Cerebral Palsy Lawsuits
Cerebral palsy is a disorder that affects a person’s movements, balance, and posture. Cerebral palsy is the result of abnormal brain development, most often due to complications before or during birth. If cerebral palsy is caused by medical negligence, individuals should consider filing a cerebral palsy lawsuit.
Cerebral palsy lawyers at Zucker & Regev, P.C., who serve Brooklyn, NY, and surrounding areas, assist their clients in holding medical professionals liable for damages related to cerebral palsy. Here we go over the terms for filing a cerebral palsy claim, and the types of compensation that may be due for losses.
When to Consider a Cerebral Palsy Lawsuit
Cerebral palsy is commonly the result of pregnancy complications or a birth injury. Medical professionals have a duty of care to their patients. During pregnancy and childbirth, this duty holds medical professionals accountable for monitoring both the mother and child’s health, as well as the child’s development.
If a doctor or nurse neglects their duty of care by providing care that falls short of the accepted standard, and a child develops cerebral palsy as a result, their parents should consider filing a cerebral palsy lawsuit.
Forms of medical malpractice that may warrant filing a cerebral palsy claim include:
- Failure to detect maternal infections during pregnancy
- Failure to identify risk factors during pregnancy
- Failure to detect signs of fetal distress
- Failure to monitor mother or child during labor and delivery
- Failure to perform a C-section or delaying a necessary C-section
- Improper use of forceps or vacuum extractors
- Failure to treat severe jaundice in a newborn
Steps of a Cerebral Palsy Lawsuit
If a child develops cerebral palsy and their parents suspect that it is the result of medical malpractice, they should work with attorneys to file a cerebral palsy lawsuit. Although each situation is unique, a cerebral palsy claim generally follows the same basic structure.
- Consult with a cerebral palsy lawyer to determine if there is grounds to file a civil lawsuit
- Our Brooklyn attorneys gather evidence to prove that cerebral palsy was the result of medical neglect (evidence may include medical records and expert testimony)
- A lawsuit is filed
- The plaintiff and defendant both have time to build their case and exchange evidence
- Lawyers for the plaintiff and defendant negotiate in an attempt to reach a settlement
- If a settlement is not reached, a trial is scheduled
Damages in a Cerebral Palsy Lawsuit
There is no cure for cerebral palsy, but there are treatments that allow people to manage symptoms and live their fullest life. Unfortunately, cerebral palsy treatments are lifelong, and the expense of medical care can be a huge strain.
When filing a cerebral palsy lawsuit, we assist our Brooklyn clients in collecting compensation for all potential medical expenses, including:
- Physical therapy
- Occupational therapy
- Speech therapy
- Assistive devices
- Mobility aids
- Surgery or other medical treatments
In addition to medical expenses, our clients may be due compensation for damages such as diminished wage-earning potential, pain and suffering, and diminished quality of life.
Contact Our Lawyers
Cerebral palsy lawyers at Zucker & Regev, P.C., can assist individuals in holding medical professionals accountable when medical malpractice results in cerebral palsy. If you are considering a cerebral palsy lawsuit and would like to learn more about your legal options, contact our law firm online, or call (718) 624-1211 to schedule a legal consultation.