Cerebral palsy (CP) can affect your child’s coordination, ability to walk, and general quality of life. As parents of children with birth injuries, you have somewhere to turn when struggling to cope with the cost of giving your child the best possible life. An experienced cerebral palsy attorney in Delaware will offer compassionate legal guidance.
Birth Injury Lawyers Group is dedicated to protecting the rights of birth injury victims and their families. Since we founded the law group in 2003, we have recovered over $750 million for clients. Our team of Delaware birth injury lawyers want to help you get the compensation you need. We will consult with you to plan a personalized legal strategy for your case.
Our Cerebral Palsy Lawyers in Delaware Offer Compassionate Legal Guidance
Our law group only handles birth injury claims, which gives us an edge over firms with a more diverse practice area portfolio. We recognize the profound impact that birth injuries can have on families, and our exclusive focus on this area allows us to provide targeted legal support.
Our founding attorney, Robert Goldwater, has personal experience of his children having to undergo extensive medical care due to less-than-excellent hospital care. That motivates him and our team to guide other families through a difficult period. We will look for strong evidence of the malpractice and negotiate to recover the financial compensation you need.
Concentrating our efforts on birth injury claims allows us to stay at the forefront of developments in this field. Our attorneys are committed to understanding the unique challenges posed by each case and will fight to secure the best possible outcome.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Recoverable Damages in Cerebral Palsy Birth Injury Cases
Cerebral palsy can carry heavy financial and emotional burdens. The costs of treatments for your child and special accommodations quickly add up. Our Delaware cerebral palsy lawyers understand the stress of medical expenses and can help you recover compensation.
The following types of economic and non-economic damages could be available in a cerebral palsy case:
- Medical bills
- Loss of quality of life
- Mental anguish
- Lifelong care
- Special education costs
- Speech therapy
- Physical therapy
- Medical equipment
If your child was a victim of medical malpractice, you may be eligible for compensation. A birth injury attorney will work to get you a fair settlement so you can focus on caring for your child.
Delaware Cerebral Palsy Lawyer Near Me (800) 222-9529
Our Delaware Cerebral Palsy Attorneys Negotiate With Insurance Companies for Maximum Compensation
If a medical mistake causes your child’s cerebral palsy, your lawyer will usually deal with the doctor’s insurance company. We understand these meetings can be time-consuming and stressful, but we are fully invested in the success of your case. Our Delaware cerebral palsy attorneys are ready to take on the insurance company.
We’re ready to shut down the claims adjusters’ accusations that your child’s condition wasn’t the doctor’s fault, with evidence from medical experts. We can tell you more about how we can defend you from the insurance company in a free case consultation.
"We know first-hand what you are going through."
When Medical Malpractice Leads to Cerebral Palsy
While cerebral palsy can be inherited genetically, there’s also a good chance that your child’s CP was caused by a complication or medical error during childbirth. If so, you and your child may be malpractice victims. Most instances of medical malpractice that lead to CP involve oxygen deprivation, which causes brain damage.
Common causes of cerebral palsy include:
- A doctor’s failure to recognize signs of fetal distress during the birthing process
- A doctor’s failure to diagnose and treat infections, such as chickenpox and placenta infections, during pregnancy or post-delivery
- A doctor’s failure to perform a C-section when necessary
- Improper use of tools such as vacuum extractors and forceps
Doctors have a duty to care for your child, so if a medical professional did not meet a standard of care during delivery, it could count as negligence.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Who Can I Sue in a Cerebral Palsy Lawsuit?
In a malpractice suit, the doctor, the hospital, other healthcare professionals, and any other negligent party are liable for your damages. Our firm’s Delaware cerebral palsy lawyer can examine your case and help you determine who was responsible for medical negligence during your child’s birth.
The following parties could be at fault for causing your newborn’s cerebral palsy:
- Obstetricians
- Nurses
- Hospital staff
- Anesthesiologists
- Medical professionals
- Healthcare providers
- Pharmaceutical companies
- Medical facilities
- Other healthcare professionals
Since so many parties are involved in the childbirth process, determining who is liable can be difficult without legal assistance. Birth Injury Lawyers Group will investigate the circumstances of the birth injury and review medical records to identify the responsible party correctly.
