Learning that your newborn has cerebral palsy (CP) can be traumatic. Your child’s and your family’s life will change forever. A compassionate Charlotte cerebral palsy lawyer will investigate what caused the condition and help you get compensation.
At Birth Injury Lawyers Group, with our nationwide network of attorneys, we can connect you with a North Carolina cerebral palsy lawyer who understands the complexities of these cases. Our team has recovered over $750 million for our clients so far.
We are known for record-setting verdicts and settlements throughout the United States. Call today for a free case evaluation.
Charlotte Cerebral Palsy Lawyers Who Genuinely Care
We understand firsthand the lifelong challenges that come with a cerebral palsy diagnosis. In 2002, our founder’s personal journey began when his triplets were born prematurely. All three required feeding tubes, and two were later diagnosed with cerebral palsy.
While their injuries were not caused by medical malpractice, this experience led to the founding of the Birth Injury Lawyers Group in 2003, driven by a desire to help other families handle the emotional, financial, and legal issues surrounding birth injuries.
We focus exclusively on birth injury cases and are committed to holding healthcare providers accountable for substandard care. Our cerebral palsy lawyers work with medical experts to investigate what went wrong and whether your child’s condition could have been prevented.
"If your child was born with a birth injury, or cerebral palsy, we can help."
What Is Cerebral Palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, posture, and coordination. It is the most common motor disability in children.
The condition is caused by abnormal brain development or damage to the developing brain. The brain injury affects the parts of the brain that control muscle movement and coordination.
Cerebral palsy is a lifelong condition, but it does not get worse in the sense that the underlying brain damage continues to progress. Still, a child’s symptoms can change over time. As children grow, they may need different treatments. Our Charlotte cerebral palsy lawyers will build a claim that also addresses your child’s future needs.
Starting treatment early can make a real difference. Many children with CP make progress with the right support and go on to lead active, fulfilling lives.
Depending on the child’s needs, treatment may include physical, occupational, or speech therapy, medications, mobility or communication devices, and, in some cases, surgery.
Charlotte Cerebral Palsy Lawyer Lawyer Near Me (800) 222-9529
Symptoms of Cerebral Palsy
The symptoms of cerebral palsy can vary widely depending on the type and severity of the condition. Some children may have mild muscle stiffness and slight coordination issues, while others may face severe physical disabilities and need lifelong care.
Common signs and symptoms include:
- Muscle stiffness or floppy muscle tone (hypotonia or hypertonia)
- Poor coordination and balance
- Delays in reaching developmental milestones (such as rolling over, sitting, crawling, or walking)
- Uncontrolled or involuntary movements
- Difficulty with fine motor skills (such as holding objects or writing)
- Problems with speech or swallowing
- Seizures or intellectual disabilities, in some cases
- Hearing or vision impairments
Symptoms typically appear in the first two years of life and can become more noticeable as the child begins to move or try to communicate. Our cerebral palsy lawyers in Charlotte will help you document your child’s symptoms.
"We know first-hand what you are going through."
Common Causes of Cerebral Palsy
Cerebral palsy is caused by brain damage or abnormal brain development that affects a child’s ability to control muscles and movement. Our Charlotte cerebral palsy attorneys have handled a wide range of cases.
Damage that leads to cerebral palsy can appear at different stages of development, such as:
Before Birth (Prenatal Causes)
Most cases of cerebral palsy happen during pregnancy. Causes can include:
- Infections during pregnancy (like rubella, cytomegalovirus, or toxoplasmosis)
- Poor oxygen supply to the brain (known as hypoxic-ischemic encephalopathy)
- Genetic conditions that affect brain development
- Exposure to harmful substances, such as alcohol or drugs
During Labor and Delivery (Perinatal Causes)
Complications during birth can also lead to CP, such as:
- Prolonged or difficult labor
- Umbilical cord problems that restrict oxygen
- Improper use of delivery tools like forceps or vacuum extractors
- Failure to detect or treat fetal distress
After Birth (Postnatal Causes)
A small number of cases occur after birth due to:
- Brain infections like meningitis or encephalitis
- Traumatic head injury (such as from a fall or accident)
- Severe jaundice that goes untreated
- Stroke in a newborn
In some cases, cerebral palsy is linked to medical negligence during prenatal care, labor, or delivery. When this happens, families may have the right to seek compensation through a birth injury claim. Birth Injury Lawyers Group will guide you through the process.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Medical Negligence Can Cause Cerebral Palsy
Medical malpractice happens when a doctor, nurse, or other healthcare provider fails to give proper care and causes harm as a result. If a medical professional makes a serious mistake that leads to brain damage, and that brain damage causes cerebral palsy, it may be considered malpractice.
