Cerebral Palsy Lawsuits

Cerebral palsy is a motor disability that affects movement, balance, and bodily functions. It is the most common motor disability affecting children. It’s generally caused by brain damage before birth, during birth, or during perinatal care. Families with a child with cerebral palsy may need to provide lifelong care for their child.

If your child’s cerebral palsy was caused by medical malpractice, doctors and hospitals should pay you compensation for what they did. A cerebral palsy malpractice claim can help you get financial compensation. Talk to an experienced birth injury and cerebral palsy lawyer to understand your legal options.

What Is Cerebral Palsy?

Cerebral palsy (CP) is a motor disability. Child cerebral palsy is often caused by brain damage during pregnancy or birth. Spastic cerebral palsy is the most common type of CP. It causes muscle stiffness and jerky movements. This can make it difficult to walk, maintain balance, speak, and eat.

According to the Centers for Disease Control and Prevention (CDC), about 1 in 345 children has cerebral palsy. However, it can be difficult to diagnose CP in infants. It may take years before the signs and symptoms of motor dysfunction and brain damage appear.

What Causes Cerebral Palsy in Newborns and Children?

Cerebral palsy in newborns and children has different causes. Some risk factors associated with cerebral palsy include being born too small or too early. Other causes involve what happens to the baby during pregnancy, during delivery, or shortly after delivery. This includes:

• The mother having an infection during pregnancy
• Kernicterus, related to untreated severe newborn jaundice
• Brain infection after birth
• Labor complications

Some cerebral palsy cases result from a lack of oxygen to the brain during the birthing process. Birth complications can increase the risk of birth injury, including brain damage caused by oxygen deprivation. Possible complications that can increase the risk of brain damage include:

• Hypoxic-ischemic encephalopathy (HIE)
• Umbilical cord complications
• Improper use of a vacuum extractor for forceps
• Delayed cesarean section (C-section)
• Failure to monitor fetal heart rate

What Are Signs of Cerebral Palsy in Children?

Cerebral palsy has many different signs and symptoms, depending on the type and severity. Many parents and medical professionals can’t identify any problems with the child’s condition in the first couple of years of development. But as children get older, they may start to show signs of a movement disorder.

Signs of possible cerebral palsy may show when your child begins to push up, crawl, stand up, and walk. Children with CP may have difficulty with these functions, which puts them behind developmental milestones. Talk to your doctor for medical advice about your child’s development.

Who Is Responsible for a Child’s Cerebral Palsy?

In some cases, a child’s birth injuries involve negligent medical care. Medical negligence involves a failure to follow the expected medical standard of care. If a doctor deviates from standard medical practices and causes your child harm, the doctor may be liable for the injuries and their costs.

Many parties are involved in prenatal care, delivery, and postnatal care. You may not know who was responsible for any medical mistakes that caused your child’s cerebral palsy. Parties that may be liable in a cerebral palsy claim include:

• Doctors
• Registered nurses
• Obstetricians
• Hospitals
• Other health care providers

In medical malpractice cases, your lawyer will use a medical expert to review your medical records. A medical expert can identify the parties who may have committed medical errors.

Is There a Time Limit To File a Cerebral Palsy Lawsuit?

There is a time limit to take legal action after medical malpractice occurs. This is the statute of limitations. The amount of time varies by state. Some states have a longer statute of limitations than others. Generally, it ranges from one to four years after the incident. However, cases involving children or injuries discovered later may have more time.

Many states pause the running of the clock until children injured by medical errors reach a certain age. States may also start the time limit from when you discovered the injury. These exceptions depend on state law. You should contact an experienced cerebral palsy attorney as soon as possible to make sure you file your claim in time.

What Damages Can You Recover in a Birth Injury Case?

In a medical malpractice lawsuit, you can seek financial compensation for your family and on behalf of your child. This is a way to hold those who caused your child’s cerebral palsy liable for damages. Damages in cerebral palsy cases can be extensive because a child born with cerebral palsy can face a lifetime of medical care.

The CDC estimated that the lifetime cost of care for a child with cerebral palsy was over $920,000 in 2003. Those costs are likely much higher today. Damages in a cerebral palsy case can also include your child’s future losses, because they may have limited abilities and opportunities. Damages in cases of cerebral palsy can include:

• Medical bills
• Future medical expenses
• Adaptive mobility devices
• Loss of income potential
• Pain and suffering

How Can a Lawyer Help With a Birth Injury Lawsuit?

Birth injury lawsuits can be more complicated than other types of malpractice claims. There is a lot at stake. Doctors and hospitals may fight back to avoid liability, even if they are responsible. A birth injury lawyer experienced in cerebral palsy cases can file your claim to put you in the best position to get compensation.

Your lawyer can negotiate with insurance companies for a settlement amount to pay for your losses. If they don’t offer a fair settlement, your lawyer can take them to court to seek a jury verdict that compensates your child and your family.