Cerebral palsy is caused by genetic mutations and sometimes by preventable delivery complications. It is possible for medical negligence to cause this type of injury. Cerebral palsy can be caused by difficult labor that decreases the flow of oxygen to the brain, head trauma, meningitis and infection. The brain injury or damage can affect a child’s muscle control, muscle coordination, muscle tone, reflex, posture and balance.
When Does Medical Malpractice Come into Play?
Medical malpractice occurs when a hospital, doctor or other health care professional causes an injury to a patient through a negligent act or omission. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Some circumstances can be potential grounds for cerebral palsy lawsuits. These include:
- Failure to Perform a C-Section
- Improper Monitoring of the Infant’s Condition
- Improper Medical Response to Fetal Distress
- Improper Use of Forceps or Vacuum Extractor at Birth
- Failure to Treat Infection, Meningitis, or Jaundice
Diez-Arguelles & Tejedor: Committed to Helping Families Affected by Cerebral Palsy
When a health professional’s negligence causes a birth injury like cerebral palsy, a family has the right to file a lawsuit so that they can be compensated for medical bills and other damages. However, it might be hard to relate the performance of a health professional to an injury.
Even though it is widely recognized that cerebral palsy is caused by an abnormality or disruption in brain development, in many cases, the exact trigger isn’t known. For this reason, even if a health professional has been negligent, it might be hard to prove that he or she is responsible for the condition.
This is why families of children who need permanent care because of a health professional’s negligence need the advice of an experienced birth injury attorney. For over a decade, the law firm of Diez-Arguelles and Tejedor has been committed to assisting cerebral palsy patients receive compensation for their losses by establishing the cause of cerebral palsy cases. They work hand-in-hand with medical experts who can help pinpoint the connection between the health professional’s negligence and cerebral palsy. With the help of Diez-Arguelles and Tejedor, dozens of families have recovered millions, including a $10 million birth injury settlement.
What Types of Expenses Can Families Recover in a Cerebral Palsy Lawsuit?
Families who work with experienced attorneys can seek compensation for several damages, including existing and future medical expenses. They can receive compensation for medical bills, such as doctors’ visits, surgeries, and other types of care:
- Physical therapy
- Occupational therapy
- Recreational therapy
- Speech coaching
- Medication to manage seizures, alleviate muscle contractions, and ease pain
- Corrective surgery to address anatomical defects or relax cramped muscles
- Braces or orthotics for stability and balance
- Wheelchairs and rolling walkers
- Verbal aids (e.g., computers with voice synthesizers)
Families in Florida can be compensated for other expenses, such as:
- Future living expenses;
- Projected future lost wages
- Pain and suffering
- Loss of life’s enjoyment
- Loss of companionship and society.
However, families should reach out to an attorney as quickly as they can, because every state in the U.S. has a statute of limitations, which is a limited time period in which you can file a birth injury claim. The statute of limitations can be as short as two years, or as long as ten years or more, depending on the type of case. If you don’t file your claim by your state’s deadline, your case will not be allowed.
Diez-Arguelles and Tejedor recommends that parents call their office and start the legal process as soon as possible. If you wait too long, you could lose or obscure the evidence.
Help May Be a Phone Call Away
While health professionals work hard to assist patients with cerebral palsy, those patients and their families still endure much pain and suffering. After having experienced the negligence of a health professional, your family deserves an opportunity to be compensated. Diez-Arguelles and Tejedor is here to help.
If your child has been diagnosed with cerebral palsy, you should find out if you can file a lawsuit against the doctor or hospital and receive compensation to help your child and family. To request a free consultation and learn more about the specific statute of limitations for your child’s Cerebral Palsy birth injury case, complete our free consultation review form or call Melanie at 1-888-888-3773 and you may just find the support your child needs.