A wide range of different medical conditions can be categorized as cerebral palsy, and many of these conditions are the result of physical negligence or medical malpractice.
Cerebral palsy usually becomes evident during the first few years of a child’s life, and it is a permanent condition. Mild symptoms and disabilities that arise with cerebral palsy can sometimes be overcome by a patient with therapy, surgery, or other rehabilitative techniques. However, even in such cases, the physical damage to the patient’s brain will never recover. As for severe cases, the prognosis is even worse, and although brain damage leading to severe cerebral palsy does not worsen over time, a patient’s condition can. Examples of how this can happen to include accelerated loss of muscle strength due to a lack of activity, bedsores from constant immobilization, chronic illnesses that arise as a result of malnutrition since severe cerebral palsy can lead to difficulty eating and swallowing, and premature aging.
It is important that you seek some form of compensation for your child and your family if you have a child who was harmed because of another person or party’s negligence.
Some of the telltale signs of cerebral palsy include:
- A lack of head control, identifiable by swinging, drooping, or shaking of the head.
- Poor motor development, evident if your child is yet to walk or move in a manner suitable for his or her age, or a lack of coordination and general physical imbalance.
- Abnormalities or irregularities in the muscles, such as muscles that seem too tense or too relaxed.
- A slack face or a lopsided mouth.
- Developmental issues, such as an inability to control the arms or fingers.
- Sensory issues such as an inability to hear, see, or speak normally.
- Seizures and/or muscle spasms.
If you think that your child may suffer from cerebral palsy, speak with your doctor, and give our offices a call at (800) 222-9529. We are here to help, and our team will help you navigate the complex landscape of courtroom litigation, medical malpractice, and insurance laws, and help you find and receive the care and treatment your child needs.
For a free legal consultation, call 1-800-222-9529
Seeking Compensation for Cerebral Palsy Injuries
If your child suffers from cerebral palsy, the first thing you must do is tend to your child’s needs. Caring for the health and well-being of your injured and potentially disabled child should be your primary concern; seeking justice for you, however, is our primary concern. At the Birth Injury Lawyers Group, we aim to ensure that you and your family are fully compensated for the costs and injuries that you are unfairly made to suffer. We will strive to help you win coverage for:
- Medical expenses, including any hospitalization costs, surgery fees, medication costs, assistive devices, and diagnostic tests you must pay for. If you were required to perform other medical procedures such as therapy or rehabilitation of any kind, those types of expenses can be taken care of as well.
- Lost wages if medical treatment or care for your injured child required you to stay away from work, or if your child’s appointments kept you away from your job.
- Pain, suffering, or emotional damages can be sought in order to cover both your own mental anguish as well as the pain and suffering of your child. Psychological issues such as fear, anxiety, or PTSD can take months or years to recover from.
- Punitive damages can be meted out in cases of gross negligence that caused harm.
Lowell Cerebral Palsy Lawyer Near Me 1-800-222-9529
Negligence and the Duty of Care
In order to file a medical malpractice claim, you will have to prove that the doctor or his or her team was negligent in performing the duties required of them to treat the mother and/or her child. This is a criterion known as the duty of care, and your chances of winning a compensation payout will depend on establishing to the court that the duty of care was breached. Doing this will require you to:
- Establish that a doctor-patient relationship existed. In childbirth cases, the doctor is responsible for caring for both the mother as well as her child. If you entered into a contract with the doctor and an emergency situation necessitated the performance of a premature delivery without an agreement, you may have grounds for a lawsuit.
- Establish that the doctor acted negligently in the performance of his or her duties. To prove this, we will use the testimony of experienced and professional doctors who will testify that the actions of your doctor were not in line with the recommended approach to the treatment of your specific case, in which case negligence can be proven.
- Prove that the doctor’s negligence caused an injury. Cerebral palsy may have resulted from the doctor misusing delivery forceps, applying too much pressure on the head of the baby, or ignoring (or perhaps missing) warning signs of distress during the birthing process.
- Prove that these injuries resulted in physical harm. You need to prove that the doctor’s negligence caused an injury that led to cerebral palsy and that the injury was one that would not have happened had it not been for the doctor’s negligence and that you could have and should have had a healthy baby instead.
If you need an experienced birth injury attorney to help with your child’s cerebral palsy injury, we are here to help. We will cover every aspect of your case, from interviewing the medical professionals who participated in your child’s delivery, obtaining relevant medical records and histories, and screening and diagnosing your child, to negotiating with at-fault parties responsible for your child’s injuries, making sure you file on time and with the right courts, and fulfill all other legal, administrative, and regulatory requirements so that your case stands up in court should it make it all the way to trial.
Call us today at (800) 222-9529 for a free consultation and case evaluation. We handle all of our cases on a contingency-fee basis. This means we only collect payment for our services if we successfully secure a settlement or a damages payout for you, so call now.