Austin Cerebral Palsy Attorneys

Cerebral Palsy Symptoms

Because most symptoms are related to motor functions, cerebral palsy may not be immediately detectable. In many cases, the nature and severity of the injury will only become apparent as the infant struggles to reach movement milestones throughout their first year. The precise symptoms a patient will exhibit will depend on the area of the brain that is damaged as well as the extent of the injury. 

When a baby is less than six months old, signs of cerebral palsy include:

• Stiffness in the body
• Floppiness of limbs
• Lagging of the head when picked up
• Crossing or “scissoring” of limbs when picked up
• Overextension of the back or neck when cradled

When a baby is at least six months old, signs of cerebral palsy include:

• An inability to roll over in either direction
• An inability to clasp their hands together
• An inability to bring their hands to their mouth
• A tendency to only reach out with a single hand while keeping the other fisted

When a baby is at least ten months old, red flags to look out for include:

• Lopsided crawling
• An inability to crawl (often replaced by “scooting”)

You should not wait to get medical advice if you think there is a chance your child may have a movement disorder of any kind. Diagnosing the condition is the first step to getting justice if the cerebral palsy was caused by negligence. Once you have established your child has cerebral palsy and you have reason to believe the condition was avoidable, get in touch with our team at National Trial Law, who can assess your case and review your legal options.

What Is Hypoxic-Ischemic Encephalopathy?

Hypoxic-ischemic encephalopathy is a global injury to the brain that may occur during labor that can result in cerebral palsy. “Hypoxia” refers to a deprivation of adequate oxygen supply. Ischemia is a deprivation of blood flow. When a restriction of blood flow depriving a baby’s brain of oxygen results in a global injury, the injury may be called hypoxic-ischemic encephalopathy. HIE may cause seizures within the first 24 hours of birth. Partial or prolonged asphyxia is the usual cause of HIE in a baby born at term. Babies born with HIE may also have abnormal readings on an EEG or MRI scan.

If your child has been diagnosed with hypoxic-ischemic encephalopathy, or HIE, their medical records may need to be carefully evaluated by an experienced team to determine whether the brain injury occurred as a result of medical malpractice. Medical providers are trained to evaluate the signs and symptoms of the oxygen deprivation that may cause HIE during labor and delivery. They are trained to evaluate the fetal monitor strip for variable or late decelerations, bradycardia, tachycardia, and other signs of oxygen deprivation. If they fail to meet this standard of care in evaluating the signs and symptoms that a baby is suffering from oxygen deprivation during labor and delivery, they may be committing malpractice.

Infants born after an ischemic insult need immediate medical attention from trained medical professionals. Long-term follow-up care by trained family practice doctors, neurologists, rehabilitation professionals, and even dental and eye doctors may also be necessary. 

Our Austin cerebral palsy lawyers have represented multiple parents of children with HIE caused by birth injuries due to medical malpractice. We utilize our knowledge, experience, and network to find dependable physical medicine and rehabilitation doctors and nurses who are able to evaluate the long-term care needs of a baby born with HIE. In one case, for example, our expert life-care planner determined that our client’s child needed various treatment modalities, including outpatient care by trained doctors, a case manager, medication, diagnostic tests, therapy, home attendant care, durable medical equipment, orthotics/prosthetics, wheelchair/power mobility equipment, and housing modifications.

Cerebral Palsy Statute of Limitations in Texas

In Texas, parents have the right to file a lawsuit against a care provider whose medical malpractice resulted in cerebral palsy on behalf of their injured child. Generally, you have two years from the date the cerebral palsy was diagnosed (or reasonably should have been discovered) to start the legal process. However, a 10-year statute of repose applies, meaning you must take legal action before the child’s 10^th birthday. Waiting too long can prevent you from recovering any compensation, which is why engaging a legal professional as early as possible is so important.

We will do everything in our power to get your family full and fair compensation for all losses, including:

• Past, current, and future medical expenses
• Your child’s special needs and education
• Your child’s pain and suffering
• Your child’s lost earning capacity
• Your lost income
• Loss of consortium

Our team understands you are already overwhelmed by the realities of caring for a child with cerebral palsy. Our Austin cerebral palsy attorneys can provide the empathetic guidance you need to hold negligent care providers accountable, so call (833) 913-1885 or contact us online today.