A cerebral palsy attorney in Maryland can help if you suspect your child isn’t developing the way they should be. One of our experienced Birth Injury Lawyers, specializing in cerebral palsy, can help you find qualified medical experts to answer your questions and investigate the cause of your child’s neurological disorder.
A condition such as cerebral palsy can be devastating for the baby but also for the family. Medical treatment, rehabilitation therapy, and psychological counseling are expensive, and in many of these cases, they will be needed long-term. So consider talking to an experienced cerebral palsy lawyer if you are interested in recovering damages.
For a free legal consultation with Maryland Cerebral Palsy lawyer, call 1-800-222-9529
A Birth Injury Lawyer Explains Cerebral Palsy
Cerebral palsy is a group of non-progressive conditions that affect a baby’s brain and can be caused by a birth injury. Children with this condition can present impaired motor skills, muscle weakness, epilepsy, and cognitive and communication problems. It is important to get appropriate medical care and to talk to a Maryland birth injury lawyer, particularly when medical malpractice plays a role.
Causes of Cerebral Palsy
Cerebral palsy can be caused by congenital malformation, which means the condition was already present in the child at birth. In those cases, filing a legal claim may be complicated since there is no liable party to point at.
However, many cerebral palsy cases could have been prevented. The second most common reason for that condition is birth injuries caused by medical negligence. Brain damage can be caused by a lack of oxygen or trauma during labor and delivery. Your cerebral palsy lawyer can assist you in a case like that and help you pursue damages.
These are some of the labor and delivery events that are commonly associated with cerebral palsy and medical malpractice claims:
- Birth trauma
- Using forceps during delivery
- Uterine rupture during labor
- Fetal distress
- Placental abruption
- Cord prolapse
- Oxygen deprivation
If your baby shows common symptoms or you experienced any of those circumstances during labor, you should contact a birth injury attorney as soon as possible.
Maryland Cerebral Palsy Lawyer Near Me 1-800-222-9529
Maryland Statute of Limitations in Cerebral Palsy Cases
Understanding the statute of limitations for medical malpractice lawsuits is crucial when it comes to pursuing legal action for a birth injury such as cerebral palsy. In Maryland, the statute of limitations for birth injury cases, including cerebral palsy, is generally three years from the date of the child’s birth. However, there are exceptions and variations that your attorney can explain in detail.
Additionally, in cases involving minors, such as a child with cerebral palsy, the statute of limitations may be extended. Maryland law provides a legal mechanism known as tolling, which suspends the statute of limitations until the child reaches 18 years old. This extension grants parents or guardians the opportunity to pursue legal action on behalf of their child.
Click to contact our Maryland Cerebral Palsy lawyers today
A Cerebral Palsy Claim Can Affect Your Family and Finances
Diagnosing cerebral palsy in an infant can be challenging, and it may take some time to discern the extent of the condition. You can monitor things such as movement and cognitive development to screen your child for complications. If you are worried your child isn’t hitting the proper developmental milestones, you can seek the guidance of a medical professional who can start a process to give a comprehensive diagnosis.
If you learn your child does have cerebral palsy, this can have a significant impact on your life. Your child may need physical therapy and special equipment to assist with their movement. Doctor visits may become frequent, and accommodations to your home and car may be required to ensure the best quality of life for your family. The expenses from this can add up quickly, but one of our Maryland CP attorneys can get you the help you need if the birth injury is caused by medical malpractice.
We understand that you may feel overwhelmed when trying to pursue justice after a birth injury medical malpractice case. One of our Maryland cerebral palsy attorneys will be able to help you explore your best options and be your legal advocate.
Complete a Free Case Evaluation form now
Examples of Negligence in a Birth Injury Case
The largest medical malpractice verdict in U.S. history was awarded to a family from Maryland after a mother was given terrible advice before her labor. The mother was 25 weeks along and got admitted due to severe preeclampsia. The baby needed to be saved, but doctors told her the baby would die or suffer brain damage if a C-section was performed.
Over the 22-hour natural labor that followed, the baby did not get enough oxygen and ended up with a brain injury that led to spastic cerebral palsy. Now the child needs 16 hours of skilled nursing care each day.
