Most of the time, when you hear about CP lawsuits, they’re over the injuries sustained by the child. The typical lawsuits seek compensation from whatever party was responsible for the child suffering a birth injury. The Southeast Texas Record reports that a lawsuit filed against Texas Medicaid is a bit different.
In this claim, the parents alleged that Texas Medicaid needs to provide their child with a powered wheelchair, which the agency had denied. The agency denied the application based on attendant control, which allows someone helping the wheelchair user to control the device for them when necessary. The article points out that it’s similar to holding a child’s hand when crossing a street.
The child involved in this lawsuit cannot use a standard wheelchair. Cerebral palsy is notable for its effects on muscle control and that means that some sufferers may be able to work the controls on an automatic wheelchair but that using a standard, self-propelled wheelchair may simply not be possible for them. The lawsuit alleges that the Texas Department of Health and Human Services is in violation of the Social Security Act in this case and that they are obligated to provide the child with the medical equipment he requires.
Advocacy and lawsuits.
Advocating for the disabled sometimes comes in the form of lawsuits. Attorneys are principally in the business of getting compensation for their clients in civil court, but some cases go beyond that. These attorneys sometimes have to stand up to agencies that are not helping in the ways that they are legally obligated to help. This can be a tough fight for parents, as going up against such an agency is oftentimes very complicated and even the appeals process may be so complex that the parents cannot figure it out.
What to do.
Attorneys can help in these situations. A cerebral palsy law firm will usually have plenty of experience working for families with a member with CP in many different regards aside from filing lawsuits against the doctors responsible for the child’s injuries. Because of this, they are oftentimes the best resources for families facing any uphill battle, whether it’s against a physician, a healthcare facility or a product manufacturer. If you’re at your wit’s end about how to deal with a social agency that’s road blocking your family at every turn, contact an attorney and see what they may be able to do for you.