Cerebral Palsy Lawyers

The cause of a newborn being affected with cerebral palsy may or may not be due to medical negligence. However, studies have shown that in the USA there has been an increase in doctor error and birthing mistakes associated with cerebral palsy. As per official figures, 8,000-10,000 babies and infants are diagnosed with cerebral palsy annually. Estimates suggest that 20% of children diagnosed with congenital cerebral palsy developed cerebral palsy due to a brain injury during the birthing process.

While the fact remains that cerebral palsy is not always due to human error, it is saddening to know that it is often caused by human error. It is even more disheartening to know that cerebral palsy has no cure.

The very possibility of human error brings cerebral palsy lawyers into the picture. The symptoms of cerebral palsy take some time to manifest. A lot of time passes between the actual birth and the time when cerebral palsy is diagnosed. So it becomes very difficult to pinpoint the cause. Medical negligence occurs through unreasonable negligence when the doctor or the institution fails to provide the expected standard of care.

Medical malpractice or medical negligence lawsuits are guided by personal injury laws. So a cerebral palsy lawyer should be well versed in all the facets of this law. This law awards compensation under various categories of damages like loss of earnings capacity, pain and suffering, and reasonable medical expenses. They law takes into consideration both present and future expected losses.

Cerebral palsy lawyers are expected to find evidence with regard to slipups by the medical care providers. Possible scenarios could be misreading of fetal monitoring equipment by the physician, failure to diagnose fetal distress during labor, waiting too long to perform a caesarian section, the administration of excessive drugs, or other possible triggering factors.

Trained minds will be able to trace events and bring together facts that point towards possible mistakes. Another important aspect of cerebral palsy litigation is the statute of limitations that applies to cerebral palsy medical malpractice claims. An experienced cerebral palsy attorney would be able to advise affected families on the applicable time limits.