A cerebral palsy lawyer can help you after receiving a CP diagnosis for your child. We understand it can be a deeply unsettling and confusing experience. A whirlwind of questions likely surrounds you: “What caused this?”, “What are the treatment options?”, “How will we manage the ongoing costs?” You might feel overwhelmed by the medical jargon and unsure where to turn for support.
This guide aims to provide you with general information and resources to help you navigate this challenging journey. The Birth Injury Lawyers Group, with our nationwide network of attorneys, can connect you with a North Carolina cerebral palsy lawyer who understands the complexities of these cases and the specific legal landscape.
The Causes and Effects of Cerebral Palsy
Cerebral palsy can affect a person’s muscle control and coordination, reflexes, posture, balance, and ability to walk because it is an illness that involves the parts of the brain that are responsible for controlling and directing voluntary muscle movements. A cerebral palsy lawyer can explain how it affects different people and how it is usually a result of the following:
- Genetic or environmental factors that disrupt the migration of brain cells during gestation.
- Birth or delivery events that cause bleeding, a loss of blood, or prevent oxygen from reaching the baby’s brain.
- Trauma, physical impact, or an infection can damage the brain’s white and gray matter.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Medical Negligence and the Law
To ensure a safe and smooth delivery, medical staff must monitor and measure several indicators. These include the mother’s blood oxygen level, her blood pressure, the level of amniotic fluid, and the position of the child in the womb. Tests for bacterial or viral infections and issues with blood incompatibility must also be performed beforehand. It is important to understand that a lack of oxygen during childbirth can cause developmental delays.
Failing to do any of the above or incorrectly performing any of the actions required to ensure the safety of the mother and her child can cause serious issues. For example, if the baby is not in the right position for delivery or if the mother does not dilate enough or quickly enough and the delivery team fails to identify such an issue, they may be forced to perform an emergency procedure to deliver the baby quickly. When this happens, the following rules apply:
- The delivery must take reasonable measures to ensure the health and safety of the mother and her child, known as the duty of care.
- If an emergency procedure is required, the delivery team should have the skills, training, and experience to perform it properly.
- If the medical team missed an important health indicator, did not identify or inform the mother about an unexpected or negative development, or did not test for such a possibility when they should have, they may be held liable for birth injury negligence.
Emergency delivery cases often involve the use of forceps, vacuum extractors, and similar tools and devices to extract a baby from the mother, which is often done as the lesser of two evils. A baby stuck inside the mother may be at risk of not receiving the oxygen they need. This is called Transient hypoxia and can lead to brain death. Quickly and forcibly removing the baby may be the only option to remove the baby and avoid other potentially more serious complications.
When this happens, an important question arises: Who is at fault for the birth injuries sustained by the mother or her baby? Can the delivery team be held responsible for not seeing or not properly addressing a birth complication? Is the mother and the family responsible for caring for the child because it was not possible to prevent the birth complication beforehand?
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How a Charlotte Cerebral Palsy Lawyer Can Help
Connecting a delivery or pregnancy-related procedure or event to an injury can be difficult. Still, we understand the factors that come into play when it comes to birth injury cases. Many medical mistakes can cause cerebral palsy, and we can help you identify the parties responsible for your child’s condition. A Charlotte cerebral palsy lawyer will also help you calculate damages you have been made to suffer, including:
- Pain and suffering
- The cost of medical care, medications, and diagnostic tests
- The cost of assistive devices
- Lost income from time spent away from work
Suppose your child received a diagnosis of cerebral palsy, and a medical error or negligence played a part or was directly responsible for the injuries in question. In that case, you will likely face lifelong medical bills for the treatment, testing, and rehabilitation of your child’s condition. Your child may also face years of pain and suffering as they cope with and try to overcome the effects of their injuries. If your child’s injuries were the result of the negligence of someone who owed you a duty of care, you should receive compensation.
"We know first-hand what you are going through."
