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Cerebral palsy causes a child and their family to suffer undeserved pain and suffering. If your baby has received a cerebral palsy diagnosis, you may feel confused and scared. You’re not alone. In fact, over 17 million people live with cerebral palsy.
If you suspect that your child’s cerebral palsy was caused by a birth injury, you need to contact a cerebral palsy lawyer. Our Atlanta medical malpractice lawyers have successfully represented many birth injury victims. We welcome the opportunity to win justice for your child, as well.
Cerebral palsy is a group of disorders that affect a person’s ability to move and maintain balance and posture. Many also suffer related conditions such as intellectual disability; seizures; vision, hearing, and speech problems; changes in the spine (such as scoliosis); or joint problems (such as contractures).
Cerebral palsy manifests itself in different ways depending upon which part of the baby’s brain was harmed during birth. Some children with cerebral palsy may only experience mild symptoms. Others may need 24-hour care.
Cerebral palsy is incurable. But, medical treatment can improve cerebral palsy victims’ lives. For example, physical therapy may loosen stiff muscles. Speech therapy may help your child communicate. Early therapy can also prevent those symptoms from worsening over time.
What Causes Cerebral Palsy?
Cerebral palsy can result from a brain injury caused by preventable medical errors during childbirth. For example, if your doctor failed to diagnose or treat any of the following conditions, you may have a medical malpractice claim.
Fetal Distress: When oxygen flow to the fetus is disrupted, it can cause oxygen deprivation (hypoxia) and lead to fetal distress. If it is not corrected or responded to properly, it can cause permanent damage and cerebral palsy.
Oxygen Deprivation: Failing to monitor a baby’s oxygen during labor and delivery, resulting in brain damage.
Jaundice: Jaundice usually appears shortly after birth, and some infants have mild cases that disappear within a few weeks after birth. However, severe cases left untreated can result in a rare form of brain damage.
Intracranial Hemorrhages: Intracranial hemorrhages, known as brain bleeds, can damage parts of the brain that control development and motor function. As a result, they often lead to cerebral palsy if they are not caught and treated quickly.
Neonatal Infections: An untreated infection can lead to severe complications such as meningitis or sepsis, which can result in permanent brain damage and cerebral palsy.
While providing prenatal care, obstetricians and gynecologists must identify any issues that may put the expectant mother or baby at risk. If you’re unsure how your child developed cerebral palsy, you should call a cerebral palsy lawyer.
Who Can Be Held Liable for Cerebral Palsy?
If you discover that your child’s cerebral palsy developed due to medical malpractice, the next step is determining who can be held responsible. When carefully monitored, there are key aspects of pregnancy, labor, and delivery that can help prevent birth injuries that lead to cerebral palsy. Doctors and other healthcare providers who fail to perform their duties or make bad judgment calls can face severe repercussions for their negligent actions. Depending on the circumstances, several parties may be legally liable, for example:
Obstetrician
Midwife
Nurse
Doctor
Hospital
Birthing Center
And any other healthcare providers involved in caring for you or your baby.
Your lawyer will order all of your medical records. Then, your lawyer will hire a medical expert to review them. If that expert determines that your doctor violated the standard of care and harmed your child, you may file a medical malpractice lawsuit.
A lawsuit is often the first step on your child’s road to recovery. Legal rights, however, are time-sensitive due to the statutes of limitation. Given those limitations, you should contact an experienced birth injury law firm ASAP.
Types of Compensation Available
If medical negligence is responsible for your child’s cerebral palsy diagnosis, you have the right to hold the at-fault party accountable for damages. Damage is a legal term that refers to the compensation obtained in a settlement or jury award to make up for a victim’s losses. The following types of damages are typically available:
Economic Damages
Reimbursement for actual financial losses, such as:
Medical Expenses: Current and future costs for care and treatment for your child’s cerebral palsy.
Lost Wages: Compensation for the amount of time you are unable to work while caring for your child.
Diminished Earning Capacity: If your child’s cerebral palsy prevents you from working in the future or forces you into a different line of work.
Non-Economic Damages
Compensation for incalculable or subjective losses, such as:
Pain and Suffering: Compensation for the physical and emotional pain and suffering your child must endure.
Loss of Enjoyment of Life: If your child can no longer engage in activities they would have been able to do if they hadn’t suffered cerebral palsy.
Disability: Compensation for having to suffer from a lifelong disability since there is no cure for cerebral palsy.
This is not an exhaustive list, as other types of compensation may be available. Additionally, punitive damages are awarded in some cases but reserved as punishment for defendants (at-fault parties) who exhibited an extremely reckless disregard for the safety of others.
Graham Scofield Injury Lawyers Can Help You
You and your child shouldn’t have to endure long-term suffering due to a preventable medical error. If you suspect that your child’s cerebral palsy was caused by a birth injury, you should contact an Atlanta birth injury lawyer to discuss your legal rights and options.
The cerebral palsy lawyers at Graham Scofield Injury Lawyers know that you’re struggling to understand what happened to your baby. You might even be blaming yourself. Don’t worry. We’ll figure out what happened. Then, we’ll help you and your child win justice.
Call us today at (404) 939-9470. Also, you may fill-out our online contact form to schedule a free case review with a cerebral palsy lawyer.
★★★★★
"When I felt all hope was lost, I contacted Graham Scofield to see if he could represent me. He immediately called me back and thoroughly reviewed with me the case. He was the most patient, kind, sympathetic and the upmost professional attorney throughout the entire process. He was also extremely knowledgeable about the law and was creative when the case worked through the twists and turns. He was also a heck of a fighter for me and got me more settlement than I was expecting. I only wish I called him sooner! Thank you so much Graham, you are an amazing lawyer!!"-Jason Niziol