Texas Cerebral Palsy Lawsuit Filing Process

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If your child has cerebral palsy, you have grounds to file a cerebral palsy lawsuit. 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. Work with a Texas cerebral palsy lawyer to get the best result for your child.

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. Cerebral palsy can be caused by medical malpractice, mistakes made by healthcare professionals. Doctors and other medical professionals must 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 to services.[1][2] 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 for a resolution.

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. It is too easy to make mistakes and risk losing the chance to provide compensation for your child’s care.

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 the state bar association or online for a lawyer with the right specialties. You can also consult with parents in your area who have disabled children. Ask local organizations that advocate for people with disabilities if they can refer you to a lawyer.

How Do I File 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. Minors under the age of 12 when the incident occurred have until their 14th birthday to file.[3]

How Much Compensation Can I Get for My Child with Cerebral Palsy?

Before you file, you may also want to discuss damages with a lawyer so you know what to expect. Texas caps non-economic damages at $250,000 per defendant and $500,000 total.[4]

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, records, and receipts of expenses related to your child’s care.

The Complaint

The process officially begins when your lawyer files a complaint on your behalf. The complaint details your allegations, explains why you believe negligence occurred and harmed your child, and notifies the defendants.

Expert Report

According to Texas law, you must also submit an expert report within 120 days of filing. This statement is signed by a qualified medical expert and indicates that they have reviewed the evidence and believe your case has merit.[5]

Settlement Negotiation

After both sides have had time to investigate the incident and build a case, you can 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.

Trial

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. If in your favor, the jury’s decision will also include several damages to be awarded.

Filing a Discrimination Complaint 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.

Filing a discrimination complaint generally includes the official complaint, providing all information about the incident, attempts at guided meditation, and an investigation.

If mediations fail and an investigation indicates probable cause for discrimination, you may take your case to a public hearing for resolution.

Texas also allows private action so that you can also sue those responsible.

Taking action and filing a lawsuit over cerebral palsy in Texas can seem overwhelming, but the benefits for your child can be significant. You can hold people accountable, get justice, resolve situations of discrimination, and recover damages to help your child live a better life.