FAQs to Our Charlotte Cerebral Palsy Lawyers
Understanding your child’s cerebral palsy diagnosis and the legal options available can feel like climbing a steep mountain. Here, we try to untangle some of the common questions families facing birth injuries have for our Charlotte cerebral palsy lawyers:
What Is Medical Malpractice, and How does It Relate to Birth Injuries?
Medical malpractice occurs when a medical professional, through negligence, harms a patient. In birth injury cases, this could involve mistakes during pregnancy, delivery, or newborn care. It’s important to understand the expected standard of medical care in these situations.
What Are Common Types of Birth Injuries?
Birth injuries encompass a range of issues, affecting different parts of the body and with varying degrees of severity. Some of the more common ones include brachial plexus injuries (involving the nerves in the shoulder and arm), hypoxic-ischemic encephalopathy (oxygen deprivation to the brain), and skull fractures.
What Are the Signs of a Birth Injury in My Child?
The signs of a birth injury can vary depending on the type and severity of the injury. They might include difficulty feeding, excessive crying, developmental delays, or seizures. Early detection is crucial for getting your child the therapies and interventions they need. If you have any concerns about your child’s development, don’t hesitate to speak to their pediatrician.
Can I Take Legal Action for My Child’s Cerebral Palsy?
If medical negligence is suspected to be a cause of your child’s cerebral palsy, you may have grounds for filing a birth injury lawsuit. A Charlotte cerebral palsy lawyer can help you understand your legal options and the strength of your potential case.
What Is the Legal Process Like for Birth Injury Cases?
The legal process can feel daunting, but experienced birth injury attorneys will guide you through every step. This includes gathering medical records and evidence, negotiating with insurance companies, and potentially going to court. Understanding the legal process can help you feel more prepared and in control.
What Compensation Might Be Available in a Birth Injury Lawsuit?
A birth injury lawsuit aims to recover financial compensation for the lifelong costs associated with your child’s care. This could include medical expenses, therapy, lost wages (if you need to take time off work to care for your child), and compensation for pain and suffering (both for your child and your family).
How Long do I Have to File a Birth Injury Claim in North Carolina?
Each state has a statute of limitations and a time limit for filing a lawsuit. It’s important to contact a Charlotte cerebral palsy lawyer as soon as possible to understand the specific timeframe in North Carolina. Don’t let this crucial time window close.
What if the Liable Party Is a Hospital or Healthcare Provider?
Charlotte cerebral palsy attorneys have the experience to navigate complex medical malpractice cases against doctors, hospital staff, or midwives who are negligent. They understand the complexities of the medical field and can effectively advocate for your child’s rights.
Can Birth Injuries Be Prevented?
Sadly, not all birth injuries are preventable. However, some preventable birth injuries occur due to delayed C-sections, lack of oxygen monitoring during delivery, or improper use of forceps.
How Can a Charlotte Cerebral Palsy Lawyer Help My Family?
A dedicated Charlotte cerebral palsy attorney will fight for fair compensation to cover the lifelong costs associated with your child’s care. They can also connect you with medical experts and ensure you understand your legal rights throughout this challenging journey. Having a knowledgeable legal team by your side can ease some of the burden and give you peace of mind.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Talk to a Charlotte Cerebral Palsy Lawyer at No Cost
The weight of a cerebral palsy diagnosis can feel overwhelming. You’re likely facing a whirlwind of medical appointments, therapy sessions, and difficult choices about your child’s future. Financial burdens often compound emotional stress. The Birth Injury Lawyers Group understands.
We believe that families facing birth injuries shouldn’t have to navigate the legal system alone. That’s why we offer free consultations with a Charlotte cerebral palsy lawyer. During this conversation, you have the space to ask questions and explore your legal options. Contact our Charlotte office today. We’re here to help you understand your rights and explore all possible options.
"We are committed to helping families who have suffered medical negligence."