Understanding Birth Injuries: Cerebral Palsy

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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Cerebral Palsy (CP) is a broad term that covers a group of chronic medical conditions which impair muscular functions, cause mental impairment and seizures, and can stunt growth, lead to depression, or hinder vision and hearing. Although it has many causes, Cerebral Palsy can be the result of a birth injury caused by doctor or hospital malpractice.  If your child suffers from CP because of doctor error, contact an experienced attorney for legal assistance.

Liability for Cerebral Palsy Birth Injuries

CP is caused by a brain’s failure to develop properly or by damage on a child’s developing brain. The disorder can be sustained during pregnancy (congenital cerebral palsy), during the birth process, or any time after birth during the first couple of years.  While CP is most commonly caused by pre-birth conditions, during the birthing process a severe oxygen shortage in the brain or trauma to the head of the newborn child during labor and delivery and severe jaundice can result in CP.

A birth injury resulting in Cerebral Policy does not mean the doctor or hospital staff is at fault – in some cases the condition can be detected or avoided and in others it cannot. A doctor is only liable when his/her negligence causes CP. Negligence occurs when a doctor’s action or failure to act grossly deviates from the proper standard of care required by law. For example, this may stem from a failure to timely diagnose, fetal distress during labor, misreading the fetal monitoring equipment, waiting too long to perform a C section, and mistreating severe jaundice. Review your case with an experienced attorney to determine if your child’s CP was the result of medical malpractice.

Value of a Cerebral Palsy Lawsuit

According to Cerebral Palsy injury lawyers who handle Cerebral Palsy medical malpractice lawsuits, children with Cerebral Palsy can experience a great number of side effects and often face great challenges in life.  Children suffering from CP are typically confined to a wheelchair and unable to really perform the usual functions of life because not only do they not have control of their legs, but they typically don’t have any control over their arms as well. In fact, they may not have control over any movements in their body. So any physical movements are terribly obstructed by this disease.

In some of the cases in children with more severe forms of Cerebral Palsy, they also have problems associated with eating and breathing  and those children often times are either ventilated or have tubes in their stomach where they’re fed. They’re often unable to move out of a bed for the rest of their life.

Whether your child’s Cerebral Palsy is mild or severe, it will be a lifelong condition that requires ongoing care and treatment – both of which come at considerable cost.  Before you consider legal action against the doctor or hospital which caused or contributed to your child’s CP, you will need to speak with an attorney and place a monetary value on your damages.  Calculating lifelong damages is a difficult task, so work with a lawyer to ensure you do not leave anything out or underestimate the compensation you deserve.

Cerebral Palsy Attorneys

Because this field is highly technical and the damages can be high, it is almost inevitable that you will have to seek the services of a qualified medical malpractice lawyer. An experienced cerebral palsy lawyer can be consulted about the causes of the child’s condition and possible birth injury. If you have a legal claim arising from your child’s CP, you will need a lawyer to counter the defenses presented by opposing attorneys, file the appropriate legal action, value your claim, and get you the compensation that you need and deserve.

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