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 is sometimes caused by complications during the delivery process, resulting in birth injuries. If you believe that 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.

cerebral palsy lawyer at Snyder Sarno D'Aniello Maceri da Costa LLC in Roseland, NJ, can help you secure damages to offset the expense of this condition if it was caused by the negligence of another party.

Causes of Cerebral Palsy

Cerebral palsy that develops at birth results 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 may lead to a lifetime of medical treatment. 

A physician may be liable for medical malpractice if cerebral palsy occurs due to any of the following:

  • Mismanagement of umbilical cord prolapse
  • Improper treatment of hemorrhaging 
  • Avoidable complications in a prolonged labor and delivery
  • Failure to order a Cesarean section when appropriate
  • Shoulder dystocia, causing the baby to become stuck in the birth canal
  • Failure to diagnose placental abruption
  • Failure to diagnose or safely deliver a breech baby
  • Trauma resulting from the improper use of forceps or a vacuum extractor

The role of healthcare professionals in the timely and correct diagnosis of health risks cannot be overstated, as well as prompt action in accordance with standard medical procedures to prevent irreparable harm.

Image of baby being delivered with forceps

Cerebral palsy can result from the improper use of forceps during delivery.

 

Cerebral palsy is not curable, but the condition is not degenerative, so it will not become worse as the years progress. Some of the most common symptoms of cerebral palsy include the inability to walk, difficulty speaking, seizures, learning disabilities, and more.

Filing a Birth Injury Lawsuit

If you suspect that your child's cerebral palsy was caused by medical negligence at birth, you should immediately seek legal representation from an experienced birth injury attorney. A birth injury lawsuit must be filed within a certain timeframe, and New Jersey's statute of limitations for medical malpractice suits extends to two years within the date of injury.

A successful lawsuit may result in securing substantial compensation for your losses, including the cost of healthcare bills, ongoing care, and other expenses related to cerebral palsy. 

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 particularly significant in cerebral palsy cases, since the condition may not be diagnosed until after the child grows past infancy. Additionally, if a minor wants to file a lawsuit regarding a birth injury he or she sustained, the medical malpractice suit can be delayed until his or her 13th birthday.

An Experienced Attorney Can Help You

The skilled medical malpractice attorneys at Snyder Sarno D'Aniello Maceri da Costa LLC will diligently gather and document all required evidence to prove negligence, including the thorough review of hospital records and your personal health history. Additionally, we will obtain the services of a medical expert, who is a practitioner in the same field as the defendant, to review your case. After filing a malpractice suit, your lawyer can present an affidavit from the medical expert to support your claim.

A successful lawsuit may result in securing substantial compensation for your losses, including the cost of healthcare bills, ongoing care, and other expenses related to cerebral palsy. You may also receive compensation for loss of quality or life, and pain and suffering caused by 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 child and parents. If this condition was caused due to another party's negligence, one of our compassionate lawyers can secure just restitution for your losses. Contact us today to schedule your consultation.

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