The brain is comprised of different layers and control centers. Cerebral palsy is a group of disorders caused by damage to the centers of the brain that control movement. In addition to issues with movement, depending on the extent of damage or injury in question, a patient may also experience difficulty with intellectual development, muscle control, the ability to speak, vision, hearing, and swallowing.
Even if your child received a cerebral palsy diagnosis, he or she may be able to overcome the effects of the condition thanks to therapy and help from assistive devices. Many adults with the condition live independently. However, those with severe symptoms usually require round-the-clock monitoring and specialized care.
A Wichita Falls cerebral palsy lawyer can help you pursue compensation for your child’s care if we determine that medical negligence caused their brain injury. Contact the Birth Injury Lawyers Group today at (800) 222-9529 to discuss your case at no cost to you.
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Cerebral Palsy Is the Most Common Movement Disability in Children
Cerebral palsy has been known since antiquity, with the first documented cases described by Hippocrates as early as 5 BCE, according to Brain & Development. As such, there is a great deal of literature on the disorder, and parents and caregivers have a lot of resources that can help them learn causes, effects, treatments, and new developments on the horizon.
According to the Developmental Medicine & Child Neurology, the incidence rate of cerebral palsy is a little over two children per 1,000 live births. This may seem like a low number, but cerebral palsy is the most common congenital movement-related disorder in the United States.
It primarily causes issues with motor functions such as walking, using the limbs, and controlling the head, all of which cause issues with everyday tasks. Babies may not be able to hold their head up, roll over, crawl, or meet other developmental milestones. Young children may not be able to participate in games or keep up with their schoolwork with their peers. Adults may struggle to live independently, be unable to perform some jobs, or require around-the-clock care.
In addition to motor control issues, cerebral palsy can also lead to many other concerns that change as the child ages. This may include:
- Intellectual or learning disabilities
- An inability to control eye movement
- Problems with speech and language
- Feeding issues
- Difficulty with sucking, swallowing, or chewing; excess drooling
- Bone deformities
- Stiff joints
- Issues with walking
- Problems with both gross and fine motor skills
Wichita Falls Cerebral Palsy Lawyer Near Me 1-800-222-9529
Causes and Risk Factors for Cerebral Palsy
Anything that damages the parts of the brain that control movement can lead to cerebral palsy. This may include:
- Certain infections
- Gene mutations
- Brain bleeds
- Reduced oxygen supply to the baby’s brain
- Difficult delivery
- Inadvertent medical errors
The risk factors that increase the likelihood that a child suffers brain damage and receives a cerebral palsy diagnosis include:
- Premature delivery
- Low birth weight
- Multiple births
- Breech (bottom-first) births
Of these causes and risk factors, the most devastating to a family is very likely medical negligence and delivery room errors. It can be very difficult to cope with the fallout of having a child born with cerebral palsy irrespective of why the child suffered a brain injury. However, brain damage or abnormal brain development as a result of factors such as gene mutations that are beyond a doctor’s control are very different from injuries caused by a medical professional’s negligence.
The medical team or doctor in question should be held accountable for his or her actions if they:
- Made an error while delivering your child.
- Did not perform tests that could have helped avoid a birth complication.
- Performed tests but failed to correctly read or act upon those test results.
Accountability includes compensation for the damages that your family suffers as a result of your child’s cerebral palsy. Our team has a Wichita Falls cerebral palsy lawyer who is here to help you identify compensable damages and may be able to file a suit on your behalf. Call the Birth Injury Lawyers Group today at (800) 222-9529.
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Medical Proof and the Duty of Care in a Wichita Falls Cerebral Palsy Case
In order to file a lawsuit for medical negligence, you need to:
- Prove that your child’s doctor owed a certain duty of care—care that meets certain standards established by the medical community.
- Prove that the doctor did not meet the established duty of care.
- Prove that your child suffered an injury as a result of the breach in the duty of care.
- Prove that you suffered damages or losses as a result of your child’s injuries.
These steps are required if you are to establish a causal connection between the actions of your child’s doctor and the cerebral palsy your child developed as a result. To prove all of the above, you may need to:
- Interview those involved in your child’s delivery.
- Collect your child’s medical history and test results.
- Obtain the testimony of a medical expert that confirms the duty of care and breach of that duty.
- Quantify the losses and damages you suffered as a direct result of your child’s condition.
- File a letter of intent to sue against the party or parties you deem responsible for your child’s injuries. These parties will be the defendants in your suit.
- Negotiate with and deal with the legal and insurance representatives of the defendants.
- Present your case in court if a settlement is not possible.
If your case has merit, your attorney may be able to navigate these steps on your behalf. We may be able to build a case and represent your best interests during settlement negotiations or in court. Call the Birth Injury Lawyers Group today at (800) 222-9529.
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Legal Assistance for Wichita Falls Birth Injuries
A Wichita Falls cerebral palsy lawyer from our team knows how to perform all of the duties outlined above and connect a specific instance of medical negligence to the injuries and diagnosis experienced by your child.
Call the Birth Injury Lawyers Group today at (800) 222-9529 to learn more about filing a lawsuit, collecting the evidence needed, and negotiating with the at-fault party for the damages and compensation that you are legally entitled to based on the specifics of your case.