Cerebral Palsy (CP) is a condition where a person has trouble controlling their muscles because of brain development problems. Cerebral palsy is a collection of related disorders that can develop from the same causes.
For some people, they may have trouble moving their muscles to do specific things. In other cases, they may struggle to keep their muscles still, resulting in involuntary movements and twitching. The type of cerebral palsy that develops depends on the changes in brain structure that cause it. Regardless, having cerebral palsy can significantly impact a person’s life.
CP can be caused by problems before or during birth, which may or may not be the result of a physician’s actions. If your child has CP and you believe a mistake that a physician made caused it, you may be entitled to compensation for medical and other expenses. Discuss your case with the office of a Los Angeles cerebral palsy lawyer to see what your legal options are. Contact Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation about your case.
Types of CP
There are a few different types of cerebral palsy that your child can have. According to the Centers for Disease Control and Prevention (CDC), these types include:
- Spastic CP: Spastic CP makes it difficult to move muscles. The muscles become stiff and less responsive to stimulation from the brain. This makes it difficult to move and reduces overall fine motor skills.
- Dyskinetic CP: Dyskinetic CP is a condition where muscle movements become uncontrollable. This makes it difficult to keep still and focus their limbs on specific tasks.
- Ataxic CP: Ataxic CP is a condition where it becomes difficult to coordinate muscles. Because of this, it is difficult to perform basic functions like walking because it is exceedingly difficult to balance.
There may be other forms of cerebral palsy not covered on this list. Living with cerebral palsy will likely mean that your child needs extensive and ongoing medical care and assistive devices. If you believe that a physician may be responsible for your child developing CP, you do not have to handle these expenses on your own. Contact Pintas & Mullins Law Firm to see how a Los Angeles cerebral palsy lawyer can help with your legal options to recover compensation.
Medical Malpractice
The legal action that you can take is defined under California’s laws regarding medical malpractice. Medical malpractice happens when a care provider ignores the available evidence or standard procedures when providing care, which leads to a patient suffering an injury. In this case, a doctor, ignoring test results for deviating from the standard of care, may cause a child to develop cerebral palsy.
Under civil law, you can file a lawsuit for medical practice. This lawsuit will focus on recovering compensation for your expenses related to having a child with cerebral palsy. When building a case, there are specific steps to take that help you collect evidence and build a credible argument. This step is crucial since it is difficult to directly link the physician’s care with the development of cerebral palsy.
For a free legal consultation with a Cerebral Palsy Lawyer serving Los Angeles, call (800) 794-0444
Taking Legal Action
You will need to do file your medical malpractice lawsuit in a specific amount of time. This is called the statute of limitations. In the state of California, this statute has two components to it.
Under the California Code of Civil Procedure § 340.5, you have up to three years from the date of the injury to file the lawsuit, or one year from the date that you found out about the injury or should have found out about it. This means that you have one year from the day that you find out about the cerebral palsy to file a lawsuit.
The statute of limitations for medical malpractice in California can be confusing when trying to apply it to a condition that can develop from birth. Discuss your case with a medical malpractice lawyer to see if the lawyer can clarify your legal position on the case.
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Next Steps
Dealing with medical malpractice cases can be overwhelming, leaving you confused about what to do next. You can first consult with a medical professional. Having more detailed information about cerebral palsy and your child’s specific case may make it clearer as to what you should do. This will also help you make sure that your child has appropriate care.
The next thing you should do is discuss your case with a lawyer that handles medical malpractice cases. The legal aspects of the case can be confusing, but having a lawyer review your case can give you some clarity. If you have a case that could be successful, consider filing a lawsuit with the court. You should not have to suffer the financial consequences of a condition that someone else caused. Filing a lawsuit may provide you the compensation that you need to handle your new medical and financial expenses.
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Find a Medical Malpractice Lawyer
A lawyer can help you in the process of recovering compensation that can help you with the financial burdens of taking care of a child with cerebral palsy. If a doctor made a mistake, he or she should be held accountable. This includes handling the medical costs caused by his or her mistake.
Building a medical malpractice lawsuit can take time. Give your lawyer as much time as possible by starting the process as soon as possible. That way, you will be likely to find the evidence that you need before it naturally disappears in time.
If your child has CP and you believe a doctor caused it by making a mistake, you may be able to file a lawsuit and recover compensation for your expenses. A Los Angeles cerebral palsy lawyer can clarify what steps you need to take and help you build and file your case. Contact Pintas & Mullins Law Firm at (800) 794-0444 to discuss your case during a free consultation.
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