Cerebral palsy malpractice happens when medical negligence occurs during pregnancy or delivery. If you’re worried that medical errors led to your child’s condition, you need to know your legal rights.
Understanding Cerebral Palsy and Its Causes
Cerebral palsy affects brain development due to pregnancy complications and during, or shortly after, birth. It significantly impacts muscle control and coordination.
Difficult births that result in temporary oxygen deprivation may cause brain damage, leading to cerebral palsy. Premature birth also significantly raises the likelihood of a child developing cerebral palsy, as does low birth weight. Multiple births, such as twins or triplets, can also increase the risk.
Infections like cytomegalovirus or rubella during pregnancy can lead to cerebral palsy in a child. An injury to the unborn baby’s head can contribute to the development of cerebral palsy, emphasizing the importance of proper prenatal care and safe delivery practices. Understanding these risk factors is vital for expecting parents and healthcare providers to minimize the chances of a child developing cerebral palsy.
Common signs of a child’s cerebral palsy include: difficulty swallowing or chewing, abnormal reflexes, rigidity or floppiness of muscles, particularly in the limbs and trunk, involuntary muscle movements/spasms, difficulty with mobility, such as unsteady walking or balance issues, delays in reaching developmental milestones, and intellectual disabilities.
How Medical Malpractice Can Cause Cerebral Palsy
Medical malpractice can lead to severe outcomes like cerebral palsy. Oxygen deprivation during birth, often linked to severe fetal distress, improper electronic fetal monitoring, or delayed C-sections, can result in significant brain damage.
Healthcare providers must adhere to high standards of care, and deviations from these standards can justify a medical malpractice lawsuit. A child’s birth injury can lead to negligent health care providers being held liable for damages.
Medical malpractice lawsuits serve to hold negligent medical professionals accountable and provide financial compensation to affected families. These lawsuits seek justice and aim to ensure that similar mistakes are avoided, safeguarding other families from enduring similar hardships.
Legal Steps for Filing a Cerebral Palsy Malpractice Claim
Filing a cerebral palsy malpractice claim involves several legal steps, starting with a free consultation to assess the case’s validity. A medical malpractice expert can determine if you have grounds to file a cerebral palsy lawsuit. If a case is deemed valid, the process moves forward with the help of an experienced cerebral palsy lawyer who can guide you through gathering evidence, securing expert testimonies, and navigating legal proceedings.
Importance of Medical Records
Medical records from prenatal care and childbirth are vital for substantiating claims in cerebral palsy lawsuits. Gathering evidence involves birth records, medical expert reports, and witness statements relevant to the delivery. These records help establish the connection between medical care and the child’s cerebral palsy, proving negligence.
The evidence’s strength is crucial in determining compensation, as it must prove that malpractice contributed to the child’s injury.
Expert Testimony
Expert testimony is essential in cerebral palsy malpractice cases, providing necessary validation of medical claims. Expert witnesses, typically medical professionals such as obstetricians or pediatric neurologists, clarify complicated medical issues, helping to connect medical negligence with the development of cerebral palsy. A medical professional can provide essential insights in these cases.
These expert testimonies explain how deviations from standard care led to the child’s condition, making them vital for successful malpractice claims.
Calculating Compensation in Cerebral Palsy Lawsuits
Calculating compensation in cerebral palsy lawsuits considers current and future medical expenses and costs for assistive devices and specialized therapies. Families can claim cerebral palsy compensation for medical bills, medications, therapy, travel costs, and pain and suffering.
Factors impacting the amount of compensation include the severity of the child’s condition, financial impact on the family, and the responsibility of health care providers. Additionally, lost wages from parents needing to leave work for caregiving can be included in the compensation calculations, as well as the child’s medical expenses.
Financial support from a cerebral palsy lawsuit can cover lifelong care costs associated with the child’s condition.
Notable Cerebral Palsy Malpractice Settlements
Notable cerebral palsy malpractice settlements highlight the substantial compensation that can be achieved. The average medical malpractice payout for preventable cerebral palsy cases is over $1 million, highlighting the potential for significant financial relief in cerebral palsy lawsuit settlements.
For example, at Ronemus & Vilensky, we have secured significant financial settlements for clients, including a $4.75 million settlement for cerebral palsy. We have also secured millions in Erb’s Palsy medical malpractice cases. Erb’s palsy is a form of brachial plexus injury, typically affecting the shoulder and arm muscles. It’s most commonly caused by nerve damage during childbirth.
Statute of Limitations for Cerebral Palsy Lawsuits
The statute of limitations for cerebral palsy lawsuits establishes specific time frames within which lawsuits must be filed. The time frame varies by state, with cerebral palsy statute of limitations generally beginning on the date of diagnosis.
In New York, cerebral palsy lawsuits related to medical malpractice have a statute of limitations of two and a half years from the date of the injury or from the date of continuous treatment if applicable. However, there’s an exception for minors: they have ten years from the date of the injury to file a lawsuit.
Knowing these legal time frames is crucial for timely legal claim action.
Choosing the Right Cerebral Palsy Lawyer
Selecting a lawyer experienced in cerebral palsy cases is crucial for achieving the best possible outcome. Seek out cerebral palsy lawyers who understand the intricacies of medical malpractice cases.
A reputable lawyer typically works on a contingency fee basis, meaning clients only pay if they win or settle the birth injury claim. A dedicated attorney will prioritize their clients’ children’s well-being while handling the case’s legal aspects.
Contact Attorneys Ronemus & Vilensky
Ronemus & Vilensky have secured millions of dollars in compensation for children with Cerebral Palsy and Erb’s Palsy, helping cover the costs of lifelong medical care and pain and suffering. Our firm collaborates with a select group of leading physicians nationwide who specialize in treating children with birth-related injuries caused by medical malpractice. Given the limited number of experts in this field, our close working relationships with these specialists have been instrumental in achieving the highest possible recoveries for our clients.
If your child has cerebral palsy, you have the right to work with NYC cerebral palsy attorneys to receive proper compensation. Call us at (212) 779-7070 to speak with one of our representatives.
Frequently Asked Questions
What causes cerebral palsy?
Cerebral palsy is primarily caused by complications related to brain development, including oxygen deprivation, prenatal infections, or head injuries occurring before, during, or shortly after birth. Understanding these risks is crucial for prevention and early intervention.
How can medical malpractice lead to cerebral palsy?
Medical malpractice can result in cerebral palsy due to negligent actions, such as inadequate fetal monitoring or delays in performing necessary cesarean sections, leading to oxygen deprivation and subsequent brain injury. It is crucial for medical professionals to adhere to proper protocols to prevent such tragic outcomes.
What is the statute of limitations for filing a cerebral palsy lawsuit in New York?
The statute of limitations for filing a cerebral palsy lawsuit in New York is two and a half years for adults, while minors have up to ten years from the date of the injury. It is essential to act within these time frames to preserve your legal rights.
How is compensation calculated in cerebral palsy lawsuits?
Compensation in cerebral palsy lawsuits is determined by assessing current and future medical expenses, costs for assistive devices and therapies, lost wages, and pain and suffering, alongside considerations of the child’s condition severity and financial impact on the family. These factors collectively influence the total compensation awarded.
Why is it important to choose an experienced cerebral palsy lawyer?
Choosing an experienced cerebral palsy lawyer is crucial as they possess a deep understanding of medical malpractice intricacies, which can significantly impact the case’s outcome. Their expertise ensures that your child’s best interests are prioritized throughout the legal process.
