Pregnancy and birth can bring significant joy to a family’s life, but the negligent and careless actions of a doctor, nurse, or other medical professional can create heartbreak and difficulties for expectant families. Sometimes, your child’s birth can result in injuries that could have been avoided, but it can be hard to know if your case qualifies as medical malpractice. That’s where our firm comes in.
Our birth injury lawyers have experience determining if medical malpractice or negligence resulted in a child’s cerebral palsy, and we can help you explore your options. The Jacksonville cerebral palsy lawyers at Freidin Brown, P.A. are here to offer their legal expertise and compassionate care to people going through difficult times, and we’d like to help you next. Call us now to speak with our team for a free consultation.
Cerebral Palsy