Child diagnosed with cerebral palsy?
Speak with a lawyer about your potential case by calling 1-855-833-3707 today.
If your child’s cerebral palsy was caused by the medical malpractice of a doctor, obstetrician, or other medical professional, why should your family be forced to suffer the financial consequences?
Call us at 1-855-833-3707 for a 100% free consultation to learn the legal options available to you and your family. We may be able to recover substantial compensation to pay for your existing medical expenses, as well as compensation to cover future expenses such as assistive devices and future medical treatment. The call is free, and we work on a no-win, no-fee basis.
Is Medical Malpractice to Blame for my Child’s CP?
Cerebral palsy is a condition which affects a child’s motor functions, muscle control and language expression. According to research, medical malpractice and negligence before and during childbirth are two of the top reasons that a child is born with, or develops the condition shortly after birth.
Cerebral palsy usually affects the part of the brain that deals with movement and language. Infection during pregnancy, if not caught and treated in a timely manner, may result in damage to the cells in this part of the brain. In addition, improper and forceful birthing methods can result in head trauma which also ends up affecting the brain.
Negligence at the moment of delivery can take on many forms:
- The doctor may fail to adequately identify signs of fetal distress.
- The baby may spend too much time in the birth canal, depriving its brain of oxygen.
- The doctor may use clamps forcefully to try to deliver the baby.
- The delivery team may fail to carry out a cesarean section when necessary to deliver the baby.
- The doctor may misread the fetal monitor.
- Administering too much Pitocin, a drug used to speed up delivery.
- Failure to respond to signs of maternal distress during delivery.
- Lack of enough medical personnel during delivery.
Do I Have a Strong Case?
Given the fact that cerebral palsy is usually caused by medical malpractice, you may be able to sue the negligent doctor, hospital, and/or other medical professionals for pain and suffering, damages (costs) already incurred, as well as expected future expenses.
Any doctor that takes you on as a patient also assumes certain duties to you, including the competent delivery of care. When a doctor fails in their duties to keep you and your child from harm, they may be held liable through a medical malpractice lawsuit. When they’re found to be negligent, and it’s determined that their negligence led to your child’s development of cerebral palsy, the family may be awarded financial compensation by a jury.
This is an expensive condition that may very well need a lifetime of management. Most families are caught unawares when they discover that their child has cerebral palsy and may not have money put aside to cover the cost of care for their child. Because of this, seeking out the services of a qualified attorney could help you recover the compensation your child will need.
There’s specific medical criteria that needs to be satisfied in order to establish, for certain, the cause of your child’s cerebral palsy. Find an attorney who is willing to investigate your case at no cost to you. If the attorney finds that negligence or malpractice played a role, consider hiring them to pursue a claim—but only on a contingency basis (so that you never risk a penny of your own money).
Your cerebral palsy lawyer will have to determine how much you’ll be seeking in damages. Damages can include the cost of medical treatments, compensation for pain and suffering, the cost of future treatments, the parents’ lost wages, etc. Some states have damage caps on these lawsuits to protect insurance companies. Other states do not. There are also limitations on how long you have to file a lawsuit, so you’ll want to begin speaking with an attorney as soon as possible.
No cerebral palsy attorney can guarantee that your case will win in court or that the other party will be willing to settle, but they can at least let you know whether or not they feel it’s worth pursuing.
Call a Cerebral Palsy Lawyer Today
Our attorneys are happy to discuss your case with you for free; just call us for a free consultation. We’ll begin looking into the facts of your case right away, and if we decide to take on your case, you won’t have to worry about legal fees because we exclusively work on contingency.
A contingency agreement simply means that you never pay a penny out of pocket, and your attorney only recovers a fee if and when they win your case. This is the best way for people to go forward with a cerebral palsy lawsuit, because you know your attorney is going to do everything they can to give you the best shot at winning.
We are passionately committed to helping victims of cerebral palsy. If your child was born with cerebral palsy or developed cerebral palsy after birth, call us at 1-855-833-3707 today. You don’t have to make any decisions right away, but there’s no harm in having an attorney explain your options and evaluate the strength of your claim—and your likelihood of winning in court.