IT TOOK SO LONG TO BE DIAGNOSED WITH CEREBRAL PALSY – AM I TOO LATE?
You had a difficult labor, with some complications, but at the end of it you had a beautiful baby, and everything seemed perfect. Then at his three-month check-up you learned that he wasn’t meeting the developmental milestones, which are the average accomplishments babies typically reach at certain points. Maybe he wasn’t grabbing toys and shaking them yet. Perhaps he was not able to hold his upper body up by his arms when he was lying on his stomach. The pediatrician told you not to worry, every baby is different and grows and learns at its own pace. So, no problem, right?
Then at the six-month visit you found out he was even a little further behind in his developmental progress. He still couldn’t sit up by himself or roll over from front to back and back to front. The doctor was a little concerned but told you they would just watch it closely. Maybe the pediatrician told you to work with your baby, try to help him sit up. You tried, but your precious little one just didn’t seem to be able to hold himself up, couldn’t seem to control his muscles enough. What do you do now?
You start watching closely, looking to see what other babies are able to do, checking into the milestones to see if your little one is making progress. When you realize he is falling even farther behind, you go back to the pediatrician. By 12 months or 18 months, the doctor is taking things seriously. She begins to suspect the possibility of cerebral palsy or some other injury. You are frustrated and waiting for answers.
Eventually, the diagnosis is made: Cerebral Palsy. Words like “incurable” and “permanent” are spoken. But the doctor lets you know that there are a lot of things you can do to help you baby have a full and happy life. There are therapies, and devices, training, etc. that will help tremendously. That sounds great, but it suddenly becomes your reality that this is all expensive and is going to take a lot of time and care.
You think back to that difficult labor, and the problems you had. You can’t help but wonder, did the doctor or nurses do something that caused a brain injury to my baby? Did they misuse forceps? Did they wait too long to do a C-section? Did they miss something, like an infection or an abnormal position of the baby? Then you can’t help thinking, if they did something wrong, can I recover monetary damages to help me care for my child and all the expenses that are going to arise from this diagnosis of CP?
You always hear, “Don’t wait! Get help now! Your time to file a claim is limited and may be running out!” You might be thinking my child is almost two years old, so am I already too late to file a malpractice claim? That’s a great question. There are time limits to filing a lawsuit, called Statutes of Limitations. However, in this situation the time doesn’t start from the actual injury, but instead with the date the diagnosis is made by the doctor. In Florida, you have two years from the time of the diagnosis to file a lawsuit. In some cases, but not all, the time limit might even be extended to three years. If your child has been diagnosed with Cerebral Palsy, regardless of how long ago you received that diagnosis contact the law offices of Diez-Arguelles and Tejedor today. They have helped families receive millions to care for children just like yours.
WHAT SHOULD YOU DO NEXT?
After talking to the doctor and looking into cerebral palsy, you know you are going to be dealing with permanent issues with your child. Some things you will be facing are:
- Expensive therapy and long-term care
- The need for expensive assistive devices
- Caregivers for the child – either you or someone you hire
If you think anything the doctors, nurses or hospital staff did or didn’t do caused the brain injury that resulted in your child’s cerebral palsy, you need an experienced, caring attorney on your side.
A diagnosis of cerebral palsy puts any lawsuit you file for damages under the heading of medical malpractice and that is a difficult legal path to travel without professional help. You will need medical experts who will review your records and notes and determine if any of the doctors, nurses or other medical staff failed to meet the level of care that should have been provided. You will need skilled attorneys who know what must be filed with the Court and when it has to be filed. You will need someone on your side who truly cares about your child, you and your family. The attorneys and staff at Diez-Arguelles & Tejedor provide the expertise and support need to help you through this stressful and difficult process.
WHAT CAN I RECOVER?
Until your case is reviewed and thoroughly evaluated by our staff and experts, we can’t give you a clear answer to that question. Go to TheOrlandoLawyers.com and you will see that our attorneys have already recovered millions of dollars for clients who have been in similar situations. Call Diez-Arguelles & Tejedor today at 888-888-3773 for a free consultation. Don’t wait. There are legal time limits on filing a case. Get the help and compensation you deserve.