Negligence and cerebral palsy (CP) can have a cause-and-effect relationship. More specifically, negligence by medical providers increases the likelihood that a child will be born with cerebral palsy.
Negligence is when someone with a duty of care (like all medical professionals) acts unreasonably. In many cases, which may include yours, such unreasonable behavior leads directly to serious medical outcomes, including CP.
If you know or suspect that a medical provider's negligence contributed to your child's cerebral palsy, call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 to find out (at no cost) how the lawyers in our network can help.
Negligence Explained Through the Lens of Medical Care
In simple terms, negligence is unreasonable behavior. To be more specific, you should know that negligence in the medical context can mean both:
- Taking a course of action that proves harmful
- Failing to take action that may have prevented harm to a patient, including a child diagnosed with cerebral palsy
Our cerebral palsy negligence lawyers frequently prove medical providers' negligence by:
- Establishing that the negligent party owed you and your child a duty of care, which compels them to act reasonably (including taking measures to prevent cerebral palsy)
- Proving that the negligent party breached their duty of care to you and your child (there are many ways for a medical provider to endanger pregnant patients and their children)
- Proving that the breach of duty of care caused or contributed to your child's cerebral palsy
- Establishing the damages you have suffered because the negligent medical provider breached the duty of care
When the lawyers in our network make this argument that negligence has occurred, they will have the specific facts of your case in hand. Your cerebral palsy negligence lawyer will pinpoint the specific failures that have led your child to suffer a debilitating, lifelong medical condition.
Who Can You Hold Financially Liable for Cerebral Palsy-Related Damages?
Medical errors happen throughout the American healthcare system.
Your child's cerebral palsy may have resulted from one or more failures, and the lawyers in our network may find that those liable for the condition include:
- The doctor who oversaw your care while pregnant (or one or more of their subordinates)
- An anesthesiologist involved in the birth of your child
- The medical facility in which you received prenatal care
- The medical facility in which you gave birth
- The doctor who delivered your child (or one of their peers or subordinates)
- Other parties involved in your prenatal care or childbirth
When a medical provider is negligent, their employer can share liability for their negligent actions. Your attorney will demand justice for every failure that contributed to your child's CP and the devastating damages that result from such a serious medical condition.
How Medical Negligence Can Cause Cerebral Palsy
Cerebral palsy can result from direct trauma or conditions that occur during pregnancy or childbirth. Medical providers must immediately detect CP risk factors and take immediate and appropriate action when red flags emerge.
Some common medical failures that lead a child to develop cerebral palsy include:
- Failure to closely monitor and diagnose prenatal conditions: Some causes of cerebral palsy emerge while the child is still in the womb. Doctors must actively look for infections, umbilical cord issues, and other precursors to CP while the mother is pregnant.
- Failure to identify signs of distress during childbirth: Doctors who fail to monitor the pregnant mother, incorrectly interpret ultrasound accurately, or do not properly conduct physical exams may fail to identify problems that lead to cerebral palsy.
- Failure to respond appropriately to problems during prenatal care or childbirth: One preventative measure a doctor can take during childbirth is to order an emergency Cesarean section (C-section) delivery. If a doctor failed to order this or failed to take other measures that may have protected your child, they may have committed malpractice.
- Trauma caused by delivery methods: Forceps and vacuum devices can help deliver a child. These tools can also cause severe harm if a doctor or other medical professional uses them improperly (including with excessive force). This is a possibility your cerebral palsy negligence lawyer will consider when leading your case.
- Prescribing a dangerous treatment course during prenatal care or childbirth: If a medical provider did not warn you of the dangers of a specific action, or they took an unnecessarily risky action, they likely endangered your child and committed malpractice.
Medical issues such as these are complex. Your cerebral palsy attorney will work with qualified medical experts to determine what failures led your child to suffer from cerebral palsy.
One fact is simple: Medical providers must do everything in their power to prevent and avoid causing birth injuries. If anyone fails in this respect, the lawyers in our network will hold them accountable for the damages you and your child have suffered due to their negligence.
Lawyers Call Medical Negligence "Malpractice"-and Seek Compensation for Victims of Malpractice
In legal terminology, failures by medical providers are often called medical malpractice. Therefore, you will likely pursue a medical malpractice lawsuit, and the Cerebral Palsy Lawyer Alliance will lead all legal proceedings for you.
Your attorney's goals will be to:
- Prove beyond a doubt that one or more negligent parties contributed to or directly caused your child's CP.
- Accurately calculate the cost of current and future damages you and your child face because of the medical providers' negligence.
- Secure compensation to cover your and your child's economic and non-economic damages.
If the lawyers in our network achieve these outcomes, they will accomplish another secondary goal. Your lawyer will discourage the negligent medical provider, and possibly others, from repeating the same failures that have caused immense pain to your child and yourself.
What to Do If Your Child Develops Cerebral Palsy
We hope that your child is getting the care they need for cerebral palsy, as this is the most important prerogative in the wake of such a difficult diagnosis. We also encourage you to seek any mental health services that will help you cope with the immense challenge of an unexpected, life-changing medical diagnosis.
