Compassionate Representation In Cases Involving Cerebral Palsy

Cerebral palsy refers to a permanent and irreversible condition that affects the central nervous system, often characterized by an impairment of the body’s ability to control movement and posture. Although cerebral palsy may occur under the best medical care, many injuries are a direct result of the negligence of health care providers. In some cases, cerebral palsy develops from events that occur shortly before, during or after birth. The brain damage that causes cerebral palsy is permanent once the injury occurs.

Unfortunately, there is no cure for cerebral palsy, but according to medical authorities who describe it as a “condition”, the functional problems associated with cerebral palsy can often be improved through therapy, medication or surgery. For an experienced cerebral palsy lawyer in Mount Laurel, New Jersey, and surrounding areas, Flynn Law, is here for you.

Understanding The Causes Of Cerebral Palsy

The great tragedy of cerebral palsy is that the many factors that may cause it are usually preventable through proper obstetric and prenatal care. Unfortunately, negligent or inexperienced medical professionals make judgment errors that can adversely affect an individual and their family for a lifetime.

Understanding the causes of cerebral palsy is crucial for families considering a lawsuit, as it may help determine if medical negligence played a role in their child’s condition. The common causes of cerebral palsy include:

Premature birth: Babies born prematurely are at a higher risk of developing cerebral palsy due to their underdeveloped brain and organs. The earlier a baby is born, the greater the risk of complications that could lead to cerebral palsy.
Lack of oxygen: Hypoxia (reduced oxygen) or asphyxia (no oxygen) during childbirth can cause significant damage to a baby’s brain cells, leading to cerebral palsy. This can result from prolonged labor, umbilical cord problems or a delayed cesarean section.
Infections: Infections in the mother during pregnancy that affect the developing fetus can lead to cerebral palsy. Common infections include rubella (German measles), cytomegalovirus and toxoplasmosis. Infections that cause inflammation around the brain, such as meningitis in the newborn, can also lead to cerebral palsy.
Brain Bleeds: Intracranial hemorrhages or brain bleeds, in a newborn can lead to cerebral palsy. These can be caused by a traumatic delivery, stroke or conditions like untreated jaundice that lead to toxic levels of bilirubin in the brain (kernicterus).
Medical Negligence: In some cases, medical errors during pregnancy, labor, delivery or immediately after birth can lead to conditions causing cerebral palsy. Examples include failure to detect or treat infections, improper use of delivery tools or not responding adequately to fetal distress.

If your child has been diagnosed with cerebral palsy and you suspect that medical negligence was a factor, it is important to seek the guidance of an experienced attorney who can help you understand your legal rights and options. A cerebral palsy lawsuit may provide the necessary compensation for your child’s ongoing care and improve their quality of life.

Common Symptoms Of Cerebral Palsy

Children with cerebral palsy may suffer from compromised body control, movement, speech and muscle tone.

A partial list of the symptoms encountered includes the following:

Difficulty or inability to walk
Inability or difficulty in arm and/or hand movement
Impaired speech
Breathing difficulties
Seizures
Learning disabilities
Vision impairment
Hearing deficits
Limited motor skills
Paralysis

Living with these symptoms can be painful and difficult for your child and your family.

What Can Families Recover In A Cerebral Palsy Lawsuit?

When a child is diagnosed with cerebral palsy, particularly if it is due to medical negligence, families face not only emotional distress but also the prospect of significant financial burdens throughout the child’s life. A cerebral palsy lawsuit can provide families with the necessary compensation to manage these challenges effectively.

Here’s what can be recovered through such legal action:

Medical expenses: This includes compensation for both past and future medical costs associated with cerebral palsy. These expenses can cover a wide range of needs, such as surgeries, medications, physical therapy and any specialized medical equipment.
Rehabilitation costs: Cerebral palsy often requires ongoing rehabilitation to enhance motor skills and manage symptoms. Compensation can cover the costs of physical therapy, occupational therapy, speech therapy and other forms of rehabilitation.
Care expenses: Many children with cerebral palsy require lifelong care. Compensation can include the costs for professional care services, home modifications to accommodate disabilities and other necessary support services.
Lost wages: Taking care of children with cerebral palsy may require you to miss work. You can seek compensation for lost wages for the time you’ve been called away from your job to take care of your child.
Pain and suffering: Beyond the financial impacts, cerebral palsy can affect a child’s quality of life. Compensation for pain and suffering acknowledges the physical and emotional distress caused by the condition.
Punitive damages: In cases where the negligence was particularly negligent or reckless, punitive damages may be awarded as a way to punish the responsible party and deter similar misconduct in the future.
Educational needs: Children with cerebral palsy may require special education services or accommodations at school. Compensation can help cover these educational expenses to ensure the child receives appropriate educational support.

Navigating a cerebral palsy lawsuit requires a deep understanding of both the legal and medical aspects of the case. Families considering this path should consult with an attorney who specializes in medical malpractice and birth injury claims. Such legal expertise can significantly influence the outcome of the case, ensuring that the family receives the full compensation they deserve to support their child’s needs.

What Constitutes A Cerebral Palsy Case?

While some cases of cerebral palsy are due to natural factors, others may result from medical negligence during pregnancy, childbirth or immediately after birth. Identifying whether a cerebral palsy diagnosis qualifies for legal action involves several key considerations.

A cerebral palsy lawsuit typically hinges on proving medical negligence. This means showing that the healthcare providers failed to meet the accepted standard of care during the medical treatment. Examples of potential medical negligence include failing to monitor fetal distress accurately, using improper delivery techniques, delaying necessary medical procedures such as cesarean sections or inadequately addressing infections in the mother that could affect the fetus.

You must also establish a direct link between medical negligence and the child’s cerebral palsy is crucial. This often requires testimony from medical experts who can attest that the negligence likely caused or significantly contributed to the development of the condition.

Then, for a cerebral palsy case to be actionable, there must be demonstrable damages. This includes both the physical and emotional impacts on the child and family, as well as financial burdens like ongoing medical care, rehabilitation and special education needs.

Let Us Help You Seek Justice For Your Family
Our lawyers at Flynn Law, understand that it is vitally important for a family to be able to secure the needed financial compensation to help pay for the exorbitant medical costs. Our attorneys are absolutely committed to obtaining fair compensation so that you and your family can focus taking care of your child.If your child suffers from cerebral palsy due to the negligence or poor treatment of another party, you deserve the right to a cerebral palsy claim for your family’s physical and emotional pain. For aggressive and experienced representation, contact us for a free consultation, either through our online contact form or toll-free phone number 855-244-8972.