While some cerebral palsy cases are unavoidable, others are caused by medical negligence. If your child developed this condition due to negligence, an Arizona cerebral palsy lawyer can help you pursue compensation.
Birth Injury Lawyers Group has been advocating for families in Arizona since 2003. If your child acquired cerebral palsy due to a doctor’s negligence, a cerebral palsy lawyer in San Tan Valley can help you seek justice.
How a San Tan Valley Cerebral Palsy Lawyer Can Help
Cerebral palsy cases can be complex. Our cerebral palsy lawyers can help by:
- Gathering evidence: Medical records and expert testimony can help show how errors made by doctors resulted in your child’s cerebral palsy.
- Calculating your damages: We can assess the full cost of your child’s care, including future medical expenses, therapy, and lost earning potential, to determine your claim’s true value.
- Negotiating a settlement: Insurance companies strive to minimize birth injury payouts. We can negotiate on your behalf and work to secure a fair settlement.
- Handling litigation: If a settlement isn’t reached, we can advocate for you and your family in court.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Types of Compensation Are Available?
You can recover several types of damages in a cerebral palsy case, including:
- Medical expenses: You can recover the cost of hospital stays, surgeries, medications, and ongoing treatment for your child.
- Therapy and rehabilitation: You can seek compensation for physical therapy, occupational therapy, and speech therapy.
- Assistive devices: You can recover compensation for wheelchairs, communication devices, and other necessary equipment.
- Home modifications: You can pursue compensation for renovations that improve accessibility and safety for your child.
- Lost earning capacity: You receive compensation for the income your child will no longer be able to earn in the future.
- Pain and suffering: You can seek damages for the physical discomfort and distress your child has experienced.
- Caregiver costs: You can recover expenses related to in-home care or specialized assistance.
- Punitive damages: In rare cases, you can pursue additional compensation meant to punish especially reckless or egregious misconduct.
An Arizona birth injury lawyer can help you put together a comprehensive claim.
San Tan Valley Cerebral Palsy Lawyer Near Me (800) 222-9529
How Long Do You Have to File a Birth Injury Claim in Arizona?
Under A.R.S. § 12-542, you typically have two years from the date an injury occurs (or from when it reasonably should have been discovered) to file a medical malpractice claim in Arizona. However, if the injured party is a child, this two-year clock does not start until they turn 18 years old.
A cerebral palsy attorney in San Tan Valley can help make sure you file your claim on time.
"We know first-hand what you are going through."
How Do You Prove a Cerebral Palsy Case?
Winning a cerebral palsy case requires more than showing that your child has the condition. You must connect the injury directly to a healthcare provider’s negligence by proving the following:
- Duty of care: The provider had a responsibility to deliver competent medical care.
- Breach of duty: The provider’s care failed to meet accepted medical standards.
- Causation: This failure directly caused the brain injury leading to cerebral palsy.
- Damages: The injury resulted in measurable financial and personal losses.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Signs of Medical Negligence in Birth Injury Cases
It’s not always obvious whether cerebral palsy was caused by medical malpractice. However, certain red flags may indicate that something went wrong.
Common signs of negligence include:
- Lack of timely intervention: Medical staff failed to respond quickly to complications during labor.
- Inadequate monitoring: Fetal heart rate or maternal health was not properly tracked.
- Poor communication: Critical information was not shared among medical providers or with the parents.
- Incomplete medical records: Missing or altered records can raise concerns about the quality of care provided.
What Causes Cerebral Palsy?
Types of medical mistakes that cause cerebral palsy include:
- Oxygen deprivation: A lack of oxygen to the baby’s brain during labor or delivery can result in permanent damage.
- Delayed C–section: Failing to perform a timely cesarean section in response to fetal distress can increase the risk of injury.
- Improper use of delivery tools: Misuse of forceps or vacuum extractors can cause trauma to the baby’s head.
- Untreated infections: Maternal or fetal infections that go untreated can contribute to brain damage.
- Failure to monitor fetal distress: Ignoring abnormal heart rate patterns or other warning signs can result in preventable complications.
What Is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. It is caused by damage to a developing brain, often occurring before or during birth. The effects of the condition can vary from mild motor issues to significant physical and cognitive impairments.
Common symptoms of cerebral palsy include difficulty with coordination, muscle stiffness or weakness, involuntary movements, and developmental delays. Since cerebral palsy is a lifelong condition, patients often require ongoing medical care.
What to Do If You Suspect Medical Negligence
If you believe your child’s cerebral palsy may be linked to a medical error, you should:
- Request medical records: Obtain all documentation related to your pregnancy, labor, and delivery.
- Document your child’s condition: Keep detailed records of your child’s diagnoses, treatments, and developmental progress.
- Seek second opinions: Additional medical evaluations can help clarify the cause of your child’s condition.
- Avoid speaking with insurers: Insurance companies may try to limit their liability or pressure you into accepting a quick settlement.
- Get legal assistance: A birth injury lawyer can assess your case and advise you on what to do next.
Consult a Cerebral Palsy Attorney in San Tan Valley
A cerebral palsy diagnosis can have life-changing consequences. If your child developed this condition due to medical negligence, a San Tan Valley cerebral palsy attorney from Birth Injury Lawyers Group can help you take legal action and recover the compensation your family deserves.
Schedule a free case evaluation to find out how you can get justice for your child.
"We are committed to helping families who have suffered medical negligence."