Who can file a cerebral palsy claim?

Answer:

Typically, a cerebral palsy (CP) claim is filed on behalf of the child by a parent or court-appointed legal guardian. Because the child is the one harmed, the claim seeks compensation for the child’s medical care, therapy, adaptive equipment, and future needs. Depending on the facts, parents may also have their own related claims.

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 Law Firm at (214) 651-6100.


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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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