Proving Negligence in a Cerebral Palsy Case
Negligence refers to the failure of medical professionals to provide the standard of care expected during childbirth, harming the newborn or mother. Identifying negligence is a crucial aspect of holding the responsible party accountable.
To prove a liable party’s negligence, our lawyers must prove four elements of negligence:
- Duty of care: Duty of care refers to the obligation of individuals or organizations to act with reasonable care and attention toward others to prevent harm. This duty of care applies in various contexts, such as negligence claims or medical malpractice lawsuits.
- Breach of duty: When the liable party, such as a doctor, fails to uphold the duty of care and deviates from the standard of medical care, they have breached the duty of care.
- Causation: Your child must have suffered injuries that led to CP as a result of the breach of duty. We’ll use evidence to prove that your child wouldn’t have developed the condition without the doctor’s careless actions.
- Damages suffered: You and your family must have suffered financial and emotional losses due to medical malpractice and your child’s injury.
If our birth injury lawyers can prove these four elements of negligence, you may be eligible to recover compensation in a cerebral palsy lawsuit. We understand the emotional and financial toll that birth injuries can take on families, and we are committed to guiding you through the legal process with compassion.
How Much Time do I Have to File a Cerebral Palsy Claim in Delaware?
According to Title 18 Delaware Code § 6856, the statute of limitations to file a claim is two years after the incident. However, it can take time to notice your child’s condition. If you don’t notice symptoms immediately, the deadline may be extended to three years.
In both situations, you must file your claim as early as possible. When you file early, you increase your chances of recovering maximum compensation for your medical malpractice case. Also, you and your Delaware cerebral palsy lawyer will have more time to gather evidence for your birth injury lawsuit.
If you fail to file your medical malpractice claim on time, you won’t be able to recover any compensation for yourself and your family. Our team can help ensure that you file your claim within the statute of limitations for cerebral palsy claims, and when you meet with us, we can tell you exactly how long you have to file.
The Main Types of Cerebral Palsy
According to the Centers for Disease Control and Prevention (CDC), there are three common types of cerebral palsy. The three types can vary greatly in terms of movement disorder, but all forms of CP result from brain injuries.
Spastic Cerebral Palsy
This type is the most common and affects 80% of people with CP. Spastic CP results from a brain injury to the motor cortex, which regulates movement. In the case of children and adults with spastic CP, their muscle tone is higher than average, which causes their movements to be stiff and unnatural.
The most common symptoms of spastic CP are:
- Stiffness in the legs, but rarely in the arms
- Difficulty walking or being unable to at all
- Seizures
- Vision, speech, and hearing issues
People with the spastic form of CP usually experience difficulty performing everyday movements and often require years of physical therapy.
Dyskinetic Cerebral Palsy
Instead of stiff movements, this type of CP is associated with uncontrollable and abrupt twisting movements. These movements are due to an injury to the basal ganglia, which is responsible for movements and executive function. In the dyskinetic form of CP, the muscle tone can change from too tight to too loose within a day.
Common symptoms of this form of CP include:
- Difficulty swallowing and talking
- Uncontrollable and jerking movements of legs, hands, arms, feet, face, and tongue
- Difficulty crawling and walking as a baby
- Dance-like movements
Ataxic Cerebral Palsy
Balance and coordination are frequent challenges for people with this type of CP. In this form of cerebral palsy, the cerebellum, the part of the brain responsible for balance and coordination, is often injured. Balancing and movements requiring a lot of control are difficult for people with ataxic CP.
Symptoms of this form of cerebral palsy include:
- Difficulty controlling arms
- Struggling to hold objects
- Difficulty writing
- Depth-perception issues
In some cases, children can have mixed cerebral palsy, meaning that they have more than one form of the condition. Once you know what type of cerebral palsy your child has, you can better understand the cause, treatment options, and compensation options.
Get a Free Consultation With a Delaware Cerebral Palsy Attorney
Don’t let malpractice during birth drain your wallet and affect your quality of life. Experienced attorneys from Birth Injury Lawyers Group are on call to help you with your case.
Negligent medical professionals may have caused your child’s cerebral palsy, but we can help you recover compensation for their malpractice. Contact us today for a free legal consultation with a Delaware cerebral palsy attorney.
"We are committed to helping families who have suffered medical negligence."