Legal Guidance for Families Dealing with Cerebral Palsy Birth Injuries

Having a child is a beautiful thing and a life event that defines starting a family. But, if a child suffers a birth injury, this can be an incredibly emotional and difficult reality to deal with for any parent. Knowing your child has cerebral palsy can be devastating. 

You may be uncertain about what happened to your child and if mistakes were made that could have caused the condition. You may also be wondering what your child’s future will look like and what ongoing assistance they will need. Next, you could be thinking about how to pay for the cost of their care which could then lead you to consider what your legal rights are for suing. Potentially, a successful cerebral palsy lawsuit could allow you to obtain the monetary compensation you need to secure your child’s future.

For more information about birth injury lawsuits, a Pennsylvania birth injury attorney at Edelstein Martin & Nelson, LLP can answer your questions and provide legal representation.

Cerebral Palsy Legal Suits

Cerebral palsy is a condition that affects the brain. As a neurological disorder, it can cause disruptions and impairment in muscles and body movement, paralysis, intellectual deficits, and more.

A child with a cerebral palsy diagnosis may require considerable care and treatment for their entire life. The complexities that come with caring for and supporting a person with cerebral palsy can not only be time-consuming but expensive. In adulthood, it may be very difficult for a person with cerebral palsy to engage in gainful work and earn a living independently.

In order to take legal action and file a suit against a provider for a birth injury like cerebral palsy, it must be determined that the provider was negligent and that was what caused the condition. If your medical provider violated the standard of care that is required of them, this could have been the reason that your child was injured. Some examples of negligent acts by a medical provider include:

• The mother had an adverse reaction to Pitocin
• Issues with forceps or vacuum extraction delivery injury
• Oxygen deprivation
• Detached placenta

When the following elements of negligence can be proven, then it is likely that you have a case to make against your medical provider for the birth injury your child suffered:

• The medical care provider deviated from the expected standard of care to their patient that was consistent with accepted medical practice standards.
• The deviation from that standard of care lead to the birth injury.
• The parent and/or the child suffered damages as a result of the deviation from a standard of care and the resulting cerebral palsy condition.

Evidence that can be used to support a birth injury claims could include:

• Lab reports
• Medical records
• Notes from medical staff
• Diagnostic reports
• Discharge paperwork
• Information on medication that was administered

Damages that a lawsuit may seek could include:

• Specialized medical treatments, procedures, and care
• Home and vehicle modifications
• Long-term treatment
• Occupation and physical therapies
• Lost income and lost income potential

Speak with an Attorney at Edelstein Martin & Nelson, LLP

For more information about if you have a birth injury claim and how to proceed, call Edelstein Martin & Nelson, LLP today to schedule a free consultation at (215) 731-9900.