The birth of a child should be a joyous experience. However, when the child suffers from a debilitating disease that will impact him or her for possibly the entirety of his or her life, this special moment can be bittersweet for parents. When that disease could have been prevented, the pain of this reality is even worse. Cerebral palsy and other birth defects can be caused by negligent healthcare providers. When a reasonable standard of care is not met, resulting in a birth injury, liable parties can be sued for malpractice.
As a parent of a child with cerebral palsy, you know that financial compensation won’t take away your child’s pain, yet it could make a considerable difference when it comes to the cost of his or her medical care. In 2003, the Centers for Disease Control and Prevention (CDC) estimated that the medical costs for children with cerebral palsy were 26 times higher than for children without it. In this article, we’ll discuss the symptoms of birth injuries that could lead to cerebral palsy, the types of associated malpractice, and what to expect in a cerebral palsy malpractice case.
If you believe your child has been diagnosed with cerebral palsy as a result of a negligent injury, contact our cerebral palsy lawyers today at 1-833-MedMals or email us at firstname.lastname@example.org. We’ll fight for you and your family to ensure you have the means to take care of your child.
What Are the Symptoms of a Birth Injury?
A birth injury refers to any type of brain or nerve injury that occurs before, during, or promptly after childbirth. Children who sustain this type of injury run a greater chance of being diagnosed with diseases like cerebral palsy and other disorders related to permanent neurological damage. Here are a few symptoms that a child may have after suffering from birth trauma:
1. High-pitched crying
2. Arched back while crying
3. Excessive drooling
4. Claw-like curled hands
5. Low pulse rate
6. Low oxygen levels
7. Muscle looseness or stiffness
9. Sensitivity to light
10. Weak or nonexistent reflexes
These symptoms may signify the presence of preventable neurological disorders like cerebral palsy, Erb’s palsy, and brain damage. If your child experienced any of these symptoms and was later diagnosed with cerebral palsy, you may be able to take legal action. To understand if yours is a case of medical malpractice, contact our cerebral palsy lawyers today for a consultation.
What Is Cerebral Palsy?
Cerebral palsy is a group of conditions that vary in severity and impact normal movement in different areas of the body. This neurological disorder can cause issues with walking, posture, muscle tone, and coordination. “Cerebral” refers to the cerebrum area of the brain, which is responsible for regulating body movements. “Palsy” refers to the paralysis of voluntary movement in certain areas of the body. It is a condition that can severely impact motor skills, and it can improve or worsen over time, depending on the severity of the disease and other factors. Some typical causes of cerebral palsy are bacterial and viral infections, hemorrhaging of the brain, head injuries sustained during birth or in the first few years following, lack of oxygen at any point in the pregnancy or delivery, mercury poisoning, or exposure to drugs or alcohol in the womb.
What Are the Types of Cerebral Palsy Malpractice?
Neurological damage resulting in cerebral palsy may be a result of various types of medical negligence or malpractice. There are a few types of medical negligence that are common with preventable cerebral palsy including any of the following before, during, or after the birth: the failure to detect or properly treat infections, low fetal oxygen levels, prolapsed umbilical cord, the failure to schedule or perform a necessary c-section, or the improper use of delivery tools like vacuum extractors or forceps.
If you experienced any of the above before, during, or after the birth of your child diagnosed with neurological damage, the first step is consulting an attorney to understand if your claim falls under medical malpractice.
What Can I Expect in a Cerebral Palsy Lawsuit?
A cerebral palsy malpractice case must prove that there was a violation of the standard of care, an injury was caused by negligence, and the injury resulted in significant damages to the infant. Medical malpractice claims can be filed against the hospital, physician, or healthcare professional responsible for the damages. A cerebral palsy lawyer can help you understand if you have a valid claim and decide what steps to take next.
In Florida, to move forward with the malpractice case, the plaintiff must seek a written medical expert opinion supporting the claim that malpractice exists. Before filing, Florida law requires plaintiffs to serve a notice of intent to the defendant(s), which your attorney will walk you through. The defendant’s insurance company is required to respond to the notice within 90 days stating that they admit liability, offer to settle, or reject the malpractice claim.
Time is of the essence in medical malpractice suits because of the statute of limitations in such cases. Thus, it’s important to consult a malpractice attorney quickly. Additionally, malpractice claims can be quite complex; having an attorney on your side as soon as possible can make a large difference in your case.
What Paperwork Is Needed?
Medical malpractice injuries occurring at birth require a large amount of paperwork and legal knowledge. Our attorneys will do the heavy lifting in the filing of your claim so that you can concentrate on caring for your loved one.
Some of the items your lawyer will collect are medical records, imaging results, birth records, blood test results, photographs, expert witness opinions, medical bills, insurance correspondence and policy language, and other documents specific to your case.
If your child has been impacted by the negligence of a doctor, hospital, or healthcare professional, give us a call today. We will work tirelessly for you to ensure you get the maximum compensation allowed so that you can provide the best possible care for your child and family.