Cerebral palsy is a common childhood disability that usually becomes evident during the first few years of a child’s life. It is a permanent condition, and the root causes of cerebral palsy are not fully understood. Mild symptoms and disabilities that arise with cerebral palsy can sometimes be overcome with therapy, surgery, or other rehabilitative techniques, but even with such treatment, physical damage to the patient’s brain will never recover. As for severe cases, the prognosis is even worse; although brain damage leading to severe cerebral palsy does not worsen over time, a patient’s condition can. Examples of how this can happen include premature aging, accelerated loss of muscle strength due to a lack of activity, chronic illnesses that arise as a result of malnutrition since severe cerebral palsy can lead to difficulty eating and swallowing, and bedsores.
If you suspect that your child may suffer from cerebral palsy, speak with your doctor, and give our offices a call at (800) 222-952. We are here to help, and our team will tell you what you need to know about navigating the complex landscape of litigation, medical malpractice, and insurance laws.
For a free legal consultation with St. Louis Cerebral Palsy lawyer, call 1-800-222-9529
Signs and Symptoms of Cerebral Palsy
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, so 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 because caring for a loved one who suffers from cerebral palsy is expensive and he or she will likely require life-long treatment.
Some of the symptoms of cerebral palsy include:
- Overly tense, rigid, or slack muscles.
- 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.
- 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, epilepsy, and/or muscle spasms.
St. Louis Cerebral Palsy Lawyer Near Me 1-800-222-9529
Negligence and the Duty of Care
Your malpractice claim will only be entertained by the court if you do the following:
- Submit a notice of intent that you plan to sue the parties whom you deem to be at fault for your child’s injuries.
- Ensure that your notice includes evidence of malpractice, including the testimony of a medical expert in support of your case.
- Submit the claim on time within the statutes of limitation and within the correct jurisdiction (usually, this is with the circuit court of the county in which the child was delivered or injured).
- Prove that your child’s doctor owed you a duty of care.
For a medical malpractice claim to be successful, you 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. In this case, 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 said 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.
We will help you with all of the steps outlined above. We will also help you find and receive the care and treatment your child needs and we will file a medical malpractice case against at-fault parties responsible for your child injuries if your case warrants such compensation.
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Seeking Compensation for Cerebral Palsy Injuries
After receiving a diagnosis of cerebral palsy for your child, the first thing you must do is tend to your child’s needs. Caring for his or her health and well-being should be your primary concern; seeking justice for you is what we will take care of. At the Birth Injury Lawyers Group, we work to ensure that families are fairly and fully compensated for the costs and injuries that they are made to suffer. We will strive to help you win coverage or compensation for:
- Medical expenses, including hospitalization costs, surgery fees, medication costs, assistive devices, and diagnostic tests. 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 damage 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 or intention that caused harm.
Call us today at (800) 222-9529 for a free consultation and case evaluation. We handle all 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. If your child suffers from cerebral palsy or sustained any other type of birth injury, we are here to help. Call now.