Cerebral palsy refers to a neurological condition that affects balance, movement, posture, and coordination. It is typically caused by brain damage before, during, or after labor and delivery. In some cases, the damage occurs due to the negligence of a medical professional.
If your child has been diagnosed with cerebral palsy because a doctor, nurse, or another medical provider or entity acted negligently, you may be entitled to recover compensation for your related medical expenses, rehabilitation costs, and other damages. A Rockville cerebral palsy attorney at Brown & Barron would be honored to review your case and help you pursue fair compensation to help your family move forward without financial strain.
Did Medical Negligence Cause Your Child’s Cerebral Palsy?
Cerebral palsy occurs when the regions in the brain responsible for control and coordination receive damage, which typically happens towards the end of pregnancy or shortly after birth. According to Mayo Clinic, some causes of cerebral palsy include:
- Oxygen deprivation: If the oxygen supply to the baby’s brain gets interrupted or restricted, it can cause brain cells to die, resulting in cerebral palsy. The medical staff is responsible for continually monitoring the baby’s oxygen level, so they can act quickly if complications arise.
- Maternal infections: Certain medical illnesses or infections during pregnancy, labor, and delivery, such as rubella, cytomegalovirus, or toxoplasmosis, can be detrimental to the baby’s brain development. Doctors must conduct several tests if they suspect infection in a pregnant woman or the fetus so that it can be treated promptly. Failure to diagnose and treat a maternal or fetal infection may be medical negligence.
- Head trauma: External trauma to the baby’s head can happen through the improper use of obstetrical forceps or vacuum extractors during delivery. Using instruments like these with excessive force can cause internal damage to the baby’s head.
Other variables can contribute to the mother receiving a poor standard of care and having risk factors for cerebral palsy going undetected and/or unaddressed. These include:
- The hospital is understaffed
- The medical team is handling too many patients at once
- The medical care provider is lacking in experience and/or training
- The doctor or nurse does not know which signs or symptoms to monitor
- Miscommunication among hospital staff
- Medical records getting mixed up
A Rockville cerebral palsy lawyer from our team will investigate the care you received during pregnancy to determine if medical malpractice was responsible for your baby developing cerebral palsy.
Get in touch with a cerebral palsy lawyer serving Rockville, 410-547-0202 for a free case evaluation.
Recoverable Damages in Rockville Cerebral Palsy Lawsuits
When a child is diagnosed with cerebral palsy, they often need expensive medical treatments, long-term medication, and intensive physical and occupational therapy. You may also need to make certain modifications to your home to make it safe and accessible for your child.
One or both of the child’s parents may also have to either quit their job or reduce their work hours to allocate more time to look after their child. All of these can be expensive and stressful for any family. A cerebral policy claim or lawsuit may give you access to invaluable compensation that can lift some financial burdens off your shoulders.
Your Rockwell cerebral palsy lawyer can determine the full spectrum of damages relevant to your case. You may be able to secure two types of damages: economic and non-economic.
These refer to any quantifiable damages that are easy to valuate. They often come with paper trails such as receipts, records, or bills. Economic damages may include:
- Past and future medical expenses such as hospital visits, ER visits, prescription medication, and rehabilitation
- Cost of past and future therapy, including occupational, physical, and speech therapy
- Cost of home modifications and any special equipment your child may need, such as mobility and communication devices
- Cost of a home health care provider
- Loss of future income
- Cost of special education
These are non-quantifiable expenses that cerebral palsy inflicts on the child and their parents. These are difficult to measure without legal expertise. Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Mental distress
Calculating the total settlement value of your case is one of the most critical steps in pursuing a cerebral palsy claim. Your cerebral palsy attorney can accurately assign a value to all your damages using bills, receipts, and our experience with similar cases.
How Our Rockville Cerebral Palsy Law Firm Can Help You with Your Lawsuit
A Rockville cerebral palsy attorney from our law firm can help you and your child in many ways: We can:
- Discuss your case and determine whether the root cause of your child’s cerebral palsy constitutes medical malpractice
- Investigate your case from start to finish to collect evidence that establishes negligence and damages
- Interview relevant medical experts to obtain statements
- Negotiate with the negligent party’s insurance company until we reach a fair settlement
- Draft the documents and fill out the necessary forms needed to file a claim and/or lawsuit
- Represent you in court if the defendant does not agree to a fair compensation out of court
Hire a Cerebral Palsy Lawyer Before Your Time Runs Out
Under Maryland Courts & Judicial Proceedings Code § 5-109, you generally have five years from the day the medical malpractice happened or three years from discovering the injury to pursue a lawsuit.
However, in cases of minors who incurred injury, the statute of limitations typically begins once they turn 18. This means your child will have until age 21 to seek compensation through a lawsuit.
This may seem like a long time, but understand that medical malpractice cases are complex. Holding physicians and hospitals accountable for their wrongdoings require insurmountable evidence, some of which may be time-sensitive.
By starting early, you give your cerebral palsy lawyer in Rockville enough time to gather evidence and build a convincing case for the insurance company and court. Moreover, you may be able to secure financial compensation sooner and get your child the care they need.
Work With a Cerebral Palsy Lawyer in Rockville
If medical negligence caused your child’s cerebral palsy, you do not have to bear the financial burden alone. You may be entitled to compensation from the medical providers or entities that harmed your child by filing a medical malpractice claim or lawsuit.
Contact Brown & Barron to speak with our team. We will schedule a free case evaluation for you, where a member of our team will review your case and provide an overview of all your legal options.
Contact Brown & Barron online today to schedule a free case review with a with a cerebral palsy lawyer serving Rockville.