Once you have arranged the necessary care for your child and yourself, hire a cerebral palsy negligence lawyer from our team. Do this because:
- The cost of caring for a child (and possibly an adult) with cerebral palsy is immense, and you should not have to bear this cost yourself.
- You deserve fair compensation for the pain and suffering that inevitably comes with a CP diagnosis, as both you and your child suffer because of their medical condition.
- It is likely not feasible for you to lead a lawsuit, as you may lack legal knowledge or training, and lawsuits can be highly distressing (and you are likely already emotionally taxed).
- The lawyers in our network will work to secure the compensation you deserve while shielding you from the emotional toll of a medical malpractice lawsuit.
We want to make your life even just a little bit easier. By handling every detail of your case, the lawyers in our network can do that. If your lawyer ultimately delivers the compensation you deserve, your and your child's quality of life will improve.
The Alliance's Lawyers Charge You No Upfront or Out-of-Pocket Costs
The Cerebral Palsy Lawyer Alliance understands how financially devastating a cerebral palsy diagnosis can be. The Alliance's lawyers will not add to your financial infirmity by demanding direct compensation from you.
Instead, the Alliance's lawyers offer a contingency fee structure that means:
- The Alliance will cover the cost of completing your medical malpractice lawsuit.
- The Alliance's lawyers will invest significant resources in the case, including but not limited to testimony from medical experts.
- Your cerebral palsy negligence lawyer will have to earn their fee by securing compensation for you and your child (otherwise, they will not receive any fee for our services).
Fighting for disabled children and their loved ones is our mission. The Alliance's lawyers are more than willing to take on the financial risk of your case so you can continue to put your life back together post-diagnosis.
The Cerebral Palsy Lawyer Alliance Understands What You're Going Through
Each case of cerebral palsy presents different symptoms. Each parent and child faced with CP also responds to the news of the condition and the challenges that living with CP presents in different ways. The Alliance's lawyers have represented many parents and children struggling through life with CP, and they know that you deserve fair compensation for:
Your Child's Pain and Suffering
First and foremost, The Alliance's lawyers recognize the pain that children and adults with cerebral palsy endure. From muscle tensing to acute and chronic pain and developmental delays, every aspect of one's life is affected by CP.
Your cerebral palsy attorney will demand that the negligent medical provider or their insurer pay for your child's:
- Physical pain
- Intellectual impairments
- Lost quality of life
- Mental health deficits
The Alliance's lawyers will have a mental health professional empathetically evaluate the pain and suffering your child is enduring because of their CP.
Your Pain and Suffering
Parents of children diagnosed with cerebral palsy suffer in unique ways. In many respects, a parent's suffering can be similarly distressing as their child's, and you may face:
- Severe depression that may qualify as despair
- Post-traumatic stress disorder (PTSD)
- Anger towards those who have caused your child to suffer
- Thoughts of self-harm
- Lost quality of life
- Sleep problems
The pain of a birth injury tends to last. In the name of justice, The Alliance's lawyers will identify all forms of pain and suffering that must be included in your case.
Medical Costs and Rehabilitation-Related Expenses
Diagnosis, treatment, and rehabilitation for cerebral palsy is typically extensive and costly. Your child may need surgeries, frequent doctor visits, long-term rehabilitation, medications, and other medical services.
Your cerebral palsy negligence lawyer will include both past and future medical bills in our case for compensation.
Caregiver Costs
Whether you hire a third-party caregiver or adapt your life to care for your child, there is a cost. The Alliance's lawyers will determine the cost and demand that liable parties cover it.
The Cost of Sheltering an Adult with Cerebral Palsy
In moderate and severe cases of cerebral palsy, the person with CP never becomes fully independent. The Alliance's lawyers will determine the cost of such care if you need to house your adult child or pay for them to live in a communal setting. The lawyers in our network will also include the cost of feeding, clothing, and other basic necessities in our calculation.
Any Professional Harm You've Suffered Because You Need to Care for Your Disabled Child
Some parents of children with cerebral palsy leave their careers, reduce their hours, or change their roles to be more active in their child's care. If this describes you, your lawyer will account for lost income and other damages you face.
How Our Medical Malpractice Lawyers Will Pursue Compensation for You and Your Child
The lawyers in our network offer full-service representation. With the constant needs your child has, you deserve nothing less than a lawyer that will:
- Handle every detail of your lawsuit down to the fine print.
- Urgently secure evidence of medical providers' negligence.
- Document the harm both your child and you have suffered because of their medical condition.
- Determine exactly how much compensation your family deserves, accounting for the long-term costs that often result from cerebral palsy.
- Fight for a settlement and take your case to trial if necessary.
In our experience, medical providers rarely offer fair compensation to their victims. In most cases, negligent parties won't even admit fault. Our lawyers are experienced litigators determined to ensure the full measure of justice for you and your child. Let us lead your case from start to finish, starting today.
Call the Cerebral Palsy Lawyer Alliance Today for Your Free Consultation
The lawyers in our network are always available to parents of children diagnosed with cerebral palsy. The Cerebral Palsy Lawyer Alliance wants to secure a fair settlement or verdict, and you deserve to hear from us, too. Contact us today!
Call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 for your free, no-obligation consultation about hiring a cerebral palsy negligence lawyer.