Cerebral Palsy Lawyers: Understanding Your Legal Rights
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What Is the Cause of Cerebral Palsy?
Congenital cerebral palsy is due to abnormal brain development before, during, or shortly after birth. Causes of cerebral palsy include:
- Damage to the brain’s white matter that sends signals to the rest of the body. An infant’s brain is more sensitive to this type of injury between 26 weeks to 34 weeks of pregnancy.
- Abnormal brain development can occur as a result of infections, fever, trauma, or genetic mutations.
- Fetal stroke can cause bleeding in the brain, which can lead to brain damage.
- Oxygen deprivation can lead to cerebral palsy. This can be the result of low maternal blood pressure, issues with the umbilical cord, placenta detachment, or trauma to a baby’s head during labor and delivery.
For some, the cause of cerebral palsy is unclear. But for others, medical negligence can occur during pregnancy and the birthing process, including failure to:
- Detect fetal distress
- Monitor an infant’s heartbeat
- Address or treat tearing or bleeding in the mother
- Perform a C-section when it is medically necessary
Medical negligence during childbirth can include:
- Using too much force to manipulate the infant during delivery
- Neglecting to adequately monitor the baby’s heartbeat or detect fetal distress
- Misuse of birthing tools, such as forceps or fetal vacuum, in the course of the delivery
If any of these medical errors occurred and your child was diagnosed with cerebral palsy as a result, you may want to consider filing a cerebral palsy lawsuit.
Medical Negligence & Cerebral Palsy
There are a host of challenges a person with cerebral palsy may face throughout their lives. These can include:
- Access to appropriate educational opportunities and accommodations
- Insurance coverage for treatment, therapy, and assistive devices
- Employment discrimination
- Qualifying for and navigating through government assistance programs
- Guardianship and legal competency issues in adulthood
- Medical malpractice claims if the cerebral palsy was the result of medical negligence before, during, or after birth
Navigating these challenges can be costly. If your child received a cerebral palsy diagnosis due to medical negligence, you may wish to consult with cerebral palsy lawyers to assess your case and file a cerebral palsy lawsuit on your child’s behalf.
How is Medical Negligence Proven in a Cerebral Palsy Lawsuit?
There are a series of steps to a cerebral palsy lawsuit, but two of the most critical to proving the disorder was the result of medical negligence are gathering relevant medical records and consulting with medical experts. Medical records should contain information about prenatal care, the birth itself and any mistakes made during labor and delivery, the diagnosis of cerebral palsy, and any medically necessary treatments. A medical expert can review medical records and pinpoint if mistakes were made, by whom, and degree of culpability.
How Does a Cerebral Palsy Medical Negligence Case Work?
Should you choose to pursue a cerebral palsy lawsuit, you can expect the case to unfold as follows:
- Understand the criteria for medical negligence. Begin by understanding the criteria necessary to determine if the cerebral palsy diagnosis is a result of medical negligence. This encompasses medical care administered prenatally, during labor and delivery, as well as during postnatal care, any of which resulted in injury to either the baby, the mother, or both.
- Consultation with a cerebral palsy lawyer. If you believe medical negligence is a factor in your child’s cerebral palsy diagnosis, you’ll want to consult with a cerebral palsy lawyer to assess your case and determine if you should proceed with a lawsuit.
- Medical record evidence. As mentioned previously, you’ll need to gather all medical records relevant to prenatal care, labor, delivery, and postnatal care to support your claim.
- Consultation with medical experts. A medical expert can review medical records to determine medical negligence. They can also act as an expert witness in your lawsuit.
- Filing a cerebral palsy lawsuit. If your attorney determines there is sufficient evidence to support a cerebral palsy claim, they will file a lawsuit on your behalf.
- Negotiating a settlement. Many medical negligence lawsuits are settled out of court. You may even be involved in mediation to help cover the costs you and your child will face in the years to come.
- Trial. Should negotiations or mediation fail, your case may go to trial. In court, both sides will present evidence and make their arguments before a judge and/or jury who will then determine if damages are due you and the amount of compensation you should receive.
What Are Types of Cerebral Palsy Compensation?
The amount of a settlement agreement or damages awarded at trial is intended to compensate you and your child for any or all of the following:
- Medical expenses
- Rehabilitation costs
- Special education needs
- Assistive technologies and home modifications
- Caregiver expenses
- Lost wages and earning capacity
- Pain and suffering
- Punitive damages
How Do I Choose the Right Cerebral Palsy Lawyer for My Case?
Choosing the best cerebral palsy attorney to represent you is an important decision. When considering attorneys, you’ll want to be sure they meet the following criteria:
- Medical malpractice specialists. Your attorney should be familiar with a cerebral palsy diagnosis and the challenges you and your child face in the years ahead. They should have experience negotiating medical negligence settlements or litigating cerebral palsy cases in court.
- Track record. Your attorney should have a track record of successfully negotiating settlements or litigating cases like yours.
- Access to medical experts. As medical malpractice specialists, your attorney should know and have personal experience working with medical experts.
- Open communication and responsiveness. Medical negligence cases can be a highly emotional experience for parents or family who, through no fault of their own, are looking ahead to a lifetime that will be difficult and expensive for both them and their child. A cerebral palsy lawyer will be sympathetic to your plight, openly communicating with you as parents, and responsive to your needs.
- Costs and expenses. Most personal injury lawyers who work on cerebral palsy cases do so on a contingency basis. This simply means that they do not charge or collect fees unless and until you win your case.
Getting Started with Pintas & Mullins Cerebral Palsy Lawyers
Pintas & Mullins Law Firm has decades of experience with cerebral palsy lawsuits. We have worked with thousands of parents, fighting on behalf of them and their injured child. We will provide a free assessment of your case and consult with a wide network of legal and medical experts. We accept cases nationwide and can travel to wherever you are. Call or text 800-934-6555 or complete our Free Case Evaluation form online to move forward today.
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