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Cerebral Palsy

Baltimore Cerebral Palsy Attorney

The birth of your child is a joyous and momentous occasion, it can also be extremely devastating if your child suffers a birth injury that results in cerebral palsy. Also known as CP, this medical condition can have significant and lifelong consequences for your child and your family.

For many parents, hearing that their child has cerebral palsy is one of the more difficult things to experience. This is a situation that can present a lifetime of obstacles most people have never thought about or experienced before. A Baltimore cerebral palsy attorney from Brown & Barron can provide legal guidance during this difficult time. We are here to help you understand your options and help your child receive the long-term care they need.

Contact Brown & Barron for a Free Consultation

Watching your child suffer from cerebral palsy can be absolutely heartbreaking, and the consequences of negligent medical care have the potential to emotionally, physically, and mentally traumatize both you and your baby. 

At Brown & Barron, we know there is no way to turn back time and provide your child with the health and future that he or she deserves. However, our Baltimore cerebral palsy attorneys can help ease the situation by obtaining compensation for your pain and suffering, as well as your child’s past and future medical expenses. Contact us today for a free, no-obligation consultation. 

Why Work With a Baltimore Cerebral Palsy Attorney?

Cerebral palsy can severely limit your child’s ability to pursue education, employment, and otherwise live their life. On top of that, the necessary medical treatment that can help limit the effects of cerebral palsy are very costly. If a doctor’s negligence caused your child to suffer from cerebral palsy, a birth injury lawsuit can give your child their best chance at a full life.

When you work with Brown & Barron, you will receive:

  • Award-winning attorneys with 137+ years combined legal experience, who specialize in complex medical cases
  • Local attorneys and a local firm, serving only Maryland and DC clients
  • Attorneys who will treat you like you are a part of our family

Our extensive knowledge and dedication to clients have resulted in millions of dollars in settlements and verdicts. Since we operate on a “no recovery, no fee” basis, you have absolutely nothing to lose by reaching out to us, and everything to gain. While we aim to settle your claim outside of court, we’re unafraid of fighting for your right to fair compensation before a judge and jury at trial if necessary

Get in touch with a cerebral palsy lawyer serving Baltimore, (410) 698-1717 for a free case evaluation.

You Could Be Entitled to Recover Damages

Accommodating a child with cerebral palsy can take a huge financial toll on your family. You could hold the medical professional responsible if you can prove they were negligent. 

The amount of compensation you could receive in a cerebral palsy claim varies in each case. The severity of your child’s injury could influence the value of your claim. Typical recoverable damages in a cerebral palsy claim include: 

  • Medical care: You could recover for any doctor’s appointments, hospitalizations, emergency room visits, and medication costs you have had to pay out-of-pocket.
  • Future medical expenses: You can include any future medical care expenses in your claim. Our attorneys work with experts in the medical and economic fields to determine the value of future medical expenses. 
  • Cost of therapies: Your child might require physical therapy, occupational therapy, speech therapy, or recreational therapy. 
  • Lost income: If you or your child’s other parent could not work in the same capacity while caring for your child, you can include your lost wages, paid time off, retirement contributions, and any other types of income in your claim. 
  • Mobility equipment: You can add mobility equipment to your claim if your child needs a wheelchair, mobility scooter, communication device, or other assistive devices. 

The attorneys at Brown & Barron will help you seek the maximum amount of compensation for your losses. We want to hold the people who caused your child’s injuries accountable. 

What Is Cerebral Palsy?

Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and coordination. It is caused by damage or abnormalities in the developing brain, particularly in areas that control motor function. The condition is non-progressive, meaning that the brain damage does not worsen over time, but the symptoms and challenges associated with cerebral palsy can change as a person grows.

Key features of cerebral palsy include:

  • Motor Impairment: Individuals with cerebral palsy often experience difficulties in movement and coordination. The severity and nature of motor impairment can vary widely, ranging from mild muscle stiffness to more severe difficulties in controlling movements.
  • Muscle Tone Abnormalities: Cerebral palsy can result in either increased muscle tone (spasticity), decreased muscle tone (hypotonia), or a combination of both. Spasticity is the most common form and leads to stiffness and difficulty in initiating and controlling movements.
  • Coordination Challenges: Impaired coordination may affect fine motor skills, gross motor skills, and overall balance. This can impact activities such as walking, reaching, grasping, and other daily tasks.
  • Postural Instability: Many individuals with cerebral palsy may have difficulties maintaining a stable and upright posture. This can affect their ability to sit, stand, or walk independently.
  • Speech and Communication Issues: Some individuals with cerebral palsy may experience difficulties with speech and communication, as the muscles used for these functions can be affected.
  • Associated Conditions: Cerebral palsy may be associated with other conditions such as intellectual disabilities, seizures, vision or hearing impairments, and behavioral or emotional challenges.

