Signs of cerebral palsy may not appear in your child until months or years after they are born. Regardless, the injury that caused their condition could have occurred in the womb or during childbirth.
Medical malpractice can be a cause of cerebral palsy. If you are able to prove this, your family may be able to recover compensation for your medical expenses, future costs of treatment, lost wages, and more.
A medical malpractice case can require significant time and evidence gathering. The South Bend cerebral palsy lawyers with the Birth Injury Lawyers Group has the resources to dedicate to your case and can do so on a contingency-fee-basis where you make no up-front payments to us.
We represent South Bend families in medical malpractice cases. For a free consultation on your case and to learn about your legal options, call the Birth Injury Lawyers Group at (800) 222-9529.
For a free legal consultation with South Bend Cerebral Palsy lawyer, call 1-800-222-9529
Determining the Cause of Cerebral Palsy
There are a number of factors that can cause cerebral palsy. Some, like a genetic cause, are unavoidable.
Unfortunately, doctor error has been a cause for other cases of cerebral palsy. When this occurs, the doctor may be held liable in a medical malpractice case.
Negligent care that can cause cerebral palsy includes:
- A doctor failing to identify and treat a prenatal infection in the mother that affects the baby
- An undetected condition that limits the blood a baby receives in the womb or during delivery
- The baby’s diminished or cut-off oxygen supply during delivery
- A doctor failing to screen and prepare for a complicated delivery
- The use of excessive force during the delivery or the newborn receiving a traumatic brain injury (TBI)
- Negligent use of delivery tools such as forceps or a vacuum extraction device
As you can see, medical malpractice can occur if a doctor is not thoroughly monitoring a patient for symptoms that could cause cerebral palsy in the baby. Malpractice can also occur if the doctor does not take precautionary measures and creates a difficult delivery where your child is injured. If you feel like a doctor was negligent to you or your child’s care in any way, it is worth investigating.
The determination of whether or not malpractice occurred in pregnancy or childbirth is complex. That is why the South Bend cerebral palsy lawyers with the Birth Injury Lawyers Group hires medical experts to examine your case and help us produce evidence.
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Damages Possible in a Cerebral Palsy Case
As you may have realized, the treatment for cerebral palsy is extensive. It is important to document the costs of all of your child’s cerebral palsy-related needs for a medical malpractice action.
Possible damages your family may be able to recover in a cerebral palsy case include:
- The costs of medical care you received that was deemed negligent
- The costs of diagnosing and treating your child’s cerebral palsy
- You child’s ongoing therapist, specialist, and medical needs
- Specialized caretakes and educators
- Any lost wages or reduced earning income either parent sacrifices in order to care for the child
- Pain and suffering
Because there is no cure for cerebral palsy, your child may require treatments and be dependent on you into their adult years. Our lawyers will estimate these costs and produce evidence that demonstrates them for settlement negotiations or to present in court.
To learn about what specific compensation may be available to your family, speak to a South Bend cerebral palsy lawyer with the Birth Injury Lawyers Group at (800) 222-9529.
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Use Caution When Speaking With Insurance Companies
If the doctor or hospital’s insurance company is aware of the malpractice that caused your child’s cerebral palsy, they may contact you with a settlement offer. This offer could provide cash your family needs, but it is important to carefully evaluate an initial offer. Unfortunately, some insurance companies may give you a lower offer than you deserve. Language in their settlement offer may also prevent you from recovering more money later should you realize you have additional costs.
You do not need to accept an insurer’s initial offer. You can present them with evidence of greater losses and negotiate for a higher amount or sue them in court and let a judge decide. If the Birth Injury Lawyers Group represents you, our firm will defend you in both cases.
We also advise that you use caution when speaking with an insurance company about your medical malpractice case, as they may be able to use statements you give them to reduce or deny your claim.
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Do Not Let the Statute of Limitations Expire in Your Case
Indiana has a statute of limitations in medical malpractice cases. If this window of time expires before you take legal action, you may lose your right to sue.
Our South Bend cerebral palsy lawyers can discuss what statute of limitations and other legal deadlines apply to your case when you call the Birth Injury Lawyers Group for a free consultation. Even if you think the statute of limitations has expired in your case, call us to see, as certain conditions may extend your time to sue.
Call the Birth Injury Lawyers Group To Get Started
If your South Bend family suspects medical malpractice caused your child’s cerebral palsy, you are not alone. The Birth Injury Lawyers Group represents South Bend families in these types of actions. We will manage your casework and defend your rights while you spend time with your family.
For a free consultation, call our firm now at (800) 222-9529. The Birth Injury Lawyers Group operates on a contingency-fee-basis, which means you do not pay us up front for representation. Our payment only comes as a percentage of your settlement offer or awards in court if your medical malpractice action succeeds.