The trust parents once had in a medical professional is broken when they discover that the doctor could have prevented their child’s condition or that the doctor’s actions contributed to the development of cerebral palsy.
If you believe medical malpractice caused your child to develop cerebral palsy, call the Law Offices of Anidjar & Levine at 1-800-747-3733 to schedule a case evaluation with a medical malpractice lawyer. A cerebral palsy lawyer in Fort Lauderdale, FL from our firm can review the legal options you have to pursue compensation to help your child with this life-long health challenge.
What is Cerebral Palsy?
Cerebral palsy is a neurological disability caused by a brain injury or damage to a child’s developing brain. According to the U.S. Centers for Disease Control and Prevention (CDC), brain damage can occur:
- Before birth
- During birth
- Within the month after birth
- During the first years of a child’s life as the brain continues to develop
Cerebral palsy affects a child’s muscle coordination and body movement. This makes it necessary for some children to use a wheelchair or crutches to walk and maintain balance. Genetic abnormalities, maternal infection or fevers, and a variety of other types of brain damage can contribute to a child developing cerebral palsy.
Cerebral palsy symptoms differ in type and severity and may change over time. For instance, while all individuals with cerebral palsy have difficulties with movement and posture, some may also have an intellectual disability, seizures, abnormal physical sensations or perceptions, or other medical conditions, according to the National Institute of Neurological Disorders and Stroke.
How Does Medical Malpractice Contribute to Cerebral Palsy?
Examples of medical malpractice that could contribute to the development of cerebral palsy include:
- A doctor’s failure to treat a mother’s infection
- Birth asphyxia (lack of oxygen to the brain) during labor and delivery
- Birth equipment injury (for example, forceps or vacuum extractor)
- Failed or delayed cesarean section
- Prolonged labor
Our firm can investigate your case to determine how negligence was involved in your child developing cerebral palsy. Call 1-800-747-3733.
Investigating Your Cerebral Palsy Case
Our investigation includes obtaining evidence to support your claim that medical malpractice caused your child’s cerebral palsy. We build our case on two critical pieces of evidence the mother’s medical records and those of the baby. The documents show treatment and tests the mother received during pregnancy, any medications prescribed, the baby’s cerebral palsy diagnosis, and other pertinent details.
Other evidence we collect includes:
- Medical literature on the subject matter.
- Depositions from treating physicians and other medical professionals involved in your care.
Our legal team works with medical experts who review the records and facts of the case to determine what caused cerebral palsy. Our lawyers will also investigate whether the medical professionals who treated you and your child failed to meet a standard of care recognized and practiced by other healthcare providers.
Establishing Negligence in a Cerebral Palsy Case
Medical malpractice cases must show that the doctor did not follow an acceptable standard of care. Showing an unacceptable standard of care means that our evidence must prove the following elements of negligence:
- A duty of care: A medical professional owes you an obligation to provide an acceptable standard of care.
- Breach of duty: The medical professional deviated from the standard of care.
- Causation: The medical professional’s negligent acts or substandard care caused injury to you or your child.
- Damages: You or your child suffered losses because of the medical professional’s negligence.
Filing a Personal Injury Claim for Damages Related to Cerebral Palsy
A cerebral palsy lawyer in Fort Lauderdale, FL, from our firm will speak to you about the legal options available to you to recover compensation.
One option involves filing a personal injury claim against the health care provider or the provider’s insurance company. We aim to negotiate a fair settlement. However, if the insurer refuses to settle or denies the claim, we may pursue a lawsuit.
You may pursue economic damages such as:
- Your child’s current and future medical expenses
- Modifying your home to accommodate your child’s assistive mobility devices
- Home health care for your child
You can also recover non-economic damages, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
The Statute of Limitations for Medical Malpractice Cases
Florida’s statute of limitations allows you to start a medical malpractice lawsuit:
- Within two years from the time the injury occurred
- Within two years from the time that the injury was discovered or should have been discovered
- No later than four years from the date the injury occurred
According to the CDC, the damage that causes cerebral palsy can occur at multiple points:
- Younger than six months of age
- Older than six months of age
- Older than ten months of age
So, as soon as your child receives a diagnosis and you suspect medical malpractice played a role, contact our office to discuss your case. Time is of the essence in filing a personal injury claim or lawsuit.
We Can Help You Recover Compensation in Your Cerebral Palsy Case
Let the Law Offices of Anidjar & Levine fight for you and your child by helping you recover the compensation you deserve and hold the party accountable for causing your child’s cerebral palsy.
We Can Help.