Cerebral palsy (CP) is a life-changing condition that affects many Kentucky children. Learning that your newborn has CP can be devastating news, and you may be unsure of what to do next. If this condition affects someone in your family, you can turn to a cerebral palsy lawyer in Kentucky for answers.
At Birth Injury Lawyers Group, we have contacts with medical experts who can help explain what lies ahead for your family and look at what may have caused the problem. If the CP was caused by medical negligence, you could get damages.
During our practice, we have recovered over $750 million for our clients. We have helped many families recover the money they need to provide a better future for their children; let us help you, too. Call our Cerebral Palsy lawyers today for a free case evaluation.
Experienced Legal Guidance for Birth Injury Victims and Their Families
When your child receives a cerebral palsy diagnosis, it can change your family’s life forever. However, you don’t have to face this difficult journey alone. Our legal team offers compassionate support to families of newborns with birth injuries.
We serve families in need across Kentucky; find your legal representative today:
Our team wants to help you pursue justice and ease the burdens you carry. With our help, you can build a more comfortable life for your child and family. At our law firm, we are proud to have a long history of successful case results; we can help you win the money you need.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Does Your Newborn Have Cerebral Palsy?
Cerebral palsy is a neurological disorder that primarily affects movement and posture, arising from abnormalities or damage to the developing brain. This condition manifests in various forms and degrees, leading to difficulties in muscle coordination, control, and balance.
Individuals with cerebral palsy may experience challenges in motor skills, which can range from mild to severe, impacting their ability to perform daily activities. It may be difficult to tell if your infant has CP, but an indicator may be that your child lacks proper muscle tone. You may also notice they miss certain developmental milestones, have poor posture, or lack coordination.
Diminished motor functions are often a result of cerebral palsy, and the severity of that varies from patient to patient. In more severe cases, you may need to make accessibility to your home or vehicle tailored to your child’s needs.
Kentucky Cerebral Palsy Lawyer Near Me (800) 222-9529
Common Causes of Cerebral Palsy
Sometimes, having cerebral palsy is unfortunately unavoidable, as infants are born with the condition. However, there can be other causes for CP. Sometimes, problems can occur during the pregnancy, labor, or even immediately after birth.
Different mistakes by a healthcare provider could cause a loss of oxygen to your child’s brain, and this could cause brain damage, resulting in cerebral palsy. Some births are more complicated than others, and that can require close monitoring and reaction from medical professionals.
Common types of medical errors that can lead to cerebral palsy include:
- Delayed or incorrect diagnosis during pregnancy or childbirth.
- Inadequate monitoring of fetal distress.
- Improper use of medical instruments during delivery.
- Delayed or inappropriate response to complications during labor.
- Medication errors, especially those affecting the mother or newborn.
- Surgical errors during procedures related to pregnancy or childbirth.
- Infections in the mother that are not promptly treated.
Doctors have a duty of care to ensure they act within a certain standard to provide adequate care, and when they fail to do so, they are responsible for the harm they cause you and your child. A Kentucky cerebral palsy lawyer from our team can prove if a medical professional breached their duty of care.
"We know first-hand what you are going through."
Who Is Liable for Your Newborn’s Cerebral Palsy?
One of the aspects that makes birth injury cases so complicated is the high number of people who could be responsible for the harm caused. Correctly identifying the defendant can be difficult without professional legal assistance.
Parties that could be liable for your child’s cerebral palsy include:
- Healthcare providers
- Hospitals or birthing centers
- Hospital staff or midwives
- Obstetricians or gynecologists
- Pediatricians
- Anesthesiologists
- Nurses or midwives involved in prenatal care or delivery
- Pharmaceutical companies
- Manufacturers of medical equipment or devices
As your cerebral palsy lawyers in Kentucky, we will investigate the circumstances that led to the CP and use different types of evidence to identify who is at fault. Then, we can chart the legal process for your case.
Who the defendant is will impact how we proceed with a claim. For example, if the responsible party is a doctor or a medical device manufacturer, the steps we need to take to hold them accountable are slightly different.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How to Prove Negligence in a Cerebral Palsy Case
In a birth injury case, negligence revolves around the failure of healthcare providers to uphold the standard of care expected in childbirth. If you noticed a breach of duty on the part of healthcare professionals, resulting in harm or injury to the mother or baby.
Your cerebral palsy attorney in Kentucky will focus on proving the following key elements to establish negligence:
- Duty of care: The healthcare provider owed a duty of care to the mother and child during pregnancy, labor, and delivery. This duty includes providing competent medical treatment consistent with accepted standards of care in obstetrics and neonatology.
- Breach of duty: The healthcare provider breached the duty of care by failing to adhere to established medical protocols or by deviating from accepted standards of practice. This could involve errors in judgment, failure to recognize and respond to signs of fetal distress, or negligent actions during prenatal care, labor, or delivery.
- Causation: There is a causal link between the healthcare provider’s breach of duty and the resulting cerebral palsy diagnosis in the child. The negligent actions or omissions directly contributed to or caused the brain injury that led to cerebral palsy.
- Damages: Your cerebral palsy lawyer in Kentucky will quantify the damages suffered by the child and their family as a result of the cerebral palsy diagnosis. This includes medical expenses, ongoing therapy costs, and diminished quality of life. We will seek fair compensation to address these damages through negotiations or litigation.
Compensation Available in Cerebral Palsy Cases
You may be concerned about mounting bills associated with your child’s cerebral palsy diagnosis. You do not have to deal with insurance companies or hospitals by yourself. The Birth Injury Lawyers Group can be your advocate.
You could recover the following damages through a cerebral palsy case:
- Past, current, and future medical care costs
- Lost work wages for missed time taking care of your child
- Accessibility modifications to your home
- Therapy and rehabilitation
- Long-term and in-home care
- Special education
- Mental anguish
- Physical pain and suffering
Our Kentucky cerebral palsy lawyers understand the profound and long-lasting impact of CP. We will use all available evidence to calculate how much money you spent after the diagnosis. By working closely with experts, we can also estimate how much more money you will likely spend.
You Have a Limited Time to File a Lawsuit in Kentucky
The statute of limitations determines how much time the injured victim or their representative has to file a lawsuit against the at-fault party. In Kentucky, most personal injury cases must be filed within a year, but the deadline for medical malpractice can extend up to five years due to the discovery rule.
Certain factors may also influence how much time you have to take legal action. Special provisions come into play when the victim is a minor. To learn the exact deadline for a case, consult an experienced Kentucky cerebral palsy attorney.
If you don’t meet the deadline, your case will likely be dismissed, and you may no longer recover fair compensation. To increase your chances of a successful outcome, seek immediate legal assistance. The sooner you call a lawyer, the more time they can dedicate to your cerebral palsy lawsuit.
Call Our Cerebral Palsy Lawyers in Kentucky
If your newborn was diagnosed with cerebral palsy, and you are unsure what to do next, give us a call. We understand the sensitivity and urgency of these cases and offer compassionate legal support throughout the legal process.
Our compassionate legal team in Kentucky will assist you with your medical malpractice case related to cerebral palsy. The Birth Injury Lawyers Group will protect your rights and ensure accountability for the responsible party.
Contact us today to discuss a legal strategy for your case.
"We are committed to helping families who have suffered medical negligence."