Cerebral palsy (CP) significantly impairs a person’s ability to talk, walk, focus their eyes, swallow, or engage in other activities that require fluid muscle and motor movements. Some people’s CP is caused by a careless or reckless healthcare provider’s mistakes, such as failing to properly or timely address when the umbilical cord is wrapped around an infant’s neck during delivery. When your child has cerebral palsy and you think a negligent medical professional is at fault, filing a lawsuit may be an appropriate next step.
A Philadelphia cerebral palsy lawyer could support and fight for your family if your child has developed CP because of preventable errors in medical care. Our dedicated birth injury attorneys understand the unique challenges families and individuals face in these circumstances and have the extensive knowledge and resources to take decisive action on your behalf.
What Causes Cerebral Palsy?
Cerebral palsy is a group of neurological disorders that arise during childhood and affects someone’s motor and muscle movements. For example, a person may have exaggerated reflexes, rigid muscles or limbs, eye problems, or difficulty coordinating their movements. While CP tends to remain stable throughout a person’s life—it typically does not get worse over time—there is no cure.
The cause of CP varies from person to person but may be due to issues that arise before, during, or in some cases shortly after birth. Many times, a lack of sufficient oxygen before or during birth can also damage an infant’s fragile brain and cause a child to develop the disability.
When preventable medical mistakes that occur before or during birth are the cause of a child’s disability, parents can seek damages in court. Parents of children with cerebral palsy may choose to work with Philadelphia attorneys who could counsel them on their legal rights and how to assert them effectively.
How a Family Can Receive Compensation
When a negligent medical professional—such as a nurse, midwife, or doctor—is responsible for a child developing CP, their parents may be able to take legal action. Making a valid claim requires the child’s family to show:
- The provider was responsible for following generally accepted standards of care in the appropriate field, such as obstetrics or gynecology
- The provider failed to meet this standard of care
- The child experiences an injury because of the provider’s mistake
- The provider’s conduct led to the harm experienced by the child
With the help of their lawyers, parents can gather vital evidence, such as expert testimony, medical records, and witness accounts, to support their claims against medical providers or facilities. They must also take any legal action before the applicable statute of limitations expires.
For a person who is under 18 when the malpractice occurs, the clock may begin to tick once they become an adult. Because the deadlines are complex, many families choose to work with an attorney to help them navigate Pennsylvania’s rules about bringing a malpractice claim after a child develops cerebral palsy. The lawyer could also investigate their situation and help discover ways to prove the provider’s mistake led to the diagnosis.
Call a Cerebral Palsy Attorney in Philadelphia for Help in Cases of Medical Malpractice
CP is a lifelong condition and your child may need extra help to move or otherwise interact with the world. They may also need extensive physical, occupational, or speech therapy to help them perform tasks as simple as walking, talking, or swallowing. If your child’s cerebral palsy was caused by a preventable mistake made by a doctor, hospital, or other healthcare provider, you may be able to pursue compensation.
While financial compensation cannot cure your child’s cerebral palsy, it can help defray some of the costs associated with the disability, make your child’s life a little easier, and provide you with a small degree of satisfaction at holding the negligent party responsible. At The Weitz Firm, we advocate for infants, children, and families who are harmed by the careless actions of those in the medical field. We make it our priority to learn about your situation and what success looks like to you. Contact a Philadelphia cerebral palsy lawyer on our team to schedule a no-obligation consultation.