Examples of medical malpractice that can lead to cerebral palsy include:
- Failing to monitor the baby’s oxygen levels during labor
- Not responding quickly to signs of fetal distress
- Delaying a necessary C-section
- Using delivery tools like forceps or vacuum extractors incorrectly
- Failing to treat infections in the mother or baby
- Not treating severe jaundice in the newborn
When medical providers don’t follow accepted standards of care and a child suffers a preventable injury, the family may have a legal right to compensation. A Charlotte cerebral palsy lawyer can investigate what happened and determine if malpractice played a role.
How to Prove Medical Negligence
To prove medical negligence in a cerebral palsy case, your attorney must show that a healthcare provider made a serious mistake and that this mistake caused your child’s condition. This usually requires strong evidence and expert medical opinions.
Here are the four main steps to proving medical negligence:
- The existence of a doctor–patient relationship: The medical provider has a duty to care for you or your child. This is usually easy to prove if the provider was involved in your pregnancy, delivery, or postnatal care.
- The provider failed to meet the standard of care: The doctor or nurse did not act the way a qualified professional should have under the same circumstances. This could include failing to monitor the baby, not responding to signs of distress, or making a delayed medical decision.
- The mistake caused harm: The provider’s error directly caused your child’s brain injury or made it worse. This often requires expert testimony from doctors who can explain how the injury happened.
- There are damages: Finally, the injury resulted in real and lasting harm, such as cerebral palsy, medical expenses, lost earning potential, or a need for lifelong care.
Medical negligence cases are complex, but an experienced cerebral palsy attorney in Charlotte can gather the right evidence, consult with medical experts, and build a strong case for you and your child.
What Compensation Can You Recover in a Charlotte Cerebral Palsy Case?
Caring for a child with cerebral palsy can involve significant medical, educational, and daily care needs. Some expenses may continue for years or even throughout your child’s lifetime.
If medical negligence caused your child’s cerebral palsy, you may seek compensation for both current and future losses. The amount and types of damages available will depend on the circumstances of the case and your child’s individual needs.
Potential compensation in a Charlotte cerebral palsy case may include:
- Medical expenses: Compensation may cover past and future medical care, including doctor visits, hospital treatment, medications, diagnostic testing, and other necessary healthcare.
- Physical, occupational, and speech therapy: Children with CP may need ongoing therapy to improve mobility, communication, coordination, and independence.
- Future care costs: A cerebral palsy case may involve expenses that extend well into adulthood. Experts can help estimate the cost of your child’s future medical treatment, therapy, equipment, and care.
- Lost future earning capacity: If cerebral palsy significantly limits your child’s ability to work in the future, the claim may include damages for diminished earning capacity.
- Pain and suffering: Depending on the circumstances and applicable North Carolina law, compensation may also be available for the physical pain, emotional distress, and other non-economic effects associated with the injury.
No amount of compensation can undo a brain injury or erase what your family has experienced. However, pursuing a birth injury claim may help provide the financial resources your child needs for long-term care.
Our Charlotte cerebral palsy lawyers work to pursue compensation that reflects your child’s needs now and in the future.
Do You Have a Birth Injury Case?
Not all cases of cerebral palsy are caused by negligence, but some are the result of preventable errors during pregnancy, labor, or delivery.
To know for sure, a lawyer experienced in birth injury cases can review your medical records, consult with experts, and determine if medical negligence played a role in your child‘s condition.
If so, you may be able to recover compensation for medical care, therapy, assistive equipment, and other long-term needs. You don’t have to face this alone. A skilled cerebral palsy lawyer in Charlotte can help you find answers and fight for the support your child deserves. Call Birth Injury Lawyers Group today.
Identifying the At-Fault Party in Your Charlotte Birth Injury Case
One of the most important steps in a birth injury case is figuring out who is responsible for your child’s cerebral palsy. In legal terms, this is called identifying the “at-fault party.” This means finding out which medical provider or facility made a mistake that caused or contributed to your child’s injury.
The at-fault party in your birth injury claim may be:
- An obstetrician or delivering doctor: The obstetrician is responsible for monitoring both the mother and baby during pregnancy, labor, and delivery. If the doctor fails to recognize or respond to signs of fetal distress or delays a necessary C-section, it can lead to oxygen deprivation and brain damage.
