Why should parents of children with preventable cerebral palsy seek compensation?

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Cerebral palsy affects posture and movement. It is the physical disability that results in the lack of muscle control. There are over 17 million people worldwide, who have cerebral palsy. According to the United States Cerebral Palsy Association, over 500,000 Americans have cerebral palsy. It is the most common physical disability that affects children. It is a term experts use to refer to a group of physical disorders that include loss of movement and other nerve functions.

Currently, there is no cure for cerebral palsy. It is as frequent as 2 to 4 babies in every 1000 births in the US. Apart from the emotional distress, the parents go through and the lifelong physical disabilities the child has to brave, cerebral palsy gives rise to the need of special education, medical procedures, specialized care, orthopedic braces, and advanced assistive appliances. These can significantly increase the expenses of the family in the future.

What causes preventable cerebral palsy?

There are situations when cerebral palsy is a result of developmental challenges. Improper fetal development can result in permanent damage to nerve functions and limb movements. However, around 20% of the cases in the US exist due to incompetence or negligence of the medical staff responsible for the delivery or C-section. Specific actions on the part of the medical care provider could have led to cerebral palsy, including –

  1. The improper use of Pitocin or labor-inducing drugs.
  2. The failure to perform a C-section on time upon fetal distress
  3. The use of excessive force or suction during vacuum extraction
  4. The inability to act on the status of the mother or fetus during labor
  5. Inadequate oxygen to the brain of the child or trauma to the head during delivery
  6. The failure to act on the changes in the condition of the mother or the fetus during pregnancy

It is evident from medical history and several medical malpractice cases that vaginal birth, as well as C-section births, can lead to cerebral palsy due to negligence or the absence of medical professionals.

What signs point towards cerebral palsy in a newborn?

Detecting any physical deformity or injury in infants is not as easy as most parents like to believe. Newborns are fragile and broken bones, or brain traumas take some time to become visible. Without expert intervention, it is almost impossible for the parents of a newborn to detect any form of abnormality in their movements and behavior. Even with the lack of training and expertise, it might be possible for parents to recognize the signs of cerebral palsy. Some of the early symptoms include –

  1. The newborn’s skin looks blue or bluish after birth.
  2. The infant is unable to breathe and requires resuscitation.
  3. The presence of poor sucking on the mother’s breasts after birth.
  4. The infant exhibits seizures within 24 to 48 hours after birth.
  5. The pregnancy was free from complications, trauma, and infections.
  6. There is no history of impaired brain function in the family.

These might not be telltale signs of cerebral palsy only, but these are a few that point towards the possibility of lifelong physical disabilities of a child. Any parent, who has seen similar signs in their newborn, should consult expert cerebral palsy lawyers with a dedicated medical team for thorough investigation. To learn more about the compensations and medical negligence lawsuits that can follow preventable cerebral palsy, check out the cerebral palsy lawyers BIML.

Why do parents of a child with cerebral palsy require medical malpractice compensation?

An infant can show the signs and symptoms of cerebral palsy by the time he or she is a couple of weeks old. If your family has no history of brain disorders, you might want to consider medical malpractice as a reason for the development of cerebral palsy in your child. Medical malpractice becomes likely especially if the pregnancy was free from complications. Sadly, most families do not have the resources necessary to take care of a child with cerebral palsy. The therapy appointments, specialist consultations, medications, and additional tests keep adding to the pile of bills that most medical or health insurances may not cover. In addition to the financial expenses, parents of a child with cerebral palsy might consider working from home or cutting down work-hours to pay more attention to their child. These are tough situations that call for all the help you can get.

How to choose the right legal representation?

All parents of children with cerebral palsy have the right to understand their legal rights. They might be entitled to receive compensations from the healthcare provider or medical team responsible for the development of these symptoms. It is imperative for them to find out about all the financial support they can get for supporting a child’s lifelong treatments. While any attorney might advise you to file a lawsuit, only a medical malpractice lawyer, who specializes in cerebral palsy can guide you adequately. The trial involving an infant with cerebral palsy is usually extremely intricate. Choosing an attorney who does not have the training and experience might be easier on your pocket, but it will cost you in the long run. Always find legal representation that will provide you with the best chances to win the case.

If possible, interact with parents of children with cerebral palsy to find out about the challenges they have faced during the lawsuit. Ask for recommendations. In the world of medicine and law, references and recommendations can go a long way. Make a shortlist of lawyers in your area who specialize in cerebral palsy medical malpractice lawsuits. Finding someone within your state is essential. The medical malpractice laws can vary slightly depending on the state of your residence. Apart from taking a look at their website, which should mention cerebral palsy as one of their expert fields, you should check their past cases. Find out how many similar cases they have won in the recent past. Not finding the right legal representation can lead to disappointment, confusion, frustration, and harassment. New parents definitely do not need the added headache. You can switch attorneys during any part of the process, but always do a little homework to make an informed decision.

February 18, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized