Cerebral Palsy Lawyers
Are you the parent, grandparent or guardian of a child with special needs?
Does your child suffer from Cerebral Palsy, Erb’s Palsy, Mental Retardation, seizures, intellectual or physical limitations, or other injuries that may have occurred before, during or after birth? Do you ever ask, Why did this happen to my child? Do you ever wonder, Who will pay for all of the medical expenses due to cerebral palsy? Are you worried about, Who will take care of my child when I’m gone? Contact us for a free consultation and to help find out what really went wrong.
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Complete our Ask the Genius™ form and a LegalGenius Cerebral Palsy lawyer will contact you within 5 minutes.
The CDC reports Cerebral Palsy as the most common motor disability in childhood.
What is Cerebral Palsy?
Cerebral palsy is defined as damage to the motor areas of the brain, and may not be diagnosed for months after birth. Cerebral palsy may be acquired after the birth of a child. This results from damage to the brain in the first months, or years of life. The injury may be a brain infection (bacterial meningitis, viral encephalitis) or head injury following an accident.
The medical providers caring for the expectant mother and the fetus are responsible to assure that they provide adequate care during the pregnancy, during labor and delivery, and immediately after the delivery of the infant. Failing to do so can result in the doctors and nurses being held accountable for the outcome of the pregnancy. The problems that may be encountered include:
- Failure to interpret and respond to the changing conditions of the fetus during labor
- Failure to act on changes in the mother’s condition during pregnancy
- Failure to order specific tests during pregnancy; and not interpreting these tests correctly
- Failure to perform a cesarean section in the presence of fetal distress
- Failure to deliver the infant when the membranes have been ruptured for more than 24 hours.
Factors Suggesting Birth Injury Resulted During Birthing Process
Lack of oxygen to the unborn baby or at the time of birth or trauma to the head during labor and delivery can cause cerebral palsy. If the infant does not get enough oxygen the brain can be injured. There are many factors that suggest the injury occurred as a result of improper medical care, or insult to the brain during the birthing process:
- The baby requires resuscitation of oxygen at birth or after birth
- The infant demonstrates poor sucking after birth
- Seizures develop within 24 to 48 hours
- The child is floppy at birth
- The skin is blue or dusky at birth
- The infant needs resuscitation at, or shortly after birth because he/she is not breathing
- A baby who was born full-term, but does not go home at the same time as the mother
- There was no indication of trauma or infection during the pregnancy
- There is no history in the family of brain damage
- The infant has problems maintaining temperature after birth
- The bag of waters was ruptured for over 24 hours
- There is meconium (fecal) staining on the baby at the time of delivery.
The following are actual complaints of mothers where the medical negligence resulted in a child being born with cerebral palsy:
- Failed to do a C-Section or do a C-Section sooner
- Failed to diagnose fetal distress (the baby was having problems during labor)
- Did not interpret the fetal monitor strip correctly
- Did not act soon enough when:
– My bag of water broke
– I had bleeding
– My labor did not progress and took too long
– My blood pressure got too high
- Gave too much Pitocin and injured the baby
- Did not refer me to a doctor specializing in high risk pregnancies
- Did not have a pediatrician present at delivery when they knew there might be problems with my baby
Make LegalGenius Your Cerebral Palsy Lawyer
Our cerebral palsy lawyers handle medical malpractice cases that result from negligence in prenatal care, delivery, and post-natal care. Laws enacted to limit the number of malpractice cases have made this a highly specialized area of law. In most cases, birth injuries have natural causes and cannot be prevented. But for thousands of other children, a medical mistake is often a contributing factor to the brain damage, retardation, and difficulties with movement.
Erb’s palsy, Brachial Plexus Palsy, or Shoulder Dystocia occurs when excessive lateral traction is applied to the fetal neck region during delivery. This can cause child’s muscles to be torn, resulting in a limp arm. Each state has a statute of limitations which is essentially a deadline for filing cases. The statute of limitations for medical malpractice cases varies from state to state so individuals who suspect that malpractice has occurred should contact us immediately. Our office will start working on your case immediately and begin gathering the medical records and evidence to prove and win your case.
Do I have a case?
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