In the majority of cases, cerebral palsy is the devastating result of complications during pregnancy and childbirth. While some causes of cerebral palsy are not foreseeable, many are preventable with appropriate medical care. Our doctors and other medical professionals have a duty to provide the highest level of care, skill, and prudence possible in order to avoid injury and harm. When a medical professional's negligence or carelessness results in harm to our children or ourselves, we have the right to hold them accountable for our losses and suffering.
Tragically, thousands of newborns and young children are diagnosed with cerebral palsy every year. In too many of these cases, a doctor, nurse, hospital, or other medical professional could have prevented this life-long condition by providing a greater degree of care when we needed it most. This negligence can occur during pregnancy or childbirth.
During pregnancy, adequate prenatal care is necessary to ensure the health and safety of the developing child. A number of risk factors can be present during pregnancy that can increase the risk that a child will develop cerebral palsy, including maternal diseases and infection, blood incompatibility, fetal seizures or anoxia, and much more. In many cases, prenatal risks can be identified and addressed to avoid the possibility of cerebral palsy.
Cerebral palsy can also develop due to complications during labor and delivery. Medical professionals have a responsibility to anticipate, identify, and promptly treat any complications that arise during childbirth. Failure to respond to maternal or fetal distress signals, failure to properly manage labor and delivery, and other instances of negligence can increase the risk that a child will develop cerebral palsy or other birth trauma.
In cases of cerebral palsy caused by clinical negligence during pregnancy and childbirth, the family may be able to seek help covering the enormous costs of caring for their child. These costs can be overwhelming. In 2003, the Center for Disease Control estimated that the average lifetime cost of caring for a child with cerebral palsy totals over $921,000. This is far greater than the cost of caring for a healthy individual. While government and social programs exist to assist families and individuals with chronic conditions, much of the financial burden of cerebral palsy is borne by the family.
If you suspect your child’s cerebral palsy was caused by medical malpractice, you have the legal right to pursue a medical malpractice claim to seek compensation for past and anticipated costs of caring for your child. Due to the complex nature of cerebral palsy cases and medical malpractice laws, it is wise to seek the early advice of a qualified medical malpractice attorney who has experience in cerebral palsy litigation.
We are devoted to resolving your case successfully so that you and your child can get the compensation you deserve. We are available to evaluate your case FREE OF CHARGE to answer your questions and determine the best way to help you and your family. Together, if we decide it is in your best interest to pursue a medical malpractice claim, we will prepare your case for trial to maximize your interests. Additionally, we will never negotiate a settlement or take other legal action without your full understanding and consent. We work on a “contingency fee” basis so it will cost you nothing to file a medical malpractice lawsuit unless we successfully resolve your case.
Every medical malpractice claim is subject to a statute of limitations, which restricts the time you are eligible to pursue a claim. For this reason, it is important to seek the early advice of a qualified attorney to preserve your legal rights. To learn more about cerebral palsy and medical malpractice, please contact us to speak with a qualified attorney.
Attorneys who are ready to help you with your Cerebral Palsy case. For more information or to set up a consultation, please contact us today!