Cerebral palsy (CP) can affect your child’s coordination, ability to walk, and general quality of life as a permanent injury that can improve with treatment. Parents of children with this common birth injury have somewhere to turn when they struggle to cope with the costs of giving their child the best possible life.
Our team of cerebral palsy lawyers wants to ensure you have the resources you deserve. Our experienced lawyers will consult with you to plan what lies ahead and possible causes for your child’s condition, including malpractice.
For a free legal consultation with Delaware Cerebral Palsy lawyer, call 1-800-222-9529
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. Your child could have developed the disorder due to common situations such as:
- 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.
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Types of Cerebral Palsy
According to the Centers for Disease Control and Prevention, there are three common types of cerebral palsy. The three types of the group of disorders can vary greatly in terms of movement disorder, but all forms of CP are a result of brain injuries. The types are:
Spastic Cerebral Palsy
This type of CP 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.
People with the spastic form of CP usually experience difficulty performing everyday movements and often require years of physical therapy. 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.
- Vision, speech, and hearing issues.
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 is often injured, the part of the brain responsible for balance and coordination.
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.
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The Cost of Coping With Cerebral Palsy and How We Can Help
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 for:
- Medical expenses
- 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 can work to get you a fair settlement so you can focus on caring for your child.
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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.
To prove a liable party’s negligence, our lawyers must prove four elements of negligence. These elements are:
- 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 professional 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: As a result of the breach of duty, your child must have suffered injuries that led to CP. 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 personal injury lawyers can prove these four elements of negligence, you may be eligible to recover compensation in a birth injury claim.
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. It can take time to notice your child’s condition, though. If you don’t notice your child’s condition immediately, the deadline is extended to three years.
In both situations, it’s essential that you 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 on time, and when you meet with us, we can tell you exactly how long you have to file.
How Our Law Firm Deals With Insurance Companies in Cerebral Palsy Lawsuits
After a hospital’s or doctor’s malpractice results in your child developing cerebral palsy, your lawyer will primarily deal with the doctor’s insurance company. We understand these meetings can be time-consuming and stressful, but obtaining adequate compensation for your case is necessary. Our Delaware cerebral palsy attorneys are ready to take on the insurance company as you care for your child.
Our founding attorney, Robert Goldwater, has personal experience of his children having to go through extensive medical care due to less-than-excellent hospital care. And that motivates him and our team to provide strong specific evidence of the malpractice and negotiate until we recover the financial compensation you and your child deserve.
We’re ready to shut down the insurance 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.
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 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.