When a child receives a cerebral palsy diagnosis, their parents often wonder if their condition was preventable. Sometimes, these disorders occur as a result of medical negligence. A doctor or other medical care provider may cause or fail to prevent a birth injury, and lifelong impairments caused by cerebral palsy result.
If this happened to your child, a New Jersey cerebral palsy lawyer may be able to take legal action against the doctor or hospital on your family’s behalf.
How Cerebral Palsy Affects Movement And Coordination
According to estimates from the Centers for Disease Control and Prevention (CDC), about one in every 345 children has a cerebral palsy diagnosis. Such prevalence makes this group of neurological conditions the most common type of movement disorder in children. Cerebral palsy occurs as a result of abnormal brain development or permanent brain damage, and there is no cure. Treatment and therapy can help children manage their symptoms, and symptoms may change as children grow and develop.
Some children are much more severely affected than others. Some also have coexisting conditions that could include intellectual disabilities, learning delays, epilepsy, vision and hearing loss, difficulty with speech, scoliosis, and more.
Because cerebral palsy is actually a group of disorders, there are many possible symptoms of the condition. In most cases, children receive a diagnosis after failing to meet motor milestones or struggling to keep up with their peers because of muscle coordination or motor difficulties.
Symptoms may:
- Make a child’s muscles too stiff or very floppy
- Affect one arm, one leg, or one side of the body, as well as both arms or both legs
- Cause the child to walk with an unusual gait or be unable to walk
- Cause the child to drool excessively because of difficulty swallowing
- Include involuntary movements and tremors
- Make fine motor activities challenging
Many children can live a high quality of life with therapy, treatment, and medication for coexisting conditions. Some, however, will always require around-the-clock assistance and care.
For more information contact our cerebral palsy lawyer today.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Proving Medical Negligence in a Cerebral Palsy Case
Cerebral palsy is the result of abnormal brain development or brain damage. It may be a preventable birth injury caused by a traumatic or hypoxic injury before or during delivery. Many of the risk factors for this type of birth injury are avoidable or can be managed by the medical staff monitoring the pregnancy and delivering the baby.
There may be reason to believe medical negligence caused your child’s cerebral palsy. In that case, it can be important to enlist the help of a lawyer who handles medical malpractice cases in Woodbridge Township. New Jersey has very specific laws that apply to birth injury cases. An attorney who understands these cases can guide you through this complex process.
For example, New Jersey (NJ) Rev Stat § 2A:53A-27 requires claimants to provide an affidavit of merit after filing a lawsuit. This affidavit is a sworn statement from a medical expert that they reviewed your child’s medical records and other facts of your case and believe there is a reasonable probability that your child was a victim of malpractice.
Your Woodbridge Township cerebral palsy lawyer can help you build your case, including identifying the medical expert who will provide this affidavit as well as help with proving your case. To get started, call the Birth Injury Lawyers Group at (800) 222-9529 today for your complimentary case review.
Woodbridge Township Cerebral Palsy Lawyer Near Me 1-800-222-9529
Recovering Compensation in a Cerebral Palsy Birth Injury Case
Diagnosing, treating, and living with cerebral palsy is expensive. Your family may face extensive medical bills and a lifetime of ongoing care costs and future treatment expenses. This is one reason why we believe it is important to seek compensation on behalf of families whose children suffered a preventable birth injury.
The recoverable losses in a cerebral palsy case could include:
- Expenses related to your child’s evaluation, diagnosis, and initial treatment
- Current and future treatment costs
- Therapy and rehabilitation expenses
- Ongoing care and support costs
- Wheelchairs and other prescribed medical devices
- Pain and suffering losses
- Other intangible losses
A New Jersey judge or jury could also award punitive damages in this type of case. Your Woodbridge Township cerebral palsy lawyer will be able to determine if this is likely based on the facts of your child’s injury and other details of your case. There may be limits on how these types of damages are awarded in New Jersey.
"We know first-hand what you are going through."
Deadlines Apply in Woodbridge Township Birth Injury Cases
Like other states, New Jersey has a statute of limitations that sets a deadline for filing a medical malpractice lawsuit. This is established under New Jersey (NJ) Rev Stat § 2a:14-2.
However, this statute also allows you some flexibility on the timeline for filing when the victim is a minor. Your lawyer can explain how these rules apply in your case. There may also be other deadlines you must meet as a part of proceeding with your case against the doctor or hospital.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Let Our Team Review Your Child’s Birth Injury Case for Free
The Birth Injury Lawyers Group is here to help you get more information about your case today. We will discuss your child’s injury, diagnosis, prognosis, and more during your complimentary case review. If our evaluation uncovers enough reason to believe your child suffered from a preventable birth injury, a Woodbridge Township attorney will discuss with you how we can represent you in your case.
Get started on your case today by calling (800) 222-9529 for a free consultation with a team member from the Birth Injury Lawyers Group.
"We are committed to helping families who have suffered medical negligence."