In some cases, babies with cerebral palsy suffered a brain injury as a result of medical negligence. If there is evidence that a doctor or another medical care professional caused or failed to prevent your child’s birth injury, you may have a case for compensation. A New Jersey cerebral palsy lawyer can help you take legal action if your case supports it. You could recover a settlement to help with your child’s treatment and care costs.
For a free legal consultation with Jersey City Cerebral Palsy lawyer, call 1-800-222-9529
Cerebral Palsy Includes a Number of Neurological Disorders
Cerebral palsy is not a single medical condition. Instead, it is a group of motor and movement disorders related to brain injuries and neurological damage. Even within the same disorder, cerebral palsy can affect children in dramatically different ways and to different extents. Some children require lifelong, around-the-clock care while others live independently with few limitations.
For instance, more than three out of every four children with cerebral palsy have the spastic form of the disorder, according to the Centers for Disease Control and Prevention (CDC). They experience rigid muscles and struggle to control their movements as a result.
This condition may affect only one region of the body or the entire body. It can also cause weakness, floppy muscle tone, inconsistent muscle tone, excessive drooling, difficulty speaking or swallowing, tremors, and other symptoms.
Some children also have additional medical concerns related to cerebral palsy, including:
- Intellectual disabilities
- Visual conditions
- Hearing loss
It may be necessary to address these coexisting conditions to better understand the child’s limitations or needs related to their cerebral palsy symptoms. Treatment for cerebral palsy will depend on the child’s unique needs but may include physical and occupational therapy, medication, and more.
For more information contact our cerebral palsy lawyer today.
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A Medical Expert Witness May Help Prove Your Malpractice Case
It will be necessary to have a good understanding of what caused your child to suffer a brain injury and what led to their cerebral palsy diagnosis. Without tying their diagnosis to medical negligence, it will be difficult or impossible to recover compensation.
If we believe your child’s doctor or the hospital failed to manage or prevent risk factors for this type of brain injury, a Jersey City cerebral palsy lawyer will help you build your case. This will include obtaining copies of the relevant medical records, reviewing your child’s diagnosis, and gathering information about their prognosis. We will also identify and work with a medical expert witness who will provide key information for your case.
You will need to have an affidavit of merit from a medical expert that states there is a “reasonable probability” that malpractice caused your child’s birth injury, per New Jersey (NJ) Rev Stat § 2A:53A-27. This medical expert can also provide additional information to your case. In many cases, an expert witness provides crucial evidence that helps demonstrate medical malpractice caused a birth injury.
To get help with your case today, reach out to the Birth Injury Lawyers Group by calling (800) 222-9529.
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Pursuing Compensation in a Jersey City Cerebral Palsy Case
Your Jersey City medical malpractice attorney can gather information about your family’s financial expenses related to your child’s treatment and care, including necessary future and ongoing care costs. This may require working with medical experts, economists, and others. This allows you to seek damages that include:
- Diagnosis-related medical testing and evaluation
- Cerebral palsy treatment and care for related conditions
- Future medical and care needs
- Therapy and support expenses
- Wheelchairs, canes, and other related devices
- Pain and suffering
- Mental anguish
- Other non-economic losses
Additional Compensation May Be Available
In some New Jersey birth injury cases, the court may award punitive damages. These damages are meant to punish the liable parties and work to prevent similar injuries in the future. Your lawyer can explain if punitive damages may be possible based on the details of your child’s injuries. There are limits on punitive damages under New Jersey malpractice law.
Statutes of Limitations for New Jersey Birth Injury Cases
There is a statute of limitations that restricts the time you have to file a medical malpractice case in New Jersey, according to New Jersey (NJ) Rev Stat § 2a:14-2. However, this statute permits a longer timeline for birth injury cases.
Determining the timeline based on this statute can be complicated. Working with a Jersey City birth injury medical malpractice lawyer will ensure you apply the correct deadline in your case and meet any subsequent deadlines related to the claims process or your legal case. Such deadlines are important to follow in order to pursue your right to compensation.
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Let Our Team Review Your Child’s Birth Injury Case for Free
You can get help from a Jersey City cerebral palsy lawyer by talking to a member of the Birth Injury Lawyers Group team today. We provide free consultations for families whose children have cerebral palsy diagnoses. We can determine if your child’s birth injury will likely support a legal case against the doctor, hospital, or another liable party.
To get started right away, call (800) 222-9529 now. A member of our team is standing by to discuss your child’s injury, diagnosis, and prognosis.