The moment your child is diagnosed by a doctor or health care professional as having cerebral palsy, your mind will likely flood with questions. How did it happen? What does it mean for my child? How can I ensure that my child receives the medical care and support that he or she needs? What costs are associated with providing my child with an acceptable standard of living? And, very crucially, you may ask yourself, was my child’s suffering preventable?
At the Birth Injury Lawyers Group, we care deeply about children, especially those who suffer unfairly from birth injuries, and we specialize in helping families receive the support and care – as well as the legal guidance and representation – that they need when a loved one suffers from or is diagnosed with cerebral palsy. We are here to answer your questions, help you determine whether or not you have a case for medical negligence, and file a claim on your behalf. Contact our attorneys at (800) 222-9529 for a free case evaluation and to get started on the road toward physical and financial well-being.
Understanding Cerebral Palsy
The effects, costs, and causes of cerebral palsy vary from case to case and from person to person. Cerebral palsy is a group of disorders that develops when damage is sustained by the areas of the brain that are responsible for motor control. This damage can lead to a slew of symptoms and health issues, some of which may be identifiable soon after the damage occurs (within weeks or months) and, in some cases, several years. These health issues and conditions include:
- A lack of fine motor skills
- Muscle stiffness
- Limp or floppy muscles
- A lack of muscle coordination
- Problems eating or swallowing
- An inability to walk properly
- Muscle weakness or atrophy (wasting away)
- Misaligned joints
- Low bone density and/or frequent fractures
- Premature aging
Severe cases of cerebral palsy present with additional disorders, some of which may be neurological in nature, such as seizures, paralysis, or a lack of sensation.
Brain damage leading to cerebral palsy often occurs during pregnancy, during labor or childbirth, or during the early years of a child’s development. In many cases, the damage suffered by the child could not have been prevented because it was caused by factors out of the control of the doctor and his or her team. Such factors include gene mutations or abnormal migration of brain cells during the development of the fetus in the mother’s womb.
In other cases, however, brain damage is avoidable and should be prevented. For example, if a neonatal care team fails to treat a maternal infection that would have shown up had certain tests been performed, if those tests were in fact performed but the results were mistakenly misread or dismissed, or if a doctor failed to recognize signs of fetal distress that led to a lack of oxygen in the child’s brain which in turn led to brain damage, the doctor or the hospital dispensing treatment to the mother and child can be held liable for medical malpractice. Our team holds negligent doctors, hospitals, and other medical providers accountable for their medical negligence and we fight on behalf of children who are forced to suffer, often for the remainder of their lives, from preventable birth injuries.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Do I Have Grounds for a Malpractice Claim?
If your child has been diagnosed with cerebral palsy and you want to know more about the condition, especially whether or not the condition was preventable, you need to conduct an investigation into the birth and delivery of your child to identify how, when, and why potential negligence occurred and who can be held liable. How and why you need to do this is as follows:
- Identifying the source of your child’s cerebral palsy will help therapists and rehabilitation experts customize a recovery plan for your child based on the specific type of ailment that your child suffers from.
- Knowing the source of your child’s cerebral palsy will also help you decide whether or not it is safe to have more children in case you are interested in growing your family.
- Identifying at-fault, negligent parties responsible for preventable birth injuries to your child will put you in a position to seek damages from those parties.
- Knowing the type and severity of your child’s condition will help you plan the finances needed to provide the care and therapy your child needs.
- You need to quantify your damages if you are to file a claim to cover you for the costs you are forced to deal with as a result of your child’s preventable birth injuries.
- The testimony of medical and legal experts can help with building a case against at-fault health care services providers that did not meet the standard of care in treating the mother and/or her baby, both before as well as soon after the child’s birth.
The money you can potentially win in a preventable birth injury damages claim can be used to pay for your child’s care. The cost of caring for a child who suffers from cerebral palsy can be as much as 25 times higher than the cost of caring for a child who was born healthy, and if you have a case and win a damages settlement, the funds you receive can be used to pay for:
- Therapy, such as hydrotherapy, occupational therapy, and physiotherapy, all of which are treatment types designed to help your child overcome his or her disabilities and live an independent life.
- Doctor’s appointments, medicines, diagnostic tests, assistive devices such as wheelchairs, and home improvements to make your home accessible to a child with specific disabilities.
- Additional costs such as lost income from being unable to work while you care for an injured child and college tuition once your child reaches college-going age.
Our attorneys work with economic, medical, and life-care experts in order to determine the full extent of your child’s pain and suffering and to quantify the impact that your child’s illnesses will have on the entire family. Call us today at (800) 222-9529 for a free case evaluation and to speak with a birth injury and medical malpractice expert.
"We are committed to helping families who have suffered medical negligence."