If your child was diagnosed with cerebral palsy as a result of medical malpractice, the Bethlehem, PA, cerebral palsy attorneys of Munley Law can guide you through the legal process and help you get compensation for your child’s medical needs. For almost seven decades, we’ve supported parents whose children suffered birth injuries, as well as other injured Pennsylvanians, to hold accountable those responsible for their pain, suffering, and other losses.
All our partners have been named to the National Trial Lawyers’ Top 100 Trial Lawyers in Pennsylvania list and have received AV Preeminent ratings from Martindale-Hubbell, the directory’s highest rating. Marion and Caroline Munley have also been recognized for their work in medical malpractice litigation by Best Lawyers and the National Trial Lawyers, respectively. We’ve also been honored by the American Association for Justice and Irish Legal 100, among others. Our cerebral palsy lawyers have secured multi-million-dollar settlements and verdicts, including $5 million and $4.35 million in medical malpractice settlements. Gain the peace of mind that comes with knowing you’ve entrusted your case to the best birth injury lawyers in Lehigh and Northampton counties.
Contact Munley Law today for a free consultation. We’re available 24/7, and you’ll only pay a fee if we win your case.
What is Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that impact a person’s movement, balance, and posture. For some people with cerebral palsy, it can also cause intellectual disabilities, seizures, vision, hearing or speech loss, and spine and joint problems. Unlike Erb’s palsy, which is typically identified immediately after birth, cerebral palsy symptoms may not become apparent until months or years later.
Cerebral palsy is considered the most common motor disability in childhood in the United States. According to Cerebral Palsy Guidance, approximately 10,000 babies are born with cerebral palsy, and between 1,200 and 1,500 school-aged children are diagnosed with the disorder every year.
A child may be diagnosed with cerebral palsy for several reasons, with many parents noticing a delay in their child’s ability to reach motor skills and movement milestones like rolling, sitting, crawling, standing, or walking.
Cerebral palsy may be caused by abnormal brain development in the womb, but it can also occur during birth or shortly after that. Causes of cerebral palsy can be categorized before birth and during or after birth.
Before Birth
Most babies diagnosed with cerebral palsy were found to have an issue with the development of their brains while growing in the womb.
This includes damage to the white matter as a result of lack of blood or oxygen in utero, maternal infection during pregnancy, a stroke that causes bleeding in the baby’s brain or blood supply to be cut off, or an injury to the baby’s head while in the womb.
During or After Birth
Cerebral palsy can also occur during or after birth. This may be due to asphyxiation during a long delivery, a brain infection, head injury due to excessive use of force, choking or nearly drowning, hypoglycemia, or stroke. According to Cerebral Palsy Guidance, around 80% of cerebral palsy cases are a result of birth complications, birth injuries, or other prenatal incidents.
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Call Us At 844-686-5397 When Is Cerebral Palsy the Result of Medical Malpractice?
Unfortunately, cerebral palsy cannot always be avoided. However, there are situations where a doctor causes the child to experience oxygen deprivation or an injury to the head and brain, leading to cerebral palsy.
Examples of medical negligence causing cerebral palsy include:
- Failure to detect fetal distress, including lack of oxygen, detachment of the placenta, uterine rupture, or problems with the umbilical cord (umbilical cord prolapse)
- Failure to detect and treat infections in the mother or child
- Failure to perform a cesarean section (C-section)
- Improper use of delivery aids, such as forceps or vacuum extraction
In some cases, families may have a claim for medical malpractice if the mother was not given proper prenatal care, resulting in the child developing cerebral palsy. A Bethlehem cerebral palsy birth injury lawyer can explain your options.
Treatment of Cerebral Palsy
There is no cure for cerebral palsy, but there are therapies that children and adults with cerebral palsy can do to help with their quality-of-life care. While more than 50% of children with cerebral palsy can walk independently, more than 41% of babies and children with the disorder will have limited crawling, walking, and running abilities, according to Cerebral Palsy Guidance.
Therapies for cerebral palsy include:
- Physiotherapy
- Speech and language therapy
- Occupational therapy
Some patients may also benefit from certain medications for muscle stiffness, anti-seizure medicines, and painkillers.
In severe cases, surgery may be required for feeding tubes, scoliosis, and bladder control.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
What are the Long-Term Needs for a Cerebral Palsy Birth Injury in Bethlehem, PA?
According to the Centers for Disease Control and Prevention (CDC), 58.9% of children with cerebral palsy can walk independently, 7.8% can walk using a hand-held mobility device, and 33.3% have limited or no walking ability. Many patients with cerebral palsy require ongoing physical therapy to encourage muscle movement.
Many patients with cerebral palsy require ongoing physical therapy to encourage muscle movement. In addition to the medical care and therapies required, long-term needs for a cerebral palsy birth injury include:
- Medical treatment to manage symptoms
- One or both parents become a caretaker
- Home modifications
- Assistive devices
- Home healthcare
Some patients may also experience anxiety and depression as a result of their cerebral palsy diagnosis, which may require mental health care.
How Can a Bethlehem Cerebral Palsy Lawyer Help Me?
Bethlehem birth injury lawyers help families whose children develop cerebral palsy as a result of medical malpractice. At Munley Law, we have the experience and resources to handle your birth injury claim. We work with medical experts to understand the specifics of your child’s diagnosis and their and your family’s needs moving forward.
Our birth injury attorneys will develop a strategic plan to obtain the compensation you need for the medical care your child requires.