The jury awarded the family $229 million, which was reduced to $205.38 million thanks to a cap on pain and suffering damages in Maryland. However, the hospital has been denied a new trial, which should assure the family that they can get the money they need for this clear case of negligence for years to come.
Birth Injury Funds Aren’t the Way to Go, According to Some Parents
Some states are considering establishing birth injury funds to pay for cases of birth injuries. Hospitals would pay into the system, and families would be paid for by the fund for necessary medical care. However, some families think this is a bad idea.
A Maryland mother explained her reasoning in an article from the Baltimore Sun. She has a daughter with spastic quadriplegic cerebral palsy and epilepsy. Due to the severity of her disability, her parents sought out experimental treatments and rare surgeries to give her the best chances of improvement.
The family was able to raise the money for the treatments, and their daughter has had an excellent recovery. However, the mother argues that if they were forced to use money from a birth injury fund, the fund would never have approved these kinds of treatments. It would remove the right for parents to decide what kind of medical care they want for their children.
It is a thorny problem with no easy answers. The state wouldn’t want to waste money on an unproven treatment, especially an expensive one, but many traditional treatments may not work as well as parents would like. They could be painful or have long recovery times, like the surgery that this family chose to forego in favor of a newer form of surgery that only two doctors in the country knew how to do.
Community Pitches In to Buy Wheelchair for Kindergartner With Cerebral Palsy
One of the big challenges parents of children with severe CP face is the cost of wheelchairs. It’s not a one-time purchase. As their child grows, they soon outgrow the wheelchair, and wheelchairs are not cheap.
One lucky six-year-old got a gift from the local community of a new wheelchair after he outgrew his old one, NBC 4 Washington reports.
Abenezer has reason to smile after his classmates at Ashburton Elementary in Montgomery County with a new wheelchair. He had one before, but it was a hand-me-down that he was outgrowing fast. It didn’t even have his name on it.
When a paraeducator saw the wheelchair and the boy’s struggles with it, he knew he had to do something. So he started a fundraiser. In less than 24 hours, the community managed to raise the money for the new chair.
The boys’ father stated that Abraham is very happy with the new chair. He now has more freedom to move and has shown greater confidence in the classroom. The chair is large enough that it should keep up with Abraham’s growth for 4-5 years.
Payment for medical equipment and upgrades over time is just one of the things that go into a damages calculation for a birth injury lawsuit. These costs can be much higher than you think.
Maryland Considering Making Birth Injury Fund After Record Verdict
Maryland is considering creating a fund specifically for paying for birth injuries after a hospital was slapped with a record verdict, as reported by the Baltimore Sun.
The hospitals are suggesting the creation of a fund that still involves the court system. The fund will pay for lifetime care who win judgments or settlements but eliminate lump-sum payments. Instead, the fund would pay for lifetime care on an as-needed basis to pay for injured babies.
Insurance costs for obstetrical care have caused some hospitals to consider closing down their units. The creation of the fund would help control those costs. Families would still have to go through the legal system to access the fund, and lawyers would be paid out of it as well.
The hospitals believe that this will provide enough stability to hospital payments that they’ll feel comfortable providing high-risk care like OB/GYN services while still giving families the care they need if a child is injured during birth.
However, some are opposed to the measure because the hospitals plan to raise rates to cover the costs of the new fund. According to them, it would transfer the risk away from the hospitals and force taxpayers and patients to pick up the costs for the hospital’s mistakes. There are also worries about money running out. New York is facing this issue with its own fund.
Talk to a Cerebral Palsy Lawyer in Maryland
Cerebral palsy is a devastating condition that can affect the baby’s life and future and the family’s finances since rehabilitation and treatments can be overwhelmingly costly. However, when the condition was caused by a birth injury, you may be able to pursue compensation from the hospital or their insurance.
However, there are many steps to take and information to consider before filing a legal claim. It is also important to remember that you won’t be dealing with hospitals and doctors but their insurance and attorneys, so hiring a lawyer may be necessary, particularly if you want to pursue compensation for damages. Contact a Maryland cerebral palsy lawyer today for a free consultation.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form