In the United States alone, about 4 in every 1000 babies suffer from some degree of cerebral palsy (CP).
For the unaware, cerebral palsy is a condition caused due to damages in the central nervous system. People with cerebral palsy find it difficult to control their muscles and also show weakness in body movements.
In most cases, the brain damage leading to CP occurs before birth. However, the number of infants who have cerebral palsy due to medical negligence has been on the rise in the United States. In fact, over 10 percent of all babies born with cerebral palsy is a result of medical malpractice.
If you’ve been wondering what to do if your child shows symptoms of cerebral palsy, then hiring a birth injury lawyer is one of the first things you should do. In this article, we will explain to you why hiring a cerebral palsy lawyer is vital if your newborn has cerebral palsy.
How Can Cerebral Palsy Be Caused due to Medical Negligence?
Cerebral Palsy due to medical negligence mainly occurs when physicians fail to provide appropriate care to the mother during pregnancy and at the time of delivery.
If proper tests and scans aren’t conducted during pregnancy, then any issues in fetal development cannot be recognized or treated, which in turn can contribute to the child who has cerebral palsy after birth. Also, if the physician fails to handle any diseases or infections on the mother effectively, then even that can cause damage to the brain cells of the child, thus leading to cerebral palsy.
Oxygen deprivation during birth or the doctor using too much force during delivery can also be the reason for the baby suffering from CP.
Why Should You Hire a Lawyer if Your Child has Cerebral Palsy?
Even though cerebral palsy is a condition that exists for the lifetime of a patient and a lawsuit cannot reverse it, you should remember that a CP patient will require several therapies and assistive equipment to lead a pleasant life. Moreover, they may also find it difficult to pursue education and maintain a professional career.
Therefore, you must get compensated in case your child’s cerebral palsy is a result of medical negligence. By hiring an experienced lawyer, it will be easier to analyze whether a birth injury claim will hold good in the court, and you can also get the best advice for settlement talks as well.
What are the Benefits of Filing a Cerebral Palsy Lawsuit?
Filing a cerebral palsy lawsuit will ensure that the hospital/physician who handled the delivery is held responsible for the birth injury of your child.
However, most cerebral palsy lawsuits end in settlements. A settlement is considered when the defendant agrees to pay the plaintiff an amount or any other benefits in order to withdraw and settle the case.
Most parents opt to settle cerebral palsy lawsuits outside the court because lawsuits can often be quite expensive and take a lot of time. If the defending hospital finds that you have strong evidence to prove your case, then they will offer you a compensation amount that can help you manage the treatment and living expenses of the patient.
Your lawyer can also negotiate the settlement amount on your behalf and reach the best settlement for your case.
Final Words
Hiring a professional and experienced birth injury lawyer is essential in case your baby is showing symptoms of cerebral palsy. A lawyer will not only help you in confirming the possibility of medical error but can also ensure that you get compensated for the negligence as well.