The causes of cerebral palsy are diverse and can include prenatal, perinatal, or postnatal factors that result in brain damage or abnormalities. These factors may include infections during pregnancy, lack of oxygen during birth, premature birth, head injuries during early childhood, and genetic factors.

Management and treatment of cerebral palsy involve a multidisciplinary approach, including physical therapy, occupational therapy, speech therapy, medications to manage symptoms like spasticity, and sometimes surgical interventions. Early intervention and ongoing support can significantly improve the quality of life for individuals with cerebral palsy.

Types of Cerebral Palsy

Medical professionals classify cerebral palsy based on the affected area of the brain. The part of the brain that is affected is associated with the type of movement involved. Movement disorders consist of: 

  • Spasticity: This is the most common type of cerebral palsy. It is indicated by stiffened muscles that can cause movements to be awkward.
  • Dyskinesia: Patients often have uncontrollable movement of muscles in the arms, hands, legs, and feet, leading to difficulty sitting, standing, or walking. In some cases, the face and the tongue can be affected. Usually, if this occurs, they will have trouble swallowing or talking. 
  • Ataxia: This type of cerebral palsy causes problems with balance and coordination. Sufferers struggle to make quick movements and could be unsteady when they walk. 

Some people may have mixed cerebral palsy. This occurs when someone has more than one type. The most common type of mixed cerebral palsy is when someone suffers from spastic and dyskinetic cerebral palsy. 

Contact Brown & Barron online today to schedule a free case review with a cerebral palsy lawyer serving Baltimore.

What Causes Cerebral Palsy?

In most cases, cerebral palsy is congenital, caused by prenatal injuries to the infant. However, in 20% of cases, cerebral palsy is caused during the actual birth, with 10% of injuries occurring after the birth. That leaves 70% of cerebral palsy cases most likely caused by failure to monitor or other issues that arise during pregnancy.

Doctors must act once they notice any sign or symptom of distress with the baby. Allowing something to persist for an extended time is dangerous and puts the infant at risk of developing a serious condition such as cerebral palsy.

Understanding some of the common causes of cerebral palsy can be important when determining if someone is accountable for the injuries sustained. 

According to the National Institute of Neurological Disorders and Stroke, some common causes of CP include:

  • Pregnancy infections: Doctors must ensure that any infections a mother has are treated effectively so they are not passed on to the baby. Both rubella and cytomegalovirus are known causes of cerebral palsy.
  • Asphyxiation: If there is a lack of oxygen to the baby during the pregnancy, labor, or delivery, it may cause cerebral palsy. Doctors must work quickly if they identify asphyxia.
  • Untreated jaundice: Jaundice is a condition where a newborn has a yellow hue to their skin or eyes. It must be treated, especially in the most severe cases. This is the responsibility of the doctor, and if they fail to act, it can be considered negligence.
  • Rh Incompatibility: Rh incompatibility between the blood types of the mother and the baby can lead to brain damage and increase the risk of cerebral palsy.
  • Multiple Births: Twins or multiple births may have a higher risk of cerebral palsy, possibly due to the increased likelihood of complications during pregnancy or childbirth.
  • Exposure to Toxins: Exposure to certain toxins or infections during pregnancy may contribute to the development of cerebral palsy.

How to Prove Medical Negligence

Proving negligence for causing cerebral palsy in a birth injury lawsuit involves establishing that the healthcare provider or facility failed to meet the standard of care expected in delivering a baby, and that this failure directly resulted in the injury. Here are the general steps and elements involved in proving negligence in such cases:

  1. Establish Duty of Care: Demonstrate that there was a duty of care owed by the healthcare provider to the mother and the baby during childbirth. This duty is typically established by the doctor-patient relationship.
  2. Breach of Standard of Care: Show that the healthcare provider breached the standard of care expected in similar situations. This involves demonstrating that the actions or decisions made by the healthcare provider deviated from what a reasonable and competent healthcare professional would have done under similar circumstances.
  3. Causation: Establish a direct link between the breach of the standard of care and the resulting harm. In the context of cerebral palsy cases, it must be demonstrated that the negligent actions or omissions directly caused or contributed to the brain injury leading to cerebral palsy.
  4. Expert Testimony: Expert witnesses, typically medical professionals with expertise in the relevant field, are crucial in these cases. They can provide testimony regarding the standard of care, the defendant's deviation from that standard, and the causal link between the negligence and the cerebral palsy.
  5. Medical Records and Documentation: Gather and present medical records, test results, and other relevant documentation that can support the claim of negligence. This may include evidence of fetal distress, improper monitoring, delayed interventions, or other factors contributing to the birth injury.
  6. Timeline of Events: Create a detailed timeline of events leading up to and during childbirth. Highlight any critical moments where negligence may have occurred and contributed to the cerebral palsy.
  7. Damages: Establish the damages incurred as a result of the cerebral palsy, including medical expenses, ongoing care costs, loss of future earning capacity, pain and suffering, and diminished quality of life.
     
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