Cerebral Palsy Lawyer in San Antonio

Name: Cerebral Palsy
Brand: Scheuerman Law Firm

Cerebral palsy caused by preventable medical errors is among the most devastating outcomes a family can face. Under Texas medical malpractice law, parents must show that a doctor, nurse, or hospital owed a duty of care during pregnancy, labor, or delivery; that this duty was breached; and that the breach caused the child’s cerebral palsy and resulting damages. These cases often hinge on expert testimony from obstetricians, neonatologists, or neurologists. A cerebral palsy lawyer in San Antonio can help families gather evidence, work with experts, and pursue compensation.

The Legal Team San Antonio Families Trust With Life-Changing Birth Injury Cases

For more than 30 years, husband-and-wife trial lawyers Tyler and Hella Scheuerman have stood with families facing catastrophic birth injury claims. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, we understand both the medicine and the courtroom. Our in-depth knowledge of hospital defense tactics enables us to anticipate potential arguments and secure the evidence that proves liability. Every case receives personalized attention, bilingual service, and relentless advocacy for your child’s future.

Statistics on Cerebral Palsy Birth Injuries

About 1 in 345 children in the U.S. is diagnosed with cerebral palsy (Cerebral Palsy Program > Departments > Yale Medicine)
Up to 10–20% of cases are linked to preventable birth complications (Cerebral Palsy | National Institute of Neurological Disorders and Stroke)
Lifelong medical costs for a child with cerebral palsy can exceed $1 million (Prevalence, Patterns, and Cost of Care for Children with Cerebral Palsy Enrolled in Medicaid Managed Care - PMC)

When Is Cerebral Palsy Considered a Birth Injury?

Cerebral palsy (CP) can result when a child’s developing brain is injured before, during, or shortly after delivery. While some cases are unavoidable, many arise from preventable medical errors. These include:

Oxygen deprivation (hypoxic-ischemic encephalopathy, or HIE)

If a baby’s heart rate shows distress, providers must respond quickly to restore oxygen
Failing to act can cause permanent brain injury

Untreated maternal complications

Conditions such as preeclampsia or infection must be diagnosed and managed during pregnancy and labor
Neglecting these risks can deprive a baby of oxygen or blood flow

Improper use of delivery instruments

Forceps or vacuum extractors should only be used in limited circumstances and with great care
Misuse can injure a newborn’s skull and brain

Delayed C-section

When warning signs like prolonged labor or abnormal heart rates appear, a timely cesarean delivery is critical
Waiting too long may result in irreversible harm

Inadequate newborn resuscitation

If a baby isn’t breathing at birth, providers are trained to resuscitate immediately
Delays can extend oxygen deprivation and worsen brain injury

What Are the Types of Cerebral Palsy?

When malpractice contributes to CP, the resulting condition usually falls into one of four recognized categories:

Spastic CP: Characterized by stiff muscles and restricted movement; often linked to oxygen deprivation.
Dyskinetic CP: Involuntary or twisting movements caused by damage to motor-control areas of the brain.
Ataxic CP: Problems with balance and coordination, often tied to cerebellar injury.
Mixed CP: A combination of symptoms, reflecting injury in multiple brain regions.

Who Can Be Held Liable for Cerebral Palsy in a Birth Injury Case?

Obstetricians (OB/GYNs): Responsible for monitoring the mother and fetus throughout pregnancy and delivery. Failure to recognize complications like fetal distress or maternal preeclampsia can lead to brain injury and CP.
Labor and Delivery Nurses: Nurses must carefully monitor vital signs, fetal heart rate, and progress during labor. Missed warning signs or delayed reporting to physicians can contribute to malpractice.
Anesthesiologists: Errors in administering anesthesia or failing to monitor maternal oxygen levels can harm both mother and child.
Neonatologists and Pediatricians: These specialists must intervene quickly if a newborn needs resuscitation or oxygen support. Delay in emergency care can prolong oxygen deprivation and increase the risk of CP.
Hospitals and Healthcare Systems: Facilities may be liable for inadequate staffing, poor training, or failure to enforce safe delivery protocols. Hospitals are also responsible for the actions of their employees under the doctrine of respondeat superior.

