Cerebral palsy is a congenital disorder that affects movement, muscle tone, or posture. The primary cause is abnormal brain development or damage to the brain while developing. The abnormal development or damage causes problems with a person’s ability to move and control their own muscles.
In many situations, cerebral palsy is a preventable injury. In other words, a medical provider’s negligence caused it. Understandably, prospective clients want to know the average settlement for a preventable cerebral palsy lawsuit. Unfortunately, there’s no average settlement amount as different factors impact your case. No two birth injury lawsuits are alike.
If you believe your child suffered a preventable cerebral palsy injury, contact a skilled Kentucky medical malpractice lawyer at Gladstein Law Firm, PLLC.
What Is a Cerebral Palsy Birth Injury?
According to the Centers for Disease Control (CDC), cerebral palsy is the most common motor disability in childhood. Symptoms and signs can vary significantly among patients. It might affect a child’s entire body, be limited to one side of the body, or affect only a couple of limbs. The most common signs include challenges with coordination and movement, difficulty with speech and eating, and developmental problems.
Determining the cause of cerebral palsy can be very complicated in some instances. Numerous issues could lead to a child developing cerebral palsy. In some situations, genetics can play a role. But in many cases, cerebral palsy develops due to a preventable mistake. Some examples include:
- The mother has an undiagnosed infection while pregnant or during childbirth;
- The placenta didn’t fully develop or suffered damage;
- The baby was deprived of oxygen during delivery or immediately following birth; and
- Head trauma or stroke in the newborn.
A preventable mistake could give rise to a medical malpractice lawsuit in many instances. Birth injury claims can be complex. It would be best if you had an experienced medical malpractice attorney who understands how to prove a birth injury lawsuit.
Determining Whether Cerebral Palsy Was a Preventable Birth Injury
A cerebral palsy injury can develop in the prenatal period, during childbirth, or after birth. Health providers have a legal duty to uphold a standard of care and try to safely deliver your child. When medical professionals fail to adhere to the proper standard of care, mistakes happen, and patients suffer harm.
You could have a possible lawsuit against a medical provider when they fail to:
- Identify fetal distress signs, such as being oxygen deprived;
- Detect a maternal infection during your pregnancy;
- Determine that you had other risk factors during pregnancy;
- Properly use medical delivery tools, such as a vacuum extractor or forceps;
- Identify the need for an emergency C-section; or
- Detect and treat a newborn for jaundice.
If you believe medical negligence is the reason your child developed cerebral palsy, you could have the right to file a birth injury lawsuit. Holding negligent medical providers accountable is crucial to ensure other families don’t have to go through the heartbreaking tragedy your family is experiencing.
Factors that Impact Your Potential Medical Malpractice Lawsuit Settlement
It’s imperative to understand what factors impact your potential settlement. One of the most important factors is the severity of your child’s cerebral palsy. The more severe it is, the more your case could be worth. For example, a child with mild cerebral palsy might have an awkward walk but does not require any special treatment. A child with severe cerebral palsy may need special equipment to walk and medical care for the rest of their life. The more severe your child’s condition, the more their case could be worth.
You want to give your child the best life possible. However, having a child with cerebral palsy means a lot of associated costs and expenses. You might not even realize changes must be made in your home to accommodate your child as they get older. Most people don’t have a few million dollars to cover medical costs from a preventable birth injury. If someone else is responsible for your child’s injuries, they should be held accountable.
Symptoms and Signs of Cerebral Palsy Birth Injuries
Because cerebral palsy affects people differently, it might not be immediately apparent what is happening. Some potential cerebral palsy signs to look for in your child include:
- Lack of muscle coordination and balance, called ataxia;
- Muscle tone variation, such as being too floppy or stiff;
- Difficulty walking or abnormal gait;
- Exaggerated reflexes and stiff muscles;
- Jerky involuntary movements or tremors;
- Challenges with fine motor skills, such as picking up utensils or buttoning clothes;
- Favoring one side of the body, such as dragging one leg while crawling;
- Difficulty speaking or delay in speech development;
- Challenges with chewing, eating, sucking, or swallowing;
- Delayed milestones, such as crawling or sitting up;
- Learning and intellectual disabilities;
- Delayed growth that results in more diminutive stature;
- Mental health problems, such as behavioral problems or emotional disorders;
- Problems with hearing and vision;
- Seizures from epilepsy;
- Abnormal pain or touch sensations; and
- Bladder and bowel issues, such as urinary incontinence or constipation.
Cerebral palsy doesn’t necessarily change as your child ages. However, you might notice some symptoms become more apparent. Getting a timely diagnosis is crucial because some issues, such as muscle rigidity or shortening, could worsen when left untreated.
Contact Our Kentucky Lawyer
Pursuing a cerebral palsy birth injury lawsuit is challenging. Medical professionals will have a team of attorneys and insurance people determined to show they did nothing wrong. You need a skilled legal advocate on your side who isn’t afraid to go up against these medical providers and their lawyers.
At Gladstein Law Firm, we have nearly 20 years of experience handling medical malpractice lawsuits and personal injury cases. Rather than search online for information about the average settlement for a preventable cerebral palsy lawsuit, please speak with an attorney from our office who can tell you what your individual case is worth.
We understand this is a terrifying time for you and your family. We offer compassionate yet aggressive representation. We will work tirelessly on your behalf to hold the responsible parties accountable for your child’s birth injury. Don’t navigate the legal system alone; let Gladstein Law Firm, PLLC be there for you when you need it most. Contact our office today to schedule a consultation.