Premature birth is one of the most well-known and common risk factors for cerebral palsy. If your doctor failed to take the right steps to prevent your baby’s premature birth or give them adequate care to reduce their risk of cerebral palsy and other congenital health concerns, you may have a medical malpractice case against the doctor or hospital.
Call the Birth Injury Lawyers Group now at 1-800-222-9529. You can connect with a medical malpractice birth injury attorney near you who will review your case and help you understand your legal rights.
Cerebral Palsy and Premature Birth Lawsuits
Premature birth is linked to cerebral palsy, as babies who arrive before their due date have an increased risk of cerebral palsy. Any child born before the 37th week of pregnancy is at an increased risk of the condition. Cerebral palsy is especially prevalent in babies born before 32 weeks gestation.
Today, babies born extremely premature are more likely to survive than ever before. While these tiny babies get excellent care in the neonatal intensive care unit and eventually go home with their families, they are much more likely to have additional medical concerns, including cerebral palsy, than full-term or even moderately premature infants.
In addition, a 2016 study showed those babies who were born the earliest were also the most likely to have profound disabilities as well as a higher risk of associated conditions.
Parents whose children were born premature and developed cerebral palsy may be able to hold the doctor and hospital liable, in some cases. This could allow the family to recover compensation to help cover their child’s medical care, therapy, special equipment, assistive devices, and more.
The Birth Injury Lawyers Group Can Connect You With an Attorney in Your State
If your child was born early and has cerebral palsy, you may want to discuss your legal options with an attorney who handles birth injury cases in your state, as premature birth is linked to cerebral palsy. You may have a viable medical malpractice case and may be able to hold the doctor and hospital liable for failing to prevent, diagnose, or treat your child’s cerebral palsy.
Reach out to the Birth Injury Lawyers Group today to get connected to an attorney near you who will review your case for free and may be able to file a medical malpractice or birth injury lawsuit on behalf of you and your child.
Recoverable Damages in a Premature Birth Cerebral Palsy Medical Malpractice Case
If your attorney can prove the doctor acted negligently and failed to provide an acceptable standard of care while monitoring your pregnancy or overseeing your child’s birth, you may be eligible to recover compensation through an out-of-court settlement or court award. Some of the recoverable damages in this type of case include:
- Medical care costs, possibly including surgery if necessary
- Physical, occupational, and speech therapy
- Prescription medications
- Ongoing care costs
- Mobility tools and other assistive devices
- Out-of-pocket expenses related to your child’s medical condition
- Pain and suffering
- Other noneconomic damages
Statute of Limitations in These Cases Vary Based on State Law
How long you have to take legal action in a premature birth and cerebral palsy birth injury case depends on where your child was born, and the state laws in effect there. Each state has its own statute of limitations for medical malpractice claims, ranging from one year to several years after the discovery of the condition. In addition, some stop the clock from running because the child is a minor, and it does not start until the child turns 18.
In others, though, beware of the statute of repose. This puts an overall deadline on how long you have to hold the doctor or another medical care provider liable, regardless of the age of the victim. Your attorney will be able to explain the laws in your state and ensure you meet all applicable deadlines.
Talk to an Attorney About Your Child’s Cerebral Palsy Linked to Premature Birth
If you believe your child suffers from cerebral palsy because of medical negligence or a medical error on the part of a doctor or hospital, the Birth Injury Lawyers Group can connect you with an attorney who will evaluate the merits of your case for free. You can talk with an attorney today who knows that premature birth is linked to cerebral palsy, and handles this type of case in your state. Call 1-800-222-9529 to get started.
If your attorney determines you have a viable case, they may be able to take legal action on your child’s behalf with no out-of-pocket expense for your family. Learn more during your initial consultation.