Munley Law PA medical malpractice attorneys:
- Establish negligence
- Gather evidence of medical error
- Calculate the value of your claim
- Handle negotiations
- Represent you in court
A medical malpractice case can be a long process as it will be you against the hospital, doctor, or other medical provider and their insurance. As your birth injury attorney, we will fight against the negligent physician so you get the compensation you deserve.
How Do We Prove Negligence in a Cerebral Palsy Birth Injury Lawsuit in Bethlehem, PA?
Your lawyer needs proof of negligence to bring legal action against the medical provider or facility. They also need to obtain a certificate from a medical expert confirming the case has merit, under 231 Pa. Code Rule 1042.3.
To establish a cerebral palsy medical malpractice lawsuit, you must show that:
- The medical provider owed a duty of care to the patient
- The care provided fell below the accepted standard of care, causing a breach of duty
- The lack of care caused the cerebral palsy diagnosis
Proving that your child’s cerebral palsy is a result of medical error and not a birth defect that could not be avoided can be challenging, but our law firm handles the toughest of claims.
What Compensation Can I Recover for Birth Injuries?
You may be entitled to economic and non-economic damages for your child’s birth injuries. Economic damages include:
- Past and future medical expenses related to the diagnosis
- Home modifications
- Rehabilitation
- Physical therapy and developmental therapies
- Lost wages
- Assistive devices
Non-economic damages include:
- Pain and suffering
- Disability
- Loss of the enjoyment of life
- Loss of consortium
The amount of compensation you are entitled to will ultimately depend on the severity of your child’s injury and long-term needs.
What is the Statute of Limitations for Bethlehem Cerebral Palsy Birth Injury Cases?
Under 42 Pa. C.S.A. § 5524, you have two years to file a birth injury claim in Bethlehem. As the lawsuit involves a minor, the clock on the statute of limitations begins when the child reaches age 18. However, filing a claim sooner can be more beneficial as you accumulate costs for the child’s care that must be addressed.
Why Choose Munley Law for Your Bethlehem Cerebral Palsy Lawyer?
Established in 1959, Munley Law boasts an award-winning legal team with more than 250 years of combined experience. Marion Munley, Daniel Munley, J. Christopher Munley, and John Mulcahey are board-certified in Civil Trial Advocacy and Civil Trial Law by the National Board of Trial Advocacy, highlighting their professionalism and expertise.
Caroline Munley was named to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania by the National Trial Lawyers, while Marion was named Lawyer of the Year for Personal Injury Litigation and Medical Malpractice Law by Best Lawyers. Our attorneys have also been recognized and honored by the American Board of Trial Advocates, the American Association for Justice, and Lawdragon, which named all our partners to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list.
Among our victories on behalf of clients are $3.5 million, $3.2 million, $1.2 million, and $1 million medical malpractice case settlements. At Munley Law, we will treat you with compassion and respect, build the strongest case possible, and pursue justice and full, fair compensation for you and your child.
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Frequently Asked Questions About Bethlehem Cerebral Palsy Lawyers
Can Cerebral Palsy Be Caused by Medical Malpractice?
Yes, cerebral palsy can be caused by medical malpractice when a healthcare provider fails to meet the accepted standard of care before, during, or shortly after birth. Errors such as failing to respond to fetal distress, delaying a necessary C-section, or improperly using delivery tools can lead to brain damage. If negligence caused oxygen deprivation or head trauma, a medical malpractice claim may be possible.
How Do I Know if My Child’s Cerebral Palsy was Preventable?
Knowing if your child’s cerebral palsy was preventable requires a detailed review of medical records and expert analysis. A qualified birth injury attorney can work with medical experts to assess whether your child’s condition resulted from unavoidable complications or from medical errors. This evaluation is crucial for establishing whether you have a valid medical malpractice claim.
What Compensation is Available in a Cerebral Palsy Birth Injury Case in Bethlehem, PA?
Compensation for economic and non-economic damages may be available in a cerebral palsy birth injury case in Bethlehem, PA. This can include past and future medical expenses, therapy costs, assistive devices, home modifications, and lost income, as well as pain and suffering and loss of quality of life. The amount of compensation depends on the severity of the injury and the child’s long-term needs.
How Long Do I Have to File a Cerebral Palsy Birth Injury Lawsuit in Bethlehem, PA?
In Bethlehem, PA, the statute of limitations for filing a cerebral palsy birth injury lawsuit is generally two years, as per 42 Pa. C.S.A. § 5524. However, when the injured person is a minor, the deadline is extended, and the clock typically starts when the child turns 18. Even so, filing sooner can help preserve evidence and address mounting medical expenses, home modifications, and other necessities.
How Can a Bethlehem Cerebral Palsy Lawyer Help My Family?
A Bethlehem cerebral palsy lawyer can help your family by investigating your case, gathering evidence, consulting medical experts, and handling all legal aspects of your claim. They will fight to prove negligence, negotiate with insurance companies, and, if required, represent you in court. Their goal is to secure the compensation your child needs for lifelong care and support.
Munley Law Bethlehem Cerebral Palsy Lawyers: Fighting For Our Children
If your baby suffered an injury at the hands of doctors, nurses, or another medical provider before or during the birth process, contact Munley Law. We represent people wronged by medical professionals during the birthing process and recover compensation for the losses they endured.
Medical malpractice lawsuits are complex, especially those related to brain injury and cerebral palsy. However, we have experience with some of the most complex cases and will draw on that experience to support your claim.
For a no-obligation, free consultation, contact Munley Law. Our firm works on a contingency basis, which means you pay nothing up front, and we only get paid if we secure financial compensation for you.
Call now for a free consultation and learn what Munley Law personal injury attorneys can do for you.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
