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Cerebral Palsy Caused by Medical Negligence

Cerebral palsy (CP) is a lifelong neurological disorder caused by birth injuries. It affects mobility, speech, and overall well-being. If you think medical malpractice played a role in your child’s cerebral palsy, you should seek guidance from an experienced cerebral palsy lawyer right away. You and your family may be entitled to significant financial compensation.

At Munley Law, our dedicated cerebral palsy attorneys can help you understand your legal options and fight for the compensation you deserve. Call today for a free consultation with a compassionate cerebral palsy lawyer who will listen to your story and offer a reasonable assessment of your case.

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What is Cerebral Palsy?

Cerbral Palsy LawyerTo better understand your child’s condition, let’s break down exactly what cerebral palsy is. According to the Centers for Disease Control and Prevention (CDC), cerebral palsy is the most common motor function disability in children. It’s classified as a collection of brain disorders that impact movement, balance, and posture. About 1 in every 323 children have it.

What Causes Cerebral Palsy?

CP is caused by abnormal brain development or damage to the developing brain. That damage affects the child’s ability to control his or her muscles. The damage can happen before, during, or after birth while the child’s brain is still developing.

The most common causes of cerebral palsy are:

  • Oxygen Deprivation: During pregnancy and childbirth, the baby’s brain needs constant oxygen and blood. If that circulation is interrupted or restricted, it can damage the baby’s brain cells.
  • Maternal Infections: Infections during pregnancy or labor can lead to CP. Viral infections like rubella and cytomegalovirus damage the baby’s developing brain. Chorioamnionitis, a placental membrane and amniotic fluid infection, can also damage the brain cells, causing cerebral palsy.
  • Premature Birth: Premature babies may experience brain hemorrhages and periventricular leukomalacia, which cause brain damage that results in CP.
  • Delayed C-Section: If there are complications during labor and delivery, an emergency C-section may prevent oxygen deprivation to the baby. For various reasons, medical professionals will delay an emergency C-section, resulting in brain damage. Delayed c-sections are very likely the leading cause of birth injuries that result in cerebral palsy.
  • Head trauma: If the baby gets stuck or has difficulty passing through the birth canal, a doctor may use forceps or vacuum extractors to help get the baby out. If there is an excess level of force used, it can cause internal damage to the baby’s head and brain.

What are the Most Common Types of Cerebral Palsy?

There are four different types of cerebral palsy. They are categorized by the body parts affected by the condition and the type of brain injury the child suffered.

Spastic CP: The most common type of cerebral palsy, affecting over 80% of all CP patients. Spastic CP causes muscle stiffness in the area affected, which makes it very difficult for the child to move.

There are three subtypes of spastic CP, which are based on the area of the body that was affected by the developed cerebral palsy:

  • Diplegia: Affects muscles in the individual’s legs and lower body, forcing their knees and legs to pull inwards. The child will often need special crutches to walk.
  • Hemiplegia: Affects only one side of the body but not the other. With this type of CP, the arms and upper body are generally more impacted than the legs and lower body.
  • Quadriplegia: Affects the child’s entire body, causing stiffness in all four limbs and the face.

Dyskinetic CP: This type of cerebral palsy is when the patient can’t control their movements. Muscles change tone often, even multiple times in a single day. This causes movements and reactions anywhere from slow to fast and jerky.

Ataxic CP: In this form of cerebral palsy, the patient’s balance and coordination are impacted. While they can move around still, they will have difficulty with quick or sudden movements.

Mixed CP: It’s common for a patient to have more than one of the above types of cerebral palsy. According to the CDC, the most common combination is spastic-dyskinetic CP.

What Are the Signs and Symptoms of Cerebral Palsy?

If your child was born with Cerebral Palsy you may need Allentown Cerebral Palsy Lawyer from the team at Munley LawEarly detection of cerebral palsy is crucial to the child’s development. While normal development varies, there are early signs of cerebral palsy, like delayed milestones, stiff or floppy limbs, and uneven movement. Here is what you want to look for in babies younger than six months:

  • Stiff or floppy limbs
  • Unable to lift or control head
  • Legs are stiff or they often cross
  • Overextends back when cradled
  • Sudden contractions or movements, which include seizures

Signs and symptoms of CP in babies older than six months include:

  • Doesn’t roll over at all
  • Doesn’t bring hands together
  • Hard to bring hands to mouth
  • Only reaches with one hand while keeping the other one fisted
  • Speech, hearing, or vision issues
  • Involuntary movements

Telltale signs in babies older than ten months:

  • Lopsided crawls
  • Doesn’t use all four limbs to crawl
  • Excessive drooling
  • Limited range of motion
  • Poor fine motor skills

Does CP Get Worse Over Time?

