Cerebral Palsy is typically a genetic mutation, but delivery complications and medical malpractice can sometimes lead to this birth injury. If your infant was diagnosed with Cerebral Palsy, you may be able to file a lawsuit to seek compensation for medical bills and other damages.
Our local New Jersey law firm represents victims of medical malpractice, including those who have been diagnosed with Cerebral Palsy. We understand that this is a disorder that can cause life-long disability for your child. While the neurological condition is not progressive, there may be a number of medical expenses that incur over the years.
Call our experienced Cerebral Palsy lawyers today for a free consultation to learn more about your legal options. A lawsuit can help recover compensation to cover treatments, therapies, and ongoing care.
Yes, it is possible to file a birth injury lawsuit against the doctor or medical facility if your child was diagnosed with Cerebral Palsy. Cerebral Palsy can occur naturally, but if your physician used out-of-the-ordinary techniques when delivering your baby, or mishandled signs of distress, you can pursue compensation. There are statutes of limitations on filing a case, so it is recommended to contact an experienced attorney as soon as possible.
An experienced Cerebral Palsy lawyer will be able to investigate and help determine the difference between a true accident or medical malpractice. Medical negligence is the failure of a healthcare professional to meet the standard of care determined by the medical community. This includes doctors, nurses, other medical professionals, and even the facilities. The following risk factors may be grounds for a medical malpractice lawsuit:
Failure to Perform a C-Section
Cerebral Palsy can be caused by oxygen deprivation. An emergency C-section may be necessary to provide the proper oxygen. If a medical professional fails to notice the lack of oxygen in the infant, such as a change in heart rate, and Cerebral Palsy is diagnosed, you may have grounds for a birth injury lawsuit.
Improper Fetal Distress Response
Similar to the possibility of needing an emergency C-section, other medical emergencies or a medical mistake during pregnancy or birth may lead to Cerebral Palsy. This can include the umbilical cord being wrapped around the neck, or severe trauma to the infant's head or spinal cord during delivery.
Failure to Monitor
During labor and delivery, close monitoring with medical equipment is necessary to be aware of any infant distress or lack of oxygen. The heart rate of the child and measuring oxygen levels are all important for making sure the condition is stable before, during, and after delivery. Having healthcare professionals properly monitor the birth process is needed.
If you are seeking to file a lawsuit against the medical professional who delivered your child, it is important to fully investigate the professional's actions and the birth injury to establish a direct connection.
There can often be many questions surrounding brain damage, hiring a Cerebral Palsy lawyer, medical malpractice cases, and filing a Cerebral Palsy lawsuit. As an experienced birth injury attorney, our lawyers have answered some commonly asked questions. If you still have questions for our Cerebral Palsy attorneys, call for a free consultation about your child's Cerebral Palsy.
There are statutes of limitations for medical malpractice and birth injuries. This means that there is a limited amount of time in which medical malpractice cases may be filed. Each state is different and in New Jersey, medical malpractice claims must be filed within two years from the date of injury. For birth injury cases specifically, and since a Cerebral Palsy diagnosis may not be immediate, the lawsuit must be filed by the child's thirteenth birthday.
Although the statute of limitations allows for several years, you should contact an experienced medical malpractice lawyer as soon as you become aware of a diagnosis. As there is more time between the birth and filing of a lawsuit, it can become more difficult to investigate medical professionals and the facilities.
Medical records may refer to Cerebral Palsy as hypoxic ischemic encephalopathy, which means brain damage due to oxygen deprivation at birth.
Our NJ birth injury lawyers investigate medical malpractice claims and fight for compensation for victims. In cerebral Palsy cases, compensation recovered can include coverage for medical bills, doctor visits, surgery, and many other forms of treatment. This can include:
It may also be possible to seek compensation for your child's Cerebral Palsy treatment, future living expenses, lost wages, pain and suffering, and your child's quality or loss of enjoyment of life. Call our New Jersey medical malpractice law firm today to learn more about filing a birth injury case.
Cerebral Palsy affects part of the brain that controls motor function, either happening naturally or due to medical errors. The brain injury can manifest in the following symptoms:
Cerebral Palsy lawyers have experience in filing medical malpractice and birth injury lawsuits. Medical negligence cases are difficult to handle without an attorney. Defendants often have experienced legal teams paid for by big insurance companies, and navigating the process alone can be difficult.
Our Cerebral Palsy attorneys fully investigate cases, including gathering medical records, doctors, finding witnesses and holding negotiations.
Not all lawyers are the same. Our local New Jersy personal injury law firm has experience representing medical malpractice cases and cerebral palsy victims. Because of the statute of limitations on medical malpractice, it is best to reach out to an experienced team of cerebral palsy lawyers to learn about your legal options.
If your child's birth injury has led to a Cerebral Palsy diagnosis, you may be able to file a claim. Our attorneys offer free consultations for personal injury cases such as a birth injury or Cerebral Palsy case. Our lawyers know that filing a lawsuit can be stressful and understand the importance of building an attorney-client relationship for sensitive cases such as those involving your child's birth injuries.
Learn more about Cerebral Palsy in the book Understanding Cerebral Palsy: A Guide for Parents and Professionals by Marion Stanton.