A Cerebral Palsy Lawyer Can Protect Your Rights In A Birth Injury Claim
Cerebral palsy is a neurological disorder that affects your child's brain and motor functions. This developmental disability can sometimes be caused by complications during the delivery process, resulting in birth injuries. If you believe your child has developed cerebral palsy due to the negligence of medical staff, you may be entitled to file a medical malpractice lawsuit and receive compensation.
Causes of Cerebral Palsy
Cerebral palsy at birth is caused when an infant lacks oxygen for a period of time or sustains trauma to the head, thus damaging the part of the brain that controls movement. The effects of cerebral palsy can range from mild to severe, and can lead to a lifetime of necessary medical treatment. This condition can have several risk factors that your doctor should watch out for, and respond accurately to.
If the oxygen supply to the infant is disrupted during pregnancy, delivery, it can lead to some cases of cerebral palsy. It can be caused by:
- Umbilical cord prolapse
- Complicated and prolonged labor and delivery
- Failure to order a Cesarean section in time
- Shoulder dystocia causing the baby to get stuck in the birth canal
- Placental abruption
- The baby presented for delivery other than head first into the birth canal
Severe trauma to the baby's skull or brain can result from improper use of forceps or a vacuum extractor during the delivery process. Although these are valuable tools for a doctor, faulty use can lead to serious compression injury. Though the causes of cerebral palsy can be influenced by a wide range of factors, the role of healthcare professionals cannot be over-stated. Timely and correct diagnosis of health risks, and prompt action in accordance with standardized medical procedures, can prevent irreparable harm to your child.
If you suspect your child has cerebral palsy caused by medical negligence during birth, you should seek legal representation from an experienced birth injury attorney as soon as possible.
Cerebral palsy is not curable, but the condition is not degenerative, so it will not become worse as the years progress. Some of the common symptoms of cerebral palsy include difficulty or inability to walk, difficulty in speaking, seizures, learning disabilities, and more.
How An Experienced Attorney Can Help
If you suspect your child has cerebral palsy caused by medical negligence during birth, you should seek legal representation from an experienced birth injury attorney as soon as possible. There is a time limit in which a birth injury lawsuit can be filed, and New Jersey's statute of limitations on medical malpractice suits extends to two years within the date of injury.
However, there are several exceptions to this rule. The plaintiff has two years after the discovery of injury to file a lawsuit if the injury is not discovered within the first two years of life. This is important since a condition such as cerebral palsy often cannot be diagnosed until after the child grows past infancy, as their development becomes easier to measure during the toddler stage. Also, if a minor child wants to file a lawsuit regarding a birth injury he or she sustained, the medical malpractice suit can be delayed until the child’s 13th birthday.
Paul M. da Costa and his team at the law firm of Snyder Sarno D'Aniello Maceri & da Costa LLC. When he takes up your case, he will diligently gather and document all the required evidence to prove a negligence lawsuit, including going through hospital records and your personal health history, as well as seek the services of a medical expert, who must be a practitioner in the same field as the defendant, to review your case. After filing the medical malpractice lawsuit, your lawyer will present an affidavit from the medical expert to support your claim.
A successful suit can secure damages for your losses, including the cost of healthcare bills, ongoing care, and other expenses related to cerebral palsy. Other losses include compensation for loss of quality or life, and pain and suffering caused to the victims of medical malpractice.
Schedule Your Consultation Today
Even without the burden of medical expenses, living with the debilitating consequences of cerebral palsy is already difficult for both the child and the parents. If this condition has been caused due to somebody else's negligence, your compassionate lawyer can secure just restitution for your losses. Contact us to schedule a consultation with Paul M. da Costa and his team today.
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