Cerebral palsy isn’t a progressive disorder, meaning it will not worsen over time. However, once the damage to the brain occurs, it cannot be reversed. The child’s treatment options focus on managing symptoms and improving life quality.

What Are the Financial Implications For a Cerebral Palsy Diagnosis?

Some experts estimate that parents should expect to spend around $1.5 million on their child’s indirect and direct medical expenses after a CP diagnosis.

Since so many cerebral palsy cases are caused by a preventable birth injury, the diagnosis often takes parents by surprise. They had no idea their child would develop CP and didn’t save their money accordingly. Therefore, when confronted with a new reality, it can quickly send them into financial turmoil.

This is where a cerebral palsy attorney can help. When you file a cerebral palsy lawsuit against negligent medical professionals, you can recover enough compensation to offset new medical costs for your child. The cerebral palsy lawyers at Munley Law will spend time discussing your case at no cost to you. Call today to speak with one of our experienced cerebral palsy lawyers, who can guide you through the claims process.

Can Medical Negligence Cause My Baby’s Cerebral Palsy?

Birth injury lawyer Caroline MunleyIf a birth injury resulted in your child developing cerebral palsy, you have the right to pursue a medical malpractice lawsuit against the negligent healthcare providers. Let’s break down the different components of a cerebral palsy lawsuit:

Laws on Birth Injuries

According to state medical malpractice laws, an injured patient can file a birth injury case against the medical professional and/or hospital if they suspect medical negligence played a role in their child’s CP diagnosis.

However, many states require additional support to file birth injury lawsuits. In Pennsylvania, for example, the plaintiff must provide an expert witness review and a certificate of merit. Your attorney must sign the certificate within 60 days of filing your complaint. Additionally, the victim has just two years to file a cerebral palsy lawsuit. If they do not file within that time frame, they will forfeit their rights to any compensation for their child’s injuries.

These restrictions can seem extremely overwhelming, especially when navigating a new normal with your child. Our birth injury attorneys will handle all the necessary paperwork and time limits. We will ensure your claim is filed correctly and on time so you can recover maximum compensation for your losses.

Who Can Be Held Liable for My Child’s Birth Injury?

Generally speaking, the medical professionals who were involved in your care and your child’s care during pregnancy, labor, and delivery could potentially be held liable for a cerebral palsy birth injury. A cerebral palsy lawyer will help you determine which individuals’ actions deviated from the accepted standard of care and directly caused your child’s injury. This can include:

  • Obstetricians and gynecologists
  • Neonatologists
  • Nurses and midwives
  • Anesthesiologists
  • Other hospital staff
  • Hospitals or birthing centers
  • Medical device manufacturers

When Should I Hire A Birth Injury Attorney?

You should hire a birth injury attorney as soon as you believe that medical negligence is the cause of your child’s cerebral palsy. Here’s what a cerebral palsy attorney will do for you as you take legal action:

  • Take care of all the paperwork for your claim
  • Determine the at-fault parties
  • Prove negligence by building a rock-solid case around your claim
  • Negotiate with the insurance companies for a fair settlement
  • Take your case to trial if a settlement cannot be reached

What Damages Are Awarded in a Birth Injury Lawsuit?

Currently, there is no cap on economic or non economic damages for a cerebral palsy case. A successful claim can result in the following damages awarded to you and your family:

  • Current and future medical expenses
  • Current and future lost wages
  • Pain and suffering
  • Punitive Damages

Speak to an Expert CP Medical Malpractice Attorney

Learning your child has cerebral palsy is life-altering. But don’t navigate this alone if you suspect medical negligence played a role. You deserve compensation for your child’s lifelong needs and the emotional toll.

How Much Does a Cerebral Palsy Lawyer Cost?

At Munley Law, our cerebral palsy lawyers work on a contingency fee basis. If we win your case, you don’t pay anything upfront and only owe a percentage of the recovered compensation.

What Should I Look for in a Cerebral Palsy Lawyer?

  • Compassion and understanding: This journey is emotional, and your lawyer should be a supportive guide.
  • Experience and success rate: Seek a lawyer with a proven track record in handling cerebral palsy cases.
  • Strong relationships with medical experts: Expertise is crucial for navigating complex medical issues.

The Munley Law Birth Injury Lawyers Are Committed to Your Child’s Future

We understand the unique challenges families face after a cerebral palsy diagnosis. Our team has extensive experience in medical malpractice cases, securing millions of dollars for clients. Don’t wait to get the help you and your child need. Schedule a free consultation with a compassionate Munley Law medical malpractice attorney today.

Do I Have A Case?

If you think you may have a personal injury case, contact us now for a FREE consultation.

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