Can I Sue if My Child is Diagnosed with Cerebral Palsy?

Can I Sue if My Child is Diagnosed with Cerebral Palsy?

Posted By Maher Law Firm || 1-Feb-2018

Cerebral palsy is one of the most common motor disorders diagnosed in babies and children and, in many cases, the cause of it is directly related to careless medical negligence and egregious errors. According to the United Cerebral Palsy Foundation, about 764,000 children and adults in the United States are living with this condition. Every year, between 8,000 and 10,000 new cases are diagnosed. If your child developed cerebral palsy as a result of medical negligence, you might be able to sue the responsible party or parties for damages.

The Causes of Cerebral Palsy

Not all cases of cerebral palsy are caused by medical negligence. Its causes can also be congenital, developing due to disease, injury, or poisoning while the baby is still in the womb. Cerebral palsy can also occur after the child is born if he or she is injured while the brain is still forming. For example, shaken baby syndrome can result in the development of this condition.

In cases where cerebral palsy is caused by a birth injury due to medical negligence, the following are some of the most common errors that lead to this condition:

  • Oxygen deprivation due to a delay in delivering the baby
  • Failure to diagnose or a misdiagnosis of infections or other medical issues
  • Improper use of forceps or vacuum extraction during delivery
  • Failure to identify umbilical cord problems
  • Failure to monitor fetal distress or maternal distress

These are some of the causes for which you can file a medical malpractice claim. Ultimately, your doctor must have clearly acted negligently for you to have a viable case. Consult with a medical malpractice attorney as soon as possible to discuss your case and find out if medical negligence was involved.

Cerebral Palsy Symptoms

Cerebral palsy is a broad medical term that covers a number of neurological disorders that hinder the body’s movement and muscle coordination. Of course, babies since babies are not born with advanced motor functions, this condition is not diagnosed at birth, but rather when the baby fails to meet expected milestone developments.

Some of these milestones include a baby’s ability to suck properly, support its head, roll over, or sit up. It is common for children to not receive a diagnosis of cerebral palsy until the age of two or even three, depending on how severe the symptoms are. Cerebral palsy symptoms include:

  • Lack of movement control
  • Spastic, rigid, slow, or shaky arms and legs
  • Impaired brain function
  • Impaired hearing or vision
  • Difficulty eating, speaking, or swallowing
  • Excessive drooling

What Would Compensation for Cerebral Palsy Cover?

If you and your attorney are successful in your medical malpractice lawsuit against the liable medical professional, the compensation you receive is designed to cover a wide range of expenses. Since there is no cure for cerebral palsy, this fact is taken into account when compensation is awarded. Your compensation will likely cover the following:

  • Medical care, such as doctor visits and medication
  • Lost wages in cases where a parent must leave work to provide full-time care for the child
  • Occupational therapy
  • Physical therapy
  • Physiotherapy
  • Assistive equipment, including wheelchairs and soundboards
  • Home accommodations
  • Costs related to special educational needs
  • Emotional pain and suffering

Medical Malpractice Attorney in Orlando

If your child developed cerebral palsy as a result of negligent medical care, you have a right to pursue compensation. At The Maher Law Firm, our team of Orlando medical malpractice attorneys has been representing individuals injured by the oversight or negligence of medical professionals for over 40 years. Let us provide compassionate legal advocacy you need. We will do everything possible, including taking your case to trial, to obtain maximum compensation on your behalf.

Contact our office today at (855) 338-0720 to schedule a free consultation with a knowledgeable member of our legal team.

Categories: Medical Malpractice
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