- A nurse or medical staff member: If a nurse administers the wrong medication, fails to report warning signs to the doctor, or does not follow hospital protocols, their mistake can have serious consequences. In some cases, poor monitoring or delayed action by nursing staff can contribute directly to a preventable birth injury.
- The hospital or clinic: The facility where the birth takes place may be at fault if system-wide issues contribute to the injury. This includes having outdated equipment, poor safety protocols, inadequate staff training, or not having enough staff on duty.
- A midwife or birthing center: If a midwife fails to recognize complications that require hospital transfer, doesn’t respond to an emergency appropriately, or lacks the equipment or training needed to handle a high-risk delivery, their actions (or lack thereof) can lead to serious harm.
- A lab or testing provider: If a lab misses or misreads important signs, such as infections, genetic conditions, or signs of restricted fetal growth, it may prevent doctors from taking necessary action. These oversights can contribute to brain injury and, ultimately, cerebral palsy.
Proving fault requires a detailed review of your medical records, expert opinions, and sometimes testimony from specialists. A Charlotte cerebral palsy lawyer can handle this investigation and determine who should be held accountable.
What Our Cerebral Palsy Attorneys in Charlotte Can Do for You
Our lawyers can help you understand your legal rights and guide you through the process of seeking compensation for your child’s injury. We will empower you with knowledge. Our team will tell you everything you need to know so you can make confident decisions about your child’s future.
Here’s how our cerebral palsy legal team in Charlotte can support you:
- Review your case: We will examine your medical records and birth history to determine if medical negligence may have caused your child’s cerebral palsy.
- Gather evidence: Your lawyer works with medical experts to build a strong case by collecting important proof and expert opinions.
- Identify responsible parties: We help find out who may be at fault, whether it’s a doctor, nurse, hospital, or other medical provider.
- Handle legal paperwork: Filing claims and court documents can be complicated. Your attorney manages all legal paperwork and deadlines to keep your case on track.
- Negotiate settlements: We negotiate with insurance companies and healthcare providers to seek fair compensation without the need for a trial when possible.
- Represent you in court: If your case goes to trial, your attorney will represent your family and fight to get the best possible outcome.
Hiring an experienced lawyer from our team gives you an advocate who is focused on protecting your child’s future and helping your family get the care and support.
North Carolina Has a Statute of Limitations for Filing Lawsuits
North Carolina law sets deadlines for filing medical malpractice lawsuits, including cases involving birth injuries and cerebral palsy. The rules can vary depending on when the medical error occurred, when the injury was discovered, and whether the injured child is a minor.
Missing the applicable deadline can prevent your family from pursuing a claim. Have our cerebral palsy attorneys in Charlotte review the facts of your case as soon as possible.
North Carolina’s Time Limit for Filing a Medical Malpractice Lawsuit
North Carolina General Statutes § 1-15 generally requires a medical malpractice lawsuit to be filed within three years of the medical error or omission that caused the injury. The three-year period is not the only deadline that may apply.
Does the Discovery Rule Apply to Cerebral Palsy Cases?
Yes. The discovery rule may apply when the harm caused by a medical error was not readily apparent when the error occurred. However, the discovery rule does not mean families automatically have unlimited time after a cerebral palsy diagnosis. Other deadlines, including the statute of repose, may still apply.
If the injury is not reasonably discovered until two or more years after the medical error, North Carolina law generally allows one year from the date of discovery to file the lawsuit. This can be important in cerebral palsy cases because a child’s developmental problems may not become apparent immediately after birth.
What Is the Statute of Repose?
North Carolina’s medical malpractice statute also establishes an outside deadline known as a statute of repose. Generally, a medical malpractice lawsuit cannot be filed more than four years after the medical error occurred, even if the injury was discovered later.
Special Rules Apply to Children
North Carolina law provides additional rules for minors who are injured by medical malpractice. If the applicable deadline under Section 1-15 would expire before the child turns 10 years old, the lawsuit may generally be filed before the child’s tenth birthday.
A Charlotte Cerebral Palsy Attorney Can Help Your Family
A dedicated Charlotte cerebral palsy attorney will fight for fair compensation to cover the lifelong costs associated with your child’s care. We can also connect you with medical experts and ensure you understand your legal rights throughout this challenging journey.
Having a knowledgeable legal team by your side can ease some of the burden and give you peace of mind. We believe that compassionate legal support can make a real difference. That’s why we treat every case with the same care and urgency we would want for our own families, because, for us, it’s personal.
Let Birth Injury Lawyers Group help you pursue the compensation your child deserves for ongoing medical treatment, therapies, and a more secure future.
"We are committed to helping families who have suffered medical negligence."