What Damages Can Be Recovered in Cerebral Palsy Birth Injury Cases?

Caring for a child with cerebral palsy often requires a lifetime of medical treatment, therapies, and adaptive support. When the condition results from preventable medical negligence, Texas law allows families to pursue compensation to meet these needs.

Types of damages available include the following:

Medical Expenses: Coverage for hospitalizations, surgeries, medications, rehabilitation, and ongoing specialist care. The lifetime cost of care for a person with cerebral palsy can exceed $1 million, according to the Centers for Disease Control and Prevention.
Therapies and Assistive Services: Physical, occupational, and speech therapy, as well as counseling and special education services to support development.
Home and Lifestyle Modifications: Compensation may include adaptive equipment (such as wheelchairs, communication devices, and braces), as well as modifications to vehicles and housing for accessibility.
Lost Earning Capacity: If a child is unable to work in the future, damages can account for lost lifetime earnings.
Pain and Suffering: Non-economic damages for the child’s reduced quality of life and the family’s emotional hardship. Texas law caps non-economic damages in medical malpractice cases at $250,000 per provider (with a $500,000 total cap).
Future Care Costs: Courts may award damages for ongoing daily assistance, in-home nursing, and long-term residential care if needed.

These financial resources are not about assigning a price to your child’s health; they’re to give your family the means to provide the best possible quality of life, access to therapies, and independence for your child’s future.

Tyler holding paperwork for client to sign

Why Do I Need to Have a Lawyer for My Cerebral Palsy Case in San Antonio?

Birth injury claims are some of the most complex cases in Texas courts. Hospitals and insurance companies rarely admit responsibility; instead, they often argue that cerebral palsy was caused by genetics or unavoidable complications rather than medical negligence. Without experienced legal counsel, families can become overwhelmed by complex technical defenses, missed deadlines, and lost evidence.

At Scheuerman Law Firm, we know how to level the playing field. Our cerebral palsy attorneys in San Antonio act quickly to secure delivery records, fetal monitoring strips, and other critical documentation before they can be lost or altered. Beyond proving negligence, we calculate the true lifetime costs of cerebral palsy: medical treatment, therapies, adaptive equipment, and lost future earnings.

Texas law also imposes strict filing deadlines, typically two years from the date of injury, with specific extensions for minors. Families who wait too long may lose their right to recover altogether. By engaging a knowledgeable lawyer early, you not only protect your child’s legal rights but also give your case the strongest chance for success.

Cerebral Palsy FAQs

How is cerebral palsy from medical negligence different from naturally occurring cerebral palsy?

Genetic or developmental factors contribute to some cases of CP and are often unavoidable. In malpractice cases, CP arises from preventable medical errors—such as oxygen deprivation or untreated maternal complications—that directly cause brain injury. Independent medical experts help distinguish between natural and avoidable causes.

Can cerebral palsy cases be settled out of court?

Yes. While Scheuerman Law Firm prepares every case for trial, many are resolved through settlement. A settlement can provide financial security sooner, avoiding the stress of a courtroom trial, although the final decision always rests with the family.

Will pursuing a lawsuit affect my child’s current medical care?

No. Doctors and hospitals cannot legally withhold care because a malpractice claim has been filed. Your child’s access to ongoing treatment remains protected.

How long does a cerebral palsy birth injury case take?

Every case is unique, but complex medical malpractice claims often take 18–36 months from filing to resolution. The timeline depends on expert reviews, discovery, negotiations, and whether the case proceeds to trial.

Can compensation include educational and developmental support?

Yes. Compensation may cover special education programs, individualized learning support, and therapies that help children reach their full potential (NIH).

How does a cerebral palsy malpractice case help beyond financial recovery?

These cases bring accountability to healthcare systems, encouraging safer practices for future mothers and babies. For many families, pursuing a case also provides a sense of justice and recognition that their child’s condition was preventable.