If your child was born with cerebral palsy, the uncomfortable truth is that your doctor possibly caused the condition during prenatal care or delivery.
There is precedent for the negligent actions a doctor took—or failed to take—as medical malpractice when they resulted in a newborn’s cerebral palsy.
The Birth Injury Lawyers Group represents Fort Wayne families in such cases. You may be able to recover significant funds that can cover the costs of medical treatment, therapy, and more.
Our firm offers a free phone consultation at (800) 222-9529. Call a Fort Wayne cerebral palsy lawyer to discuss your case and the possible legal options you have to recover compensation.
For a free legal consultation with Fort Wayne Cerebral Palsy lawyer, call 1-800-222-9529
How Medical Malpractice Can Cause Cerebral Palsy
Some cases of cerebral palsy are preventable, and a doctor has a critical responsibility to do so during prenatal care and delivery.
If a doctor behaves negligently, their actions can cause cerebral palsy when:
- An infection in the mother’s womb is left untreated during prenatal care
- A preventable issue restricts the baby’s blood in the womb
- Not taking certain precautions during a difficult labor, and the baby’s oxygen supply is reduced
- The baby experiences a traumatic brain injury (TBI) due to excessive force during delivery, or from the use of a delivery assistance tool like forceps or vacuum extraction
If your labor was difficult and force was required to deliver the baby, you will want to consider if the doctor followed the right steps to prevent that situation from ever happening.
It can be difficult to look back at the care you received during childbirth and know whether or not malpractice occurred. In many cases, the Birth Injury Lawyers Group consults medical experts for this type of determination.
When you call for a free consultation, our team will discuss the specifics of your case and the legal options you have to move forward.
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Proving a Medical Malpractice Case
To recover compensation, it may be necessary to produce evidence that medical malpractice occurred in your case. Evidence can leverage settlement negotiations with the medical provider’s insurance company, or it can defend your right to damages in court should the case escalate to trial.
Evidence in birth injury medical malpractice cases can include:
- Photos or videos of the childbirth or injuries to the newborn
- Statements from witnesses
- Your complete medical history
- Records of your communications with the hospital
- Second opinions on the cause of cerebral palsy from other doctors
Medical malpractice cases also have a special burden of proof for the defendant. Because of the inherent risks in so many medical procedures, it is not enough to simply prove that there was a bad outcome.
In most medical malpractice cases, the defendant will need to produce testimony from a medical expert that proves:
- The care they received fell below a reasonable standard
- Another doctor in the same situation would have performed differently
The Birth Injury Lawyers Group can produce this expert medical testimony and gather the rest of the evidence in your case when we represent you.
Since our firm works on a contingency-fee-basis, there are no up-front costs to you. We will invest our resources in gathering your evidence. Our payment only comes as a percentage of your settlement or court awards when you win your case.
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The Costs of Raising a Child with Cerebral Palsy
Parents raising a child with cerebral palsy have additional expenses to consider. These can include:
- Ongoing medical appointments, care, and therapies
- Medications to manage concurrent or related conditions
- Modifications to their home
- Cerebral palsy-inclusive education programs
- Reduced time at work, or a parent who stays at home to care for the child
These expenses may extend through adolescence and into adulthood, depending on the needs of your child.
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Compensation in a Cerebral Palsy Malpractice Case
While each case is different, the recoverable compensation in a cerebral palsy malpractice action may include:
- Reimbursement for the costs of delivery and treatment for your child
- The costs of your child’s future medical care, treatment, and therapies
- Lost wages from work or reduced earning capacity due to your need to manage your child’s conditions
- Pain and suffering
To discuss what compensation may be available in your case, contact a Fort Wayne cerebral palsy lawyer at (800) 222-9529 for a free consultation.
Working with a Fort Wayne Cerebral Palsy Lawyer in Your Case
Whether your child is a newborn or an adolescent, your focus is probably devoted to their care and wellbeing. It can be daunting to imagine coordinating a legal action on your own during this time.
The Birth Injury Lawyers Group stands by you at this time. When we represent you, our lawyers will manage all of your casework and defend your family as if it were our own.
In a typical case, our lawyers may:
- Answer your questions, offer legal guidance, and discuss possible outcomes throughout the entire process
- Take over all communications with the hospital, insurance companies, and courts
- Gather evidence of medical malpractice and evidence of the extent of your resulting damages
- Hire a medical expert to testify and establish malpractice
- Manage legal deadlines and paperwork
- Negotiate with the insurance company for a settlement
- Take them to court if they are not willing to make you a fair offer
Contact a Fort Wayne Cerebral Palsy Lawyer Today
A statute of limitations may apply to your case, so call us now for information on the window of time you have to take legal action.
Our firm works on a contingency-fee-basis, meaning you do not need to invest anything up front to retain our services and have us start working for you. We only take payment out of your settlement or awards in court.