Cerebral palsy is a lifelong condition that affects muscle control, movement, and posture. It can be caused by preventable mistakes healthcare providers make during pregnancy, labor, or delivery. If your child has been diagnosed with cerebral palsy due to medical negligence during childbirth, a West Palm Beach cerebral palsy lawyer from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can help you seek justice.
Understanding Cerebral Palsy
Cerebral palsy is a group of disorders that impact a person’s ability to move and maintain balance. There are three main types of cerebral palsy:
- Spasticcerebral palsy: Characterized by muscle stiffness and difficulty with movement
- Dyskinetic cerebral palsy: Involves uncontrolled, involuntary movements
- Ataxic cerebral palsy: Affects balance, coordination, and depth perception
As children with cerebral palsy grow, they may experience additional challenges, such as impaired vision, hearing, or speech, as well as seizures.
Common Causes of Cerebral Palsy
Most cases of cerebral palsy occur due to brain damage before birth. Some common causes include:
Prenatal Factors
- Genetic abnormalities
- Maternal infections (e.g., rubella, cytomegalovirus)
- Maternal health issues (e.g., diabetes, high blood pressure)
- Exposure to toxins or chemicals
Perinatal Factors
- Premature birth
- Low birth weight
- Complications during labor and delivery
- Negligence by a medical professional during labor and delivery can lead to cerebral palsy
Postnatal Factors
- Brain infections (e.g., meningitis, encephalitis)
- Head injuries
- Lack of oxygen to the brain
- Untreated jaundice
Cerebral palsy’s severity and specific symptoms can vary widely from one child to another. Some children may experience mild impairments, while others require lifelong care and assistance.
Medical Malpractice and Cerebral Palsy
Some birth injuries that result in cerebral palsy are preventable with proper medical care. Medical malpractice, or medical negligence, occurs when a healthcare professional fails to provide care that a similarly trained healthcare provider would provide under similar circumstances. Examples of medical negligence that may cause cerebral palsy include:
- Failing to detect and treat maternal infections
- Improperly monitoring fetal heart rate during labor
- Delaying a necessary cesarean section
- Using delivery tools (e.g., forceps, vacuum extractors) incorrectly
- Mismanaging complications during delivery
- Failing to treat newborn jaundice or address umbilical cord issues
If a medical professional’s negligence in these critical areas leads to a child developing cerebral palsy, it may be grounds for a medical malpractice lawsuit. Experienced West Palm Beach medical malpractice attorneys can review your medical records, consult with experts, and determine if you have a viable case.
Having extensive medical knowledge is crucial in handling medical malpractice cases involving cerebral palsy. This expertise allows personal injury lawyers to navigate the complexities of medical procedures and injuries effectively.
Determining Liability in Cerebral Palsy Cases
Liability in cerebral palsy cases depends on the specific circumstances surrounding your child’s birth injury. Potentially liable parties may include:
- Medical professionals (e.g., obstetricians, nurses) who failed to meet the standard of care
- Hospitals with inadequate policies or negligent employees
- Pharmaceutical companies that failed to warn of medication risks
- Manufacturers of defective medical devices that malfunctioned when used during labor and delivery
A legal team plays a crucial role in investigating and determining liability in cerebral palsy cases. They assist in collecting evidence, securing expert witnesses, and offering compassionate legal guidance tailored to the needs of families with newborns affected by birth injuries.
Determining which parties are legally responsible requires a thorough investigation into the medical records and the standards of care applied at your child’s birth.
Seeking Compensation in a Cerebral Palsy Lawsuit
If your child’s cerebral palsy was caused by medical malpractice, you might be entitled to compensation for:
- Medical expenses (e.g., therapy, surgery, assistive devices)
- Ongoing care costs
- Home modifications to accommodate your child’s needs
- Special education expenses
- Lost wages (if a parent must leave work to care for the child)
- Pain and suffering
- Reduced quality of life
This compensation can ensure your child has the resources necessary to live a more comfortable and supported life despite their challenges. A law firm specializing in cerebral palsy cases can provide the expertise and compassionate support needed to secure the financial resources your family needs. A cerebral palsy lawyer in West Palm Beach can fight for your rights and help secure the financial resources your family needs.
The Importance of Support
Caring for a child with cerebral palsy can be challenging but you don’t have to handle these challenges alone. In addition to seeking legal support, many organizations and resources are available to help families affected by cerebral palsy.
These may include:
- Support groups for parents and caregivers
- Early intervention and therapy programs
- Assistive technology and adaptive equipment resources
- Educational and vocational support services
- Respite care and counseling services
These resources can provide valuable encouragement and guidance, helping you handle caregiving and enhance your child’s quality of life.
How Much Does A Lawyer Cost
When you’re already worried about mounting medical expenses and the health of your baby, the last thing you need is to worry about money. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we believe that everyone is entitled to high-quality legal representation, regardless of the current state of their bank accounts. Our firm works on a contingency basis. That means you pay nothing upfront, and if we don’t get compensation for you, you won’t owe us any attorneys’ fees. Our initial consultation with a birth injury lawyer is free. Working with a cerebral palsy attorney in West Palm Beach is a no-risk proposition for you.
Acting Quickly
It’s crucial to consult with a West Palm Beach cerebral palsy attorney as soon as possible if you suspect medical negligence caused your child’s condition. In Florida, the statute of limitations for medical malpractice cases involving birth injuries allows two years to file a lawsuit against the at-fault party. The deadline is typically two years from the date of the injury or the date when the injury should have been discovered.
There are some exceptions to this rule in cases involving minors. A cerebral palsy attorney in West Palm Beach can advise you about the deadlines that apply to your case and help file your brain injury lawsuit on time.
Contact a West Palm Beach Cerebral Palsy Attorney
If you think that medical negligence played a role in your child’s cerebral palsy diagnosis, don’t wait to take action. Contact the experienced West Palm Beach cerebral palsy lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. today to schedule a free consultation and learn more about your legal rights.
Our knowledgeable West Palm Beach attorneys understand the challenges you and your family face and are committed to fighting for the justice and compensation your child deserves. We also specialize in handling birth injury cases, providing compassionate legal assistance for families whose newborns have suffered injuries during birth.
During your free legal consultation, our team will listen to your story, review your child’s medical records, and discuss the potential merits of your case. We will also answer any questions about the legal process and what to expect.
Don’t let the challenges of caring for a child with cerebral palsy overwhelm you. With the proper legal support and advocacy, you can help your child receive the care, support, and compensation they deserve. Call us at (561) 689-8180 or contact us online today.
