Who may file
- Parent or legal guardian (“next friend”): Files the child’s medical malpractice/birth-injury claim.
- Court-appointed guardian ad litem: May be appointed to protect the child’s interests in litigation or settlement.
- The child (after turning 18): In many states, minors can pursue their own claim once they reach adulthood if it hasn’t been resolved.
- Wrongful death beneficiaries: If the child tragically passes away, state law typically allows parents to bring a wrongful-death claim.
Parents’ possible separate claims
- Medical bills paid by the parents (where allowed by law)
- Emotional distress or loss of consortium (varies by state)
Deadlines matter
Statutes of limitations and special rules for minors vary by state. Many states extend deadlines for children or apply special healthcare-liability rules and “notice of claim” requirements. In Texas (where our firm is based), healthcare liability claims have strict, technical deadlines—contact an attorney promptly to avoid missing them.
What to gather before you call
- Pregnancy, labor, delivery, and NICU records (if available)
- Developmental evaluations (PT/OT/speech), imaging reports (MRI/CT), and pediatric neurology notes
- Timeline of events and a list of providers/facilities
Next step: If you suspect medical mistakes caused cerebral palsy, speak with a birth injury attorney. We can obtain records, consult independent medical experts, and explain your options.
Free case review: Call the Dallas birth injury attorneys at Rasansky | McKenzie Law at (214) 367-6793.