Understanding Your Legal Rights After a Cerebral Palsy Birth Injury When a child is diagnosed with cerebral palsy as a result of birth complications, families tend to go through emotional distress, increasing medical bills, and insecurity about their future. Cerebral palsy is an irreversible condition affecting movement, coordination, and posture. In most instances, it is a product of medical negligence or mistakes during labor and delivery. If your child’s condition might have been avoided, you could be compensated through legal means.
At Child Brain Injury Law Center, we are dedicated to guiding families through the legal process of birth injury and medical malpractice. The following article is the information parents need to consider making a legal claim for cerebral palsy.
What Is Cerebral Palsy? Cerebral palsy (CP) is a brain disorder that results from damage to a child’s developing brain, most often before, during, or shortly after birth. The severity and symptoms differ, but can include: •
Muscle stiffness or floppiness
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Delays in the achievement of developmental milestones
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Clumsiness with balance and coordination
Although CP occasionally occurs as a result of genetic disorders or as-yet unknown causes, many cases have identifiable causes which are preventable birth injuries. These can include: •
Lack of oxygen to the brain (hypoxia)
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Failure to have an emergency C-section
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Forceps or vacuum extraction trauma Labor complication mismanagement
Knowing why your baby has this condition is the initial step in determining whether legal action is advisable.
Recognizing Medical Negligence
Physicians are obligated to comply with standard practices and protect both mother and baby from harm when delivering babies. Failure to adhere to these standards, and resulting harm occurring, might be deemed medical negligence. If you believe your child’s condition was brought on by delivery errors, meeting with a cerebral palsy injury attorney can assist you in learning about your rights. A seasoned attorney will: •
Review medical records
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Determine whether or not negligence was the cause of your
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Confer with experts
child’s diagnosis
Filing a Cerebral Palsy Birth Injury Claim Suing for a cerebral palsy birth injury can offer the monetary compensation required to cover: •
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Long-term care costs Therapies Assistive equipment Other necessary resources
Damages may also include lost earning capacity and emotional suffering. All states have a time limit for bringing a medical malpractice action, usually one to three years after discovery of the injury. Since birth injuries might not occur until months or years later, it’s essential to move as soon as you suspect a problem. A lawyer will walk you through the entire process, from: •
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Collecting paperwork and medical exams Working out deals with insurance providers Going to trial, if necessary child brain injury
How a Lawyer Can Help
Families who must contend with the facts of birth injury cerebral palsy tend to feel burdened. The legal process is sophisticated, particularly where medical records, expert opinions, and proving causation are involved. An experienced lawyer can: •
Handle legal and investigative responsibilities
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Build a strong, evidence-based case
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Allow you to focus on your child’s care
When selecting a lawyer, look for someone who: •
Has experience in birth injury and medical malpractice
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Has access to a network of medical professionals and experts
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Is familiar with both medical and legal aspects of cerebral palsy
What Sets Child Brain Injury Law Center Apart? At Child Brain Injury Law Center, we focus on advocating for families who have been injured during birth. Our attorneys are aware of the special complexities of parenting a child with cerebral palsy and are committed to ensuring that you receive the benefits you deserve for a brighter future. We work closely with medical experts and investigators to build strong cases that hold negligent healthcare providers accountable. Our approach is: •
Compassionate
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Driven by a deep commitment to justice
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Client-focused
Common Questions About Cerebral Palsy Legal Claims How long does a legal case take? Every case is different, but birth injury lawsuits can take several months to a few years depending on the complexity and whether a settlement is reached early. Do I pay an up-front fee? Most cerebral palsy attorneys represent clients on a contingency fee basis. This means you do not pay anything unless they recover for you. What type of compensation can we expect? Compensation can include: •
Past and future medical costs
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Rehabilitation charges
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Pain and suffering Special education Home alterations And more
Take the First Step Toward Justice If your child was diagnosed with cerebral palsy and you suspect it could be due to medical negligence, don’t hesitate to get legal advice. A qualified attorney can examine your case and assist in determining whether or not you have a legitimate claim. Contact Child Brain Injury Law Center today for a free consultation. We’re here to stand with you, advocate for your child, and fight for the compensation your family deserves.
Final Thoughts
No amount of financial compensation can reverse the difficulties of a child brain injury, but seeking justice can help give your child the support he or she needs to succeed. Legal recourse not only benefits your family, but it can also create a preventive effect against future negligence by holding medical professionals accountable. Let Child Brain Injury Law Center be your most trusted ally in this quest for hope, recovery, and justice.
