, handling all negotiations and scheduling with the insurance company to get you a settlement worthy of your child’s birth injury. 

Don’t settle for an unfair offer. Schedule a free consultation today to discuss your best legal options by calling our office at (888) 522-9444 or using our online contact form.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

November 1 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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