The birth of your child should be a purely happy occasion. However, medical negligence can have lifelong impacts on your child. Our Fort Myers cerebral palsy lawyers can help you hold negligent providers financially accountable.
Our Fort Myers birth injury lawyers will seek the fair compensation you need to take care of your little one. At Birth Injury Lawyers Group, our mission is to get answers for families affected by birth injuries.
Contact us today to schedule a free consultation.
How Can a Fort Myers Cerebral Palsy Attorney Help You?
You should be able to focus on your child and your family. Let us take on the hospital and its insurance company for you.
Our Florida birth injury lawyers will:
- Investigate the birth and follow-up medical care to find evidence of non-standard care
- Communicate and negotiate with the insurer and all involved parties on your behalf
- File all needed paperwork
- Represent your case in court, when necessary
- File any needed appeals if a claim is denied
Many insurers will try to undervalue a claim, and we will fight against that. For example, an insurer may offer a settlement that covers immediate medical expenses without accounting for the lifelong care your child may need. We’ll consult with medical experts to ensure that the full scope of your needs is covered in our compensation demand.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Much Does a Cerebral Palsy Lawyer in Fort Myers Cost?
Hiring our legal team will cost you nothing up front. We work on contingency, which means that the only time you will have to pay us is if we recover compensation for you. We can discuss what those fees would be at your initial free consultation.
Fort Myers Cerebral Palsy Lawyer Near Me (800) 222-9529
What Compensation Is Recoverable After a Birth Injury?
If a birth injury or other medical negligence caused your child’s cerebral palsy, then you may be able to recover compensation for a wide range of losses. What is the average settlement for cerebral palsy? The value of the claim depends on the exact circumstances of your case.
There are several types of cerebral palsy, and their long-term effects can vary significantly. For example, your child may be at Level 1 on the Gross Motor Function Classification System (GMFCS) scale. This means they may have minor mobility impacts. On the other hand, if your child is at Level 5 on the GMFCS scale, then they require 24/7 care.
You may be able to recover compensation for:
- Your child’s immediate medical bills, including emergency medical services
- Future expected medical costs, including ongoing physical therapy needs
- Assistive devices, including wheelchairs or other mobility aids
- Home or vehicle modifications needed to increase accessibility
- Lost wages, if you or another parent need to take time off work to care for your child
- Your child’s projected lost earning capacity for their lifetime
- Pain and suffering
- Emotional distress
We will seek the maximum compensation your family is entitled to.
"We know first-hand what you are going through."
What Is the Deadline for Recovering Compensation in Florida Cerebral Palsy Cases?
In Florida, you generally have two years to file a medical malpractice lawsuit. However, when minors are involved, this timeline changes.
Can you still file a cerebral palsy lawsuit years after? That will depend on the specifics of your case. Talk to your lawyer about the expected timeframe for your case.
In addition to the statute of limitations, getting started on your case right away can also be helpful for building a strong claim. For example, hospital records and evidence like witness statements may be easier to gather shortly after the incident occurred.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How Is Fault Proven in Fort Myers Cerebral Palsy Cases?
Proving fault depends on the circumstances of a case. There may be a single or multiple at-fault parties.
For example, potentially liable parties include:
- The OB/GYN or a midwife: As the primary medical provider for the pregnancy and the birth, your obstetrician or midwife is typically the one who makes any major medical decisions.
- An anesthesiologist: If anesthesia administration or dosage was mismanaged, or if they failed to properly monitor the mother and child’s vital signs, then the anesthesiologist could be held liable.
- Nurses: You can hold nurses liable in cases where monitoring of the patient(s) was mismanaged, or they failed to report something.
- The hospital: The hospital is typically liable for its staff. Additionally, if poor conditions in the hospital led to an issue, they may be the solely liable party.
To prove that negligence occurred, your lawyer will gather evidence like:
- Maternal health records
- Hospital records for the labor and delivery, including fetal heart rate monitoring
- Any communication between you and your medical provider or the hospital administration, such as letters or emails
- Witness statements
- Expert witness testimony
What Should You Do if Your Child Has Been Diagnosed With Cerebral Palsy?
If your child was diagnosed with cerebral palsy and you believe it was due to medical negligence, there are a few actions you can take to help with your claim.
These actions are:
- Keep any video footage or photographs of the delivery.
- Keep any written communication you’ve had with a medical provider or hospital staff.
- Ensure that you have records of your child’s diagnosis.
- Keep track of all records you have from the pregnancy, labor, and delivery.
- Document as much as you can from what you remember leading up to and after the birth, such as if a nurse noted any issues with your child’s oxygen levels.
- Avoid signing anything from the hospital or giving recorded statements to the hospital or their insurers without discussing it with a lawyer first.
- Keep track of your expenses related to your child’s medical care.
- Contact a Fort Myers cerebral palsy attorney as soon as possible.
Reach Out to Birth Injury Lawyers Group Today
If your child has cerebral palsy, you’re likely worried about what their future will look like. We’re here to help ensure that your child’s financial needs are met. Our team will treat you and your family with the compassion and empathy you deserve.
Reach out to us today to schedule a free consultation.
"We are committed to helping families who have suffered medical negligence."