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Do you have a child with cerebral palsy in Texas who was injured by medical mistakes? Obtaining an experienced lawyer and filing a cerebral palsy lawsuit can potentially provide you with compensation to care for your child. You also have the right to file a complaint if your child has been discriminated against, but first, it’s important to know the basic steps of the Texas cerebral palsy lawsuit filing process.
What Kind of Lawsuit Should I File for My Child with Cerebral Palsy?
Depending on the situation, there may be one or two different types of legal action you can take on behalf of your child with cerebral palsy.
- Medical Malpractice. If you suspect a medical mistake triggered your child’s condition, you may have a case for medical malpractice. Doctors and other medical professionals are obligated to provide a certain standard of care. If they don’t, and they harm patients, they are negligent. By filing a lawsuit, you can hold these people accountable and recover damages for your child.
- Discrimination. Federal laws, such as the Americans with Disabilities Act and the Individuals with Disabilities in Education Act, protect your child from discrimination and ensure access and services. The Texas Commission on Human Rights Act also prohibits discrimination. If your child experiences discrimination, you can file a complaint with a federal or state agency or file a lawsuit against those responsible.
How Do I Find a Cerebral Palsy Lawyer for Filing in Texas?
You should have an experienced and reliable Texas cerebral palsy lawyer by your side to file a lawsuit. Do not attempt this legal action alone because it is too easy to make mistakes and risk losing the chance to better provide for your child.
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Start by searching for a lawyer or firm with expertise in disabilities, cerebral palsy and birth injuries, discrimination, or medical malpractice.
You need that experience and depth of knowledge in a legal team to give you the best chance of a successful lawsuit.
Try searching through the state bar association or online for someone with the right specialties. Or, consult with parents you know in your area who also have disabled children. Ask local organizations that advocate for the disabled if they can refer you to a lawyer.
Filing a Cerebral Palsy Medical Malpractice Lawsuit in Texas
Medical negligence is severe. Those who cause harm to patients should be held accountable. To file a malpractice lawsuit, you must first understand the laws that govern the process.
Statute of Limitations
Filing a lawsuit for malpractice first requires that you haven’t missed the deadline. The Texas statute of limitations on filing is two years from medical negligence.
There are exceptions, though, and generally, minors have within two years of their 18th birthday to file.
Before you file, you may also want to discuss damages with a lawyer so you know what to expect. Texas caps non-economic damages for things like pain or emotional suffering at a maximum of $750,000.
Economic damages are not capped. Your lawyer may be able to give you a general estimate of what you are owed by reviewing medical bills and records and receipts of expenses related to your child’s care.
The process officially begins when your lawyer files a complaint on your behalf. The complaint details the allegations you are making, explain why you believe negligence occurred and harmed your child, and notifies the defendants.
Within 120 days of filing, you must also submit an expert report, according to Texas law. This statement is signed by a qualified medical expert and indicates that they have reviewed the evidence and believe your case has merit.
After both sides have had time to investigate the incident and build a case, you can either go to trial or enter into a settlement negotiation.
Both parties must agree to negotiate, but this is typical and is usually where most malpractice cases end. Your lawyer will try to negotiate a fair amount of compensation for you and your child, and it is ultimately your decision to accept or reject any offer.
If you cannot agree on a settlement, your case can go to trial in court. Here you will present evidence and witnesses to prove your case.
Your lawyer can walk you through this process and will argue on your behalf in front of the jury. The jury’s decision, if in your favor, will also include several damages to be awarded.
Filing for Discrimination in Texas
If your child is struggling because of discrimination, you can take legal action. This may involve filing a complaint with the state or a federal agency.
Your lawyer can determine exactly where to file, depending on the type of discrimination.
For instance, you will probably file with the Texas Workforce Commission for housing issues. In contrast, you may need to file with the U.S. Department of Education for problems at school or with special education services.
In general, the process of filing a discrimination complaint includes the official complaint, providing all information about the incident, attempts at guided meditation, and an investigation.
If mediations fail and an investigation indicates a probable cause for discrimination, you may take your case to a public hearing for resolution.
Texas also allows private action so that you can sue those responsible, as well.
Taking action and filing a lawsuit over cerebral palsy in Texas can seem overwhelming, but the benefits for your child can be significant. Hold people accountable, get justice, resolve situations of discrimination, and recover damages to help your child live a better life.
- What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
Retrieved from: https://adata.org/learn-about-ada
- Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
Retrieved from: https://sites.ed.gov/idea/
- Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
- Civil practice and remedies code Chapter 74. Medical liability. (n.d.). Texas Constitution and Statutes - Home.
Retrieved from: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm