Cerebral Palsy Lawyers - Medical Malpractice Compensation Settlements





Our specialist cerebral palsy lawyers deal with personal injury settlements based on medical malpractice on a full contingency basis. You do not have to fund or finance your potential damages claim in any respect. Our negligence attorneys are experienced in high value personal injury claims with our maximum settlement achieving a 2011 value in excess of $25,000,000. If your child suffers from cerebral palsy caused by medical malpractice we will fully investigate the legal issues and advise in early course about our view on liability and the estimated value of the likely award.

We offer free consultations and our medical malpractice lawyers will accept no fee for their services until such time as money is successfully recovered a result of the legal action we take on your behalf. Our cerebral palsy attorneys never accept any payment for expenses or legal fees until the medical malpractice case is settled and payment of personal injury damages has been received. All enquiries and investigations will be carried out at our expense with no cost to you or your family.


Time Limits


A statute of limitation applies in all states, dictating and determining when legal action becomes statute barred therefore precluding filing a writ, ensuring that the opportunity to claim compensation for cerebral palsy caused by medical malpractice may be lost forever. The relevant time limit varies dependent not only on the location but also dependent on the age and the mental capacity of the victim. Matters relating to limitation can be complex legal issues and you should take urgent legal advice from a cerebral palsy lawyer as soon as there is any suspicion that personal injury may have been caused by negligence.


What is Cerebral Palsy?


The term cerebral palsy refers to a group of physical disabilities that impair the victim’s muscle coordination and body movement. The severity of the condition varies widely from person to person. In its most mild forms, cerebral palsy can be a simple weakness of one part of a limb. In the worst cases, the child suffers a complete lack of movement. Those suffering from cerebral palsy may also experience speech, vision, intellect and/or hearing impairments. Some people with cerebral palsy also have seizures.

Every single hour that passes, a child in USA is born with cerebral palsy. The statistics are the same worldwide, about one out of every 400 births. Sadly, there is no pre-natal test that can be performed to detect cerebral palsy, and there is no known cure for the condition. Except when it is in its mildest forms, signs of cerebral palsy can typically be detected within the child’s first 12 to 18 months of life. The main sign of cerebral palsy is when a child fails to reach common movement and development milestones.


Types of Cerebral Palsy


There are three main types of cerebral palsy which may affect any combination of all four limbs and there is a further mixed type which may consist of a combination of the three main types which are as follows.

    Spastic quadriplegia cerebral palsy

    The most common type of cerebral palsy, spastic quadriplegia is typically caused by a prolonged period of oxygen deprivation. All four of the limbs are rigid and the patient experiences involuntary, jerky muscle contractions. Spastic quadriplegia affects between 70% to 80% of all patients with cerebral palsy.

    Athetoid - Dyskinetic Cerebral Palsy

    This type of cerebral palsy account for 10% to 20% of all cases. There are two forms of dyskinetic cerebral palsy:-

      Athetosis: Characterised by slow, uncontrolled “stormy” movements.

      Dystonia: Intermittent or sustained muscle contracts causes twisting or repetitive movements.

    Ataxic Cerebral Palsy

    Characterized by shaky movements and impaired balance and coordination, this is the least common form of cerebral palsy.


What Causes Cerebral Palsy?


Cerebral palsy is the result of damage to the brain caused before, during or shortly after birth. Damage to the brain that results in cerebral palsy can happen in a number of different ways. Some of the most common causes include:

  • the mother being exposed to certain infections during the early months of pregnancy
  • a lack of oxygen being supplied to the baby, which is of particular concern during birth
  • the baby not developing at the correct rate while still in the womb
  • the baby developing a severe infection shortly after birth, such as encephalitis or meningitis

Not all cases of cerebral palsy are caused by medical malpractice or error. An experienced cerebral palsy lawyer can advise you on the likelihood that your child’s condition is the result of medical malpractice and whether or not you have a claim for negligence. To make an assessment, a cerebral palsy lawyer will undertake a number of actions, including:

  • taking statements about the pregnancy, birth and the care the child received in the period shortly after birth
  • obtaining copies of the mother and the child’s medical records
  • seeking expert advice from medical specialists such as obstetricians and pediatric neurologists

Numerous different errors on the part of a healthcare professional can lead to brain damage that may result in cerebral palsy. Some of most common negligent actions that can cause damage to a baby’s brain include a failure to:

  • detect a prolapsed umbilical cord
  • perform a Caesarean section when signs of fetal distress are present
  • recognize fetal distress
  • properly monitor the baby’s heart rate
  • order specific tests during the pregnancy
  • properly interpret the results of tests
  • respond to a mother’s high blood pressure
  • induce labor when the baby’s membranes have been ruptured for over 24 hours
  • diagnose and treat meningitis or jaundice in a newborn

Two other possible medical errors include the excessive use of vacuum extraction or the improper use of forceps during delivery. The lack of a pediatrician present at the delivery can also be considered negligent depending on the circumstances.

Cerebral palsy compensation claims are among the most difficult of all medical malpractice cases. Proving that the condition was caused by negligence on the part of the healthcare provider takes an experienced cerebral palsy lawyer as well as a qualified team of medical experts. Because not all birth traumas are caused by medical malpractice, it is important that your lawyer review all of the evidence to accurately to determine whether you have a claim.


How Much Compensation Will I Receive?


If negligence followed by personal injury can be established, then compensation may be awarded. The amount of damages awarded will depend on a number of factors, including the child’s particular injuries, disabilities and needs. The goal of awarding damages is to ensure that the family has sufficient funds to cover the extensive medical expenses involved with caring for a child with cerebral palsy. In addition to compensation to cover the child’s medical care, it may also be possible for the parents to receive compensation if they have suffered a psychiatric condition as a result of what has happened to their child.

Many cerebral palsy compensation claims are settled out of court with no need for a trial. Even with a settlement, however, it is necessary to obtain the formal approval of the court whose job it is to make sure the child’s best interests are being served.


Free Legal Advice


To receive free legal advice from an experienced cerebral palsy lawyer, simply complete the contact form or email our offices. There is no charge for the consultation, and you are under no obligation to proceed with your claim.