Thousands of newborns suffer from cerebral palsy (CP) every year in the United States. Many of these children are born during difficult pregnancies and receive injuries that cause cerebral palsy. Others suffer injuries or developmental disorders that become CP as they continue to grow and develop. In many cases, the specific cause of cerebral palsy is not clear, but in other cases, it is clear that a doctor’s negligent care during childbirth or soon after birth contributes to the child’s CP.
If your child suffers from cerebral palsy, talk to an attorney about your case. Miami cerebral palsy birth injury lawyer Prosper Shaked represents parents in medical negligence lawsuits against doctors and other healthcare providers who cause injuries leading to cerebral palsy. For a free consultation and to learn more about suing for cerebral palsy, contact our law offices today at (305) 694-2676.
Causes of Cerebral Palsy
Cerebral palsy covers a range of injuries and often comes with varying symptoms. Though children might suffer from different types of cerebral palsy, the cause often comes down to one of two issues or a combination of these issues:
Developmental Issues
Some children develop CP over time as their brain develops. In some cases, genetic issues or unpredictable variations in your child’s development might cause the brain to develop a weak connection to the muscles. This can cause many of the various effects of cerebral palsy.
Brain Damage
Other instances of CP are caused by brain damage. This damage can occur while the child is still in the womb, during birth, or after the baby is born. In many cases, the injuries come from accidents or avoidable errors, but other issues are pure accidents that could not have been avoided. Typically, these injuries are broken down into two classes of CP: congenital CP, which occurs before or during childbirth, or acquired CP, which occurs after birth. Typically, these injuries will not cause cerebral palsy after 28 days.
Medical Malpractice Causing Cerebral Palsy
Many instances of cerebral palsy are caused by avoidable injuries. Doctors and other medical professionals are expected to use their expertise and experience to provide adequate healthcare that meets certain standards of care that other doctors in their situation would be expected to follow. If your doctor commits errors or handles complications the wrong way, you and your child’s health could be affected. In these cases, you may be entitled to sue the physician and the hospital to seek damages for the injuries.
One of the most well-known medical negligence issues that causes cerebral palsy is the misuse of forceps. Forceps are large tongs used to help deliver a baby. These tongs are curved and used to gently help pull them from the birth canal. Use of forceps is important in some deliveries and may be necessary to save the baby’s life. However, unnecessary use of forceps or improper use of forceps can cause injuries that lead to cerebral palsy and other problems.
Other injuries and trauma can occur during childbirth as well. This is more common in cases with a larger baby, smaller birth canal, or very long labor. Your doctor should monitor you and recommend a caesarian section if the birth process will be too dangerous for the baby. Other techniques and practices are also important for ensuring a safe delivery, and failing to use the proper techniques can result in harm.
Suing for Cerebral Palsy in an Infant
If your child does suffer from cerebral palsy after they are born, you may be entitled to file a lawsuit against the negligent healthcare providers and the hospital that allowed the injuries to occur. The process of filing a lawsuit for medical injuries is complex and requires notifying the healthcare provider of your intent to sue and following filing procedures with the court. Your attorney can help you with this process.
As part of your case, you will typically need to hire an expert witness who can testify to whether the care you experienced was up to the expected standards. Medical malpractice cases often hinge on this “standard of care” and whether the doctor violated the duty of care they owed you. If they did, your case should succeed and the jury should rule in your favor.
If the jury rules in your favor, they can award you damages for any harms you faced stemming from the negligence. Cerebral palsy causes the patient to suffer effects for the rest of their lives, which often entitles them to substantial damages. These damages may cover the physical pain and discomfort of some of the symptoms of CP as well as the suffering of living with cerebral palsy and the effects it produces. The projected healthcare cost for someone with cerebral palsy may also be higher throughout their life, and their average earning capacity may be affected as well. Your attorney can hire financial experts to project future damages and seek compensation for these harms as well.
The physician is often represented by their own attorney who may work to shut down your case and fight the claims against their clients. These lawyers may also offer settlements to try to shut down cases early and at a lower cost. It is vital to talk to an attorney about your case to understand what your case is worth and to seek representation to protect your claim and advocate for your child’s best interests in the case.
Call Our Miami Cerebral Palsy Birth Defect Lawyer
Cerebral palsy is often a very difficult and debilitating physical ailment that can cause suffering and discomfort for the rest of your child’s life. If your child was born with CP or other birth defects caused by injury and medical negligence, call Miami cerebral palsy birth injury attorney Prosper Shaked today to schedule a free legal consultation on your potential claim. You can reach Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676.