Three out of every 1,000 births in the United States will result in a baby being diagnosed with cerebral palsy. Sometimes, a child will develop cerebral palsy in the womb due to the brain not developing properly. Other times, cerebral palsy can be caused by medical negligence during the delivery process.
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.
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. Cerebral palsy is caused by abnormal brain development or brain damage.
Cerebral palsy is considered the most common motor disability in childhood, impacting more than 700,000 people in the United States.
What Causes Cerebral Palsy?
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 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.
When Is Cerebral Palsy the Result of Medical Malpractice?
Unfortunately, cerebral palsy sometimes cannot be avoided. But, there are situations where a doctor caused 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 like 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.
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.
Long-Term Needs for a Cerebral Palsy Birth Injury
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 attorney, we will fight against the negligent physician so you get the compensation you deserve.
Proving Negligence in Birth Injury Lawsuit
You need proof of negligence to bring legal action against the medical provider or facility.
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.
Statute of Limitations on Bethelem Birth Injury Cases
You have two years to file a birth injury claim in Bethlehem. Because 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.
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 in some of the most complicated cases and will use 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 upfront, 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.
