In a 4-3 decision that reversed a ruling by the 4th District Court of Appeals, The Supreme Court will permit the parents of a 14-year-old boy with Cerebral Palsy to continue their lawsuit against his doctor and hospital.
The parents of Toby Haferman Jr., 14, allege that his doctor, Donald W. Vangor, and St. Clare Hospital in Baraboo were responsible for his Cerebral Palsy because his brain was denied oxygen during the moments before and after his birth in 1991.
Jeremi Young of The Rasansky Law Firm, recently voted a "Texas Rising Star" by Law & Politics and Texas Lawyer Magazine, represents the Haferman's and said the opinion means the family will get its day in court after years of legal wrangling.
The majority opinion, written by Justice Ann Walsh Bradley, said the Legislature left a gap in state law and urged lawmakers to address it. She was joined by Chief Justice Shirley Abrahamson and Justices N. Patrick Crooks and Louis B. Butler.
A set of three statutes come into play in the case, and taken together, there's not a clear picture as to what is or is not allowed. The law says malpractice claims need to be filed in most cases within three years of when injuries occurred or within one year of when they are discovered.
When it comes to children, a claim must be brought within three years or by age 10, whichever is later, says a second law, which also appears to say those time limits don't apply to children with developmental disabilities. And a third statute says disabled minors can bring an action within two years after the disability ceases, but that allowance doesn't apply to actions against health care providers.
Mr. Young said the Hafermans knew early on about Toby's Cerebral Palsy but didn't learn until recent years that research suggests oxygen deprivation during delivery could have caused it. That prompted them to begin asking questions and pursue the lawsuit, he said.
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