The birth of a child is an exciting moment, but when you learn that they were born with a birth injury, it can quickly turn into a traumatic event. If the cerebral palsy (CP) was caused by medical negligence, you may experience an overwhelming sense of injustice. A cerebral palsy lawyer in Pennsylvania can help you hold the responsible party accountable.
The Birth Injury Lawyers Group can answer your questions after your child’s cerebral palsy diagnosis. We can also connect you with medical experts who can investigate the causes of the birth injury. If we discover malpractice, our Pennsylvania birth injury lawyers will help you seek compensation for your child’s care. Call today for a free consultation.
Compassionate Legal Care for Families With Newborns With Cerebral Palsy
Since we founded our law group, we have recovered over $750 million for our clients. Let us help you get the money you need to secure a better future for your child. We will fight for the maximum compensation available in your case.
Over the years, we have built a track record of successful case results. Our cerebral palsy attorneys in Pennsylvania know how to build a winning case. We will closely collaborate with you to understand the full financial impact the birth injury had on your family.
What Is Cerebral Palsy?
Cerebral palsy (CP) is a set of neurological disorders that affect muscle coordination, posture, and motor functions. Trauma or a lack of oxygen to the brain can cause it. You may suspect CP in your child if they have poor posture, lack of muscle tone, floppiness, or rigidity. Missed developmental milestones may also be a sign.
This condition may require medical treatment that includes physical therapy, medication, and possibly even surgery. There is no cure for the condition. Some children with CP can live fully functional lives, while others will have to use a wheelchair.
Medical error may not cause every case of cerebral palsy, but it still affects a significant number of newborns. That’s why speaking with a cerebral palsy lawyer is so important after a diagnosis. Families should not have to pay for care if a doctor committed malpractice.
What Damages Can You Seek Through a Lawsuit
A lawsuit seeks compensation for the losses you’ve suffered. In most malpractice cases, there are two types of damages: economic damages and non-economic damages. Both are likely in a cerebral palsy claim.
Economic damages are all justified financial costs related to your child’s injury. The medical bills are the most obvious, but there are many other economic damages you may not know you’re eligible to receive, like wages you’ve lost because you had to take time off work to care for your baby.
Economic damages in a cerebral palsy case include:
- Medical bills
- Lost wages
- Lifelong care
- Medical equipment
- Special education costs
- Physical therapy
These intangible losses cover the pain and suffering and similar harms caused by an injury. Cerebral palsy can create lifelong challenges, so the amount you could receive in non-economic damages could be substantial.
You could also qualify for non-economic damages, such as:
- Loss of quality of life
- Mental anguish
- Pain and suffering
Who Is At Fault for Your Newborn’s Cerebral Palsy?
One of the aspects that makes birth injury cases complicated is the high number of people involved in the delivery and also in prenatal and postnatal care. Correctly identifying the liable party without professional legal assistance is unlikely.
Any of the following parties could be responsible for causing a newborn’s cerebral palsy:
- Obstetrician or gynecologist
- Hospital staff or midwives
- Anesthesiologist
- Pediatrician or neonatologist
- Medical technicians or assistants
- Pharmaceutical companies (in cases involving medication errors)
- Healthcare facility administrators or management
- Equipment manufacturers (in cases involving faulty medical devices)
- Other healthcare providers involved in prenatal care, labor, or delivery
After determining the at-fault party, we can plan the next steps in the legal process. Who the defendant is influences the course of the lawsuit to some extent. For example, there are different steps involved in filing a lawsuit against a negligent nurse and going up against a pharmaceutical company.
How to Prove Negligence in a Cerebral Palsy Claim
Our Pennsylvania cerebral palsy lawyers must prove four things to win a malpractice claim. After we conclusively prove them, we can negotiate for a fair compensation amount.
The four key elements your lawyer will focus on to prove medical negligence are:
- A medical relationship between the defendant and the baby/mother.
- Proof that the defendant violated the standards of care while you were receiving treatment.
- Proof that the violation of the standards of care caused your child’s injuries.
- Proof of your child’s injuries and how they’ve affected your family.
These four things prove the defendant was negligent, and therefore, they’re liable for your damages. The next step after this is arguing over the compensation you’re owed unless the insurer decides they want to fight your claim.
If we cannot reach a fair settlement, we will take your doctor and their insurer to court so a judge and jury can decide whether you’re owed compensation and how much you could receive. Our attorneys are not afraid of the courtroom and will skillfully argue your case if it goes that far. However, most malpractice cases are settled out of court.
How Much Could I Receive From My Cerebral Palsy Claim?
Since there are so many kinds of damages and so many ways a child could be harmed by cerebral palsy, it’s impossible to give an exact amount of how much your case is worth until we perform an investigation.
However, cerebral palsy is a serious birth injury. It would be unusual to receive less than six figures in a settlement or judgment, and much more is possible. On average, the more harm your child and your family have suffered, the more your case will be worth.
During your consultation, you may receive an estimate based on similar cases in the past that our cerebral palsy lawyers in Pennsylvania have seen, but it is only an estimate. Find out how much your case is really worth by letting our team handle it.
Pennsylvania’s Statute of Limitations for Filing a Birth Injury Claim
The statute of limitations determines how long a plaintiff has to file a lawsuit against a defendant. In Pennsylvania, most personal injury and medical malpractice cases have a two-year deadline.
Additionally, if the injured party is a minor, the statute of limitations is tolled until they reach the age of 18, at which point they have two years to file a claim. Parents or legal guardians need to consult an experienced birth injury attorney as soon as possible to understand the specific timelines and requirements for filing a claim in Pennsylvania.
Why You Need a Cerebral Palsy Lawyer
The process of filing a claim for a child with cerebral palsy may seem overwhelming. Before you can file a claim or a lawsuit, you must overcome many roadblocks, like getting an affidavit of merit. One of our attorneys can help you understand your rights and best legal options.
A successful lawsuit can recover damages and help bring justice to the responsible parties. This compensation can help pay for your child’s care and treatment. It will also let other families and the medical board know that your doctor may not be as skilled as they claimed.
Hiring a lawyer means you can focus on caring for your child’s needs instead of worrying about getting evidence and expert opinions, fighting with insurance companies, or arguing with the court about how to start your case. Let us help you so you can focus on what matters most.
Contact a Pennsylvania Cerebral Palsy Lawyer
At the Birth Injury Lawyers Group, we are dedicated to getting you the help you need in your cerebral palsy claim. We want to secure the best outcome possible so that you can provide the quality of life your child deserves.
We understand the uncertainty and stress a CP diagnosis can bring, and that is why we focus on helping families with a child who suffered a birth injury. Contact us for a free case evaluation.
Our Pennsylvania cerebral palsy attorneys only get paid if we are successful with your claim, so there is no risk in contacting us for a free consultation. Contact our offices to get answers about what happened to your child right now.
Fighting for Families Affected by Cerebral Palsy Across Pennsylvania
- Allentown Cerebral Palsy Lawyer: Pursuing justice for Allentown families affected by cerebral palsy from birth-related medical mistakes.
- Erie Cerebral Palsy Lawyer: Standing with Erie parents whose children suffer from cerebral palsy caused by negligent care.
- Philadelphia Cerebral Palsy Lawyer: Representing Philadelphia families facing the lifelong challenges of cerebral palsy due to preventable errors.
- Pittsburgh Cerebral Palsy Lawyer: Helping Pittsburgh families hold medical providers accountable for cerebral palsy linked to birth injuries.