Guide to Cerebral Palsy Law Firms
Cerebral Palsy in the United States
Cerebral Palsy, a brain injury that affects the communication between the brain and muscles, is a growing concern within the United States. Cerebral palsy occurs in about 2 out of every 1000 births within the United States, and the brain injury is much more common in males. The ratio accounts for about 10,000 newborns and infants being diagnosed within the United States every single year.
If you want to contact a cerebral palsy law firm, it’s important you contact the firm as soon as you find out your child has been diagnosed. The majority of cerebral palsy law firms win compensation for the child and the parents if the brain injury is diagnosed early in age. An earlier diagnosis can provide more evidence that the condition was caused by medical malpractice at the time of birth.
Apart from the 10,000 infants diagnosed with the condition every year in the United States, between 1200 and 1500 children around the age of four and five are diagnosed every year as well. These older children diagnosed with the brain injury have a chance of facing the following disabilities as well:
• 31 percent will have an IQ under 50
• 21 percent will have active seizures
• 20 percent will have an IQ under 50 and not be able to walk
• 11 percent will be or become blind
The percentages are for children around the preschool age, and there is a chance a person with cerebral palsy can suffer any of the disabilities at any time in their life.
Cerebral Palsy Lawsuits
If you contact a cerebral palsy law firm, know that these lawsuits are some of the hardest to within birth injury and medical malpractice law. As mentioned above, cerebral palsy law firms have a better chance of winning the case if they are notified of the condition when the child is still an infant.
If your child had a low birth weight or suffered a genetic abnormality, your cerebral palsy law firm won’t be able to prove the condition was caused by negligence of the medical staff or hospital. If a child did not have a low birth weight or suffer genetic abnormality, a cerebral palsy law firm will have to prove:
• The doctor or hospital staff failed to provide proper medical care
• The doctor’s lack of care resulted in the child’s permanent injuries during the time of the birth
• The injuries sustained by the child are severe enough for both medical compensation and pain and suffering payments
There are common types of scenarios that usually lead to children with cerebral palsy receiving compensation. If cerebral palsy law firm will look toward the following situations as proof of medical malpractice:
1) The mother was given an emergency cesarean after hours of labor which resulted in the baby’s distress
2) The mother was allowed to remain in labor too long with the baby in the birth canal, resulting in low amniotic fluids and a lack of oxygen to the baby’s brain
3) The hospital sent the mother home after she came to the hospital with abnormal bleeding or spotting
4) The doctor failed to detect the umbilical cord was around the baby’s neck which resulted in a lack of oxygen to the brain
5) The hospital or medical staff failed to notice that the mother’s water had broken
6) The doctors or medical staff used vacuum suction or forceps improperly or when not necessary, resulting in head trauma to the child
7) The doctor didn’t come to the delivery room in time, and the nurses failed to find another doctor to deliver the baby
8) The doctor failed to give the mother proper warning about prenatal care in a high risk pregnancy during the initial consultation or any consultation afterwards
9) The doctor or nursing staff failed to monitor the baby’s heartbeat before birth while the baby was obviously in a state of distress
10) Shoulder Dystocia occurred and the doctor failed to take proper procedures to deliver the baby in time to receive proper levels of oxygen
11) The doctor failed to recognize signs that the baby would become stuck during the deliver, such as a breach or similar incident
How can I find Cerebral Palsy Law Firms?
There are several methods you should consider if you need to find a cerebral palsy law firm.
The first option you have is going through a state association that deals specifically with cerebral palsy. For example, there is a Cerebral Palsy Association of New York State that employs over 18,000 people and provides annual service to over 100,000 people. You may be able to learn some more about cerebral palsy through similar associations, and these employees may be able to point you in the direction of a cerebral palsy law firm.
The second option you have is going through this website, laws.com. You’ll notice that there are advertisements for cerebral palsy lawyers within this article and similar articles you have read. These advertisements are adjusted to your specific needs by analyzing your searches and the unique services provided by specific lawyers advertising on laws.com.
Are there any recent Cerebral Palsy cases I should look into?
A family was recently awarded the biggest compensation for cerebral palsy medical malpractice in history in the state of Connecticut. The family was awarded $58 million as a direct result of the doctor’s negligence during the birthing procedure.
The plaintiff’s cerebral palsy law firm, along with the help of expert witnesses, determined that the doctor realized the amniotic fluid had dropped by more than 50% but still waited to perform an emergency cesarean. When the emergency cesarean was finally performed, there was also evidence that the procedure was done poorly.
The child with cerebral palsy in this case suffers from brain damage, seizures, and the inability to talk, walk, and eat normally. The child will need full-time care for the rest of his life, and the parents were awarded $8 million for medical costs, and $50 million for pain and suffering.
