Caring for someone with cerebral palsy may leave a tremendous financial, physical, and emotional impact. Many parents of children with the condition bear this burden by themselves, which you should not have to do if your child’s CP resulted from someone else’s negligence.
Cerebral palsy may be caused by damage that occurs during pregnancy or delivery. If a healthcare professional’s negligence led to your child’s cerebral palsy in Miami, Florida, you may be entitled to receive compensation that may help you pay for ongoing treatment, medicines, and therapy.
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How a Miami Cerebral Palsy Lawyer Can Help
When you hire a birth injury lawyer in Miami, we’ll get to work immediately to make sure your family is taken care of. We’ll sit down and discuss what the next steps are and how we will handle your personal injury claim.
Gathering Evidence to Prove Malpractice
One of the most important components of a cerebral palsy lawsuit is proving the fault of the medical professionals that treated you. That is done by showing that their negligence caused complications that are linked to your child’s brain damage during, before, or after labor.
Our experienced birth injury attorneys will look through documents and interview witnesses to find out what exactly happened. With that information, we’ll build a case to prove that you’re a victim of malpractice.
Calculating Damages and Negotiating With the Insurance Company
After we gather evidence of wrongdoing, our lawyers will calculate the damages you’ve already incurred and any possible future costs. Your medical expenses are due to someone else’s malpractice, so we need to know how much compensation you may be able to get.
We’ll make sure the insurance company doesn’t bully you out of your settlement. They don’t want to pay you everything you deserve, so you need someone on your side who has the experience to avoid their tricks.
Fighting for You in Court
Most cerebral palsy lawsuits are settled outside of court. However, there is a small chance that your case will go to trial if the insurance company won’t agree on a settlement. In that case, our team will fight to make sure you get the most compensation possible for your family.
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How Medical Malpractice Causes Cerebral Palsy
The group of disorders known as cerebral palsy results from a disrupted or abnormal development of the brain. According to the Centers for Disease Control (CDC), these abnormalities may be linked to a disruption in brain development before a baby is born. Under some circumstances, that disruption could have potentially been prevented.
A wide variety of factors may lead to abnormal or disrupted brain development. The medical professionals caring for a mother throughout her pregnancy and delivery should be mindful of conditions that may prompt these negative factors. Some potential catalysts for this type of injury to the brain may include:
- Infections in the mother
- Infant infections
- Bleeding in the brain
- Oxygen deprivation
- Fetal stroke
- Traumatic brain injury
Obstetricians and other healthcare providers who participate in the pregnancy and delivery process should know the risk factors that may cause these outcomes. If medical professionals do not meet a standard of care, they are guilty of medical malpractice.
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Establishing a Medical Provider’s Negligence
Your right to pursue compensation from a medical provider for your child’s cerebral palsy may depend on your ability to prove four essential arguments:
- Your medical provider owed you a duty of care to act in a way that a healthcare professional in the same position would.
- The healthcare provider violated this duty of care.
- This breach of duty led to your child’s cerebral palsy.
- You suffered economic and non-economic damages as a result of the injury.
There are many aspects of pregnancy and delivery that a Miami cerebral palsy lawyer may be able to investigate to determine if you and your child suffered from a medical professional’s negligence.
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What Damages Can I Recover for Birth Injuries?
No two cases of medical negligence or malpractice are exactly the same. As such, the damages you may recover could be different from the compensation entitled to another parent suing a potentially negligent doctor. However, the following types of damages are often connected with this type of claim:
- Doctors’ and surgeons’ fees
- Physical therapy
- Lost wages
- Mental anguish
- Emotional distress
- Loss of consortium
- Diminished quality of life
- Pain and suffering
- Diminished potential earnings
A lawyer may review your medical records and evidence from an investigation to determine the value of your case. We will present a damage letter to the insurer of the negligent party.
When Should I Get in Touch With a Birth Injury Attorney?
According to Florida Revised Statutes § 95.11, the statute of limitations for medical malpractice is two years from the date of the incident. However, if you discover your child’s condition any time after a doctor’s medical negligence, you have two years from that date to file your case. This extension is typically afforded within four years of a doctor’s mistake.
That being said, the sooner you hire a Miami cerebral palsy lawyer, the better. We need to investigate your case, collect evidence, and prepare to help fight for compensation as soon as we can.
A Miami Cerebral Palsy Lawyer May Be Able to Fight for Your Compensation
The skilled attorneys from the Birth Injury Lawyer Group are ready to help you and your family make sure your children are taken care of. We want you to be able to do what is necessary to make your child’s life easy and painless.
We’re here for you 24/7. Contact us for a free case review today. We are here to help your family get back on track so your child can enjoy an independent future.