A Newark cerebral palsy lawyer may be able to build a case and help you recover compensation based on your child’s diagnosis. If there is evidence to show your child suffered a preventable birth injury caused by medical negligence, your attorney can gather evidence. If necessary, they may be able to take your case to court or negotiate for a settlement outside of court.
To learn if you may qualify to take legal action based on your child’s birth injury and diagnosis, call the Birth Injury Lawyers Group today at (800) 222-9529. We will evaluate your potential medical malpractice case and determine if you can hold the doctor or hospital responsible.
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How Cerebral Palsy Affects a Child
Cerebral palsy is a group of movement and motor disorders that occur as a result of a birth injury to the brain. While cerebral palsy can be caused before birth in the developing brain, it may also occur as a result of a preventable injury during or just after birth.
Cases of cerebral palsy and their symptoms vary widely. While some children with cerebral palsy may require the use of a wheelchair for mobility, between 50 and 60 percent of children diagnosed with cerebral palsy are able to walk independently, according to the Centers for Disease Control and Prevention (CDC).
Cerebral palsy may cause children to have:
- Delays in meeting average movement milestones for babies
- Rigid muscles and spastic movements
- Muscle responses in the neck that may be too rigid or too floppy
- An unusual or lopsided crawl as a baby
- Weakness or poor coordination that affects one arm, one leg, one side of the body, or all limbs
- Swallowing difficulties
- Tremors
- Difficulty with gross or fine motor skills
Some children also experience additional symptoms related to their brain injury, such as intellectual disabilities, seizures, unusual perceptions of pain, and other concerns. Addressing these co-occurring conditions and cerebral palsy symptoms with therapy, treatment, and medications may significantly improve the child’s quality of life.
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Pursuing a Cerebral Palsy Birth Injury Case in New Jersey
If the risk factors that caused your child’s cerebral palsy should have been prevented or managed, you may have a case to hold the doctor who monitored your child’s pregnancy and birth responsible. Alternatively, it may be possible to build a case against the hospital where they were born.
These cases require working with a medical expert witness who can speak to the standard of care required for pregnancy monitoring and birth. They provide crucial evidence in a medical malpractice case. They can testify about how the medical care providers in your child’s case may have violated an expected standard of care, acting negligently.
According to New Jersey (NJ) Rev Stat § 2A:53A-27, New Jersey law also requires your lawyer to have a medical expert who will provide an affidavit certifying there is a “reasonable probability” of malpractice in your case.
A Newark cerebral palsy lawyer can help you get started today if you qualify to take legal action. A staff member from the Birth Injury Lawyers Group can evaluate the merits of your case and determine your options at no cost to you. Call (800) 222-9529 to get started now.
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Recovering Compensation to Pay for Your Child’s Treatment and Care
Cerebral palsy is a lifelong condition that can limit a person’s independence, and in some cases, may require around-the-clock care and support. The costs of this care add up quickly. In addition to holding the negligent doctor or another care provider responsible, you may be able to recover compensation to cover your child’s current and future treatment and care.
This could include:
- Expenses related to your child’s diagnosis and testing
- Treatment, therapy, and related medical care costs
- Future medical treatment and care costs
- Ongoing care and support needs
- Wheelchairs, canes, crutches, and other assistive devices
- Pain and suffering
- Mental anguish
- Other intangible losses
Other types of damages, including punitive damages, may be possible in a birth injury case. There may be limits on these damages under New Jersey law. Assigning monetary values to your economic and non-economic damages is difficult to do on your own. For this reason, you should consider working closely with your cerebral palsy lawyers in evaluating the harm you and your baby suffered and using specialized methods to calculate intangible losses, such as pain and suffering.
Your Newark cerebral palsy lawyer from the Birth Injury Lawyers Group can help you pursue compensation in your case. Your lawyer can also speak with you more about the forms of losses you may be able to claim in a birth injury case.
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Take Action in Your Case While There Is Time Remaining
Under New Jersey (NJ) Rev Stat § 2a:14-2, New Jersey limits how long you can wait to begin a medical malpractice birth injury lawsuit. Like other states, they also have special rules that apply when the victim is a minor or suffers a birth injury. This rule may apply to your child’s cerebral palsy birth injury case.
While this likely gives you more time to file your civil suit and hold the doctor responsible, it also makes determining the timeline in your case more complex. One way to ensure you do not miss any important deadlines is to enlist the help of a Newark birth injury attorney as soon as possible after your child’s diagnosis.
There are also additional deadlines you will need to meet every step of the way once your case begins. Your lawyer will be familiar with these deadlines and can ensure your case remains on track.
Speak with a Team Member of the Birth Injury Lawyers Group
If your child’s birth injuries occurred as a result of medical negligence, you have a right to build a case against the doctor, hospital, or another liable party and hold them responsible. To learn if you may have a viable medical malpractice birth injury case, a member from the Birth Injury Lawyers Group team can review your family’s case for free. If we believe you qualify, you can get started today.
For help understanding your case and your rights, reach out to our team by calling (800) 222-9529 now.
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