Cerebral Palsy Birth Injury Cases

Recover compensation for your child’s cerebral palsy birth injury with Dressie Law Firm

Explore our in-depth guide on cerebral palsy birth injury cases, offering legal insights and support to affected families. Call The Dressie Law Firm for more information.

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Understanding Your Child’s Rights in Cerebral Palsy Birth Injury Cases

Cerebral palsy can stem from many causes, including birth injuries. If your child’s cerebral palsy is caused by medical malpractice, you can take legal action against the doctor who performed the delivery.

Filling a cerebral palsy lawsuit can help you claim the cost of care needed for your child. However, such cases involve complex laws and require irrefutable proof tying medical malpractice with the condition. That’s where we come in.

The Dressie Law Firm attorneys are dedicated to helping victims of birth injuries recover fair compensation. We provide legal counsel and representation to protect your rights and interests. Let our Atlanta birth injury attorney help you seek compensation for cerebral palsy caused by medical malpractice.

    Understanding Cerebral Palsy as a Birth Injury

    Cerebral palsy is a unique condition caused by abnormal brain development or brain damage. The condition affects one’s ability to control muscles, resulting in lifetime care. Some cases of cerebral palsy are preventable, but others are unavoidable.

    The main symptom of cerebral palsy is the child’s inability to control their muscles. Other cerebral palsy symptoms include weakness, floppy or rigid limbs, and seizure disorder. Symptoms vary due to the differences in the damage caused to the developing brain.

    Causes of Cerebral Palsy in Birth Injury Cases

    Cerebral palsy has many causes and risk factors, from emergency cesarean section to Kernicterus. The injury can occur before or during childbirth or at any stage in a child’s early years. Most cerebral palsy cases that go to court are those that occur at childbirth due to poor, delayed, or excessive medical intervention.

    Cerebral palsy birth injury can occur due to birth complications, such as detachment of the placenta, uterine rupture, and umbilical cord problems. Such complications cause oxygen deprivation, affecting brain development.

    Other cases of congenital cerebral palsy occur due to medical mistakes by the nurses or doctors performing or assisting with childbirth. Actions that could lead to cerebral palsy:

    •  Failing to order a cesarian section for a difficult delivery

    •  Failing to set up the delivery room or equipment in time for delivery

    •  Improper use of assisted delivery devices like vacuum extractors and forceps

    Impact on Families

    Cerebral palsy can result in emotional distress, financial challenges, and unanswered questions. The long-term care and medical expenses can drain your savings. Your child’s condition may also worsen if you don’t have enough money to provide the needed care.

    If your child develops cerebral palsy due to medical errors, you don’t have to suffer the consequences alone. Pursuing a birth injury lawsuit can help you get the financial compensation you deserve.

    Legal Aspects of Cerebral Palsy Birth Injury Cases

    A cerebral palsy attorney can help you navigate your case’s complex legal landscape. The three main legal aspects include understanding your rights, filing a cerebral palsy lawsuit, and proving negligence.

    Understanding Your Rights

    A cerebral palsy lawsuit is a type of birth injury lawsuit filed against medical professionals or the medical facility. You can pursue a cerebral palsy claim if the actions of a healthcare professional cause your child’s cerebral palsy.

    Birth injury lawsuits are one of the common types of medical malpractice cases. Due to the complex nature of these claims, skilled attorneys are required to obtain full compensation. You can work with cerebral palsy lawyers to protect your rights and interests.

    Filing a Lawsuit: The Process

    Cerebral palsy malpractice lawsuits may involve a medical professional, their employer, and their insurance company. These parties are the liable parties in most birth injury cases. Filing a cerebral palsy suit may involve the following steps:

    1. Initial Filing: This step involves filing the initial claim. After this step, your lawsuit will be officially in motion. A lawyer can help you obtain and file all necessary forms within the cerebral palsy lawsuit statute of limitation.
    2. Discovery: Once the case is in court, your legal team and the defendants will enter a discovery phase. This step involves exchanging evidence and documents with the other party.
    3. Mediation: Your legal team may reach a pre-trial settlement to avoid going to court. This decision is usually achieved during mediation and may involve a judge or third-party mediator.
    4. Settlement: If you have a strong case, the defendant may offer a cerebral palsy settlement to avoid the expensive trial process and possible higher verdicts. Your lawyer can negotiate the highest settlement, which, if reached, ends the lawsuit.
    5. Trial: If an agreement is not reached, your cerebral palsy case will go to trial, where a judge or jury will determine the verdict. Skilled lawyers can help you get a favorable jury verdict for your child’s injuries and medical care.

    Proving Negligence or Malpractice

    You can get a cerebral palsy lawsuit settlement if you prove negligence or malpractice. Medical negligence in cerebral palsy lawsuits occurs when medical professionals breach their duty of care. The breach of duty may then be tied to the injury that causes cerebral palsy.

    Proving a breach of duty may require expert testimony and witness accounts. Pregnancy medical records and video footage of the birthing process can also help. Medical negligence is usually confirmed if the practitioner could have prevented your child’s birth injury if standard-level care was provided.

    Compensation and Settlements

    If a medical professional has a hand in your child developing cerebral palsy, you deserve to get compensated. Cerebral palsy lawsuit settlements can cover ongoing and future medical expenses. You can also claim financial compensation for other related expenses.

    Types of Compensation Available

    Compensation for birth cerebral palsy is mainly aimed to compensate for the child’s treatment in the past, present, and future. This includes surgery, medication, physical and occupational therapies, speech therapy, and other treatments. Compensation also covers adaptive transportation equipment, assistive devices, and mobility aids.

    You can claim lost wages if you have to miss work or quit your job to provide parental care. Attorneys can also help you claim compensation for emotional trauma. Medical malpractice settlements vary based on the severity of the injuries your child sustained. The medical prognosis and quality of care needed also influence settlement amount.

    The Role of a Cerebral Palsy Lawyer

    Dressie Law Firm can help if your child suffers a brain injury at birth leading to cerebral palsy. Our attorneys can review your case, file your personal injury lawsuit, prove negligence, and represent you during negotiations and trial.

    Our Approach to Cerebral Palsy Cases

    Attorneys at Dressie Law Firm are dedicated to helping victims of personal injury. Our customer-centric approach emphasizes protecting the rights and interests of our clients. We also have experienced lawyers working on personalized strategies and client care.

    Building a Strong Case

    Favorable cerebral palsy verdicts are possible if you have a strong case. Dressie Law Firm has the extensive experience required in such cases. Our lawyers can gather evidence from medical professionals and witnesses and help you prepare for legal proceedings.

    Navigating the Emotional and Legal Journey

    Dealing with your child’s cerebral palsy diagnosis can be emotionally and financially draining. Speaking to a professional can help you get the guidance and support required.

    Dressie Law Firm provides emotional and legal guidance to families dealing with long-term childbirth injuries. Our legal team can answer any cerebral palsy lawsuit questions you have. We also have professionals to help you navigate your medical malpractice case.

    Contact Our Cerebral Palsy Attorneys at Dressie Law Firm

    Cerebral palsy birth injury cases require skilled legal representatives to help you get maximum compensation. At Dressie Law Firm, we prioritize the needs of our clients, offering personalized counsel and representation. Our lawyers can provide legal guidance throughout your case.

    We have experience representing clients in personal injury cases. Our lawyers have helped many clients get compensation for cerebral palsy and other malpractice injuries. Contact us today for a free consultation and personalized legal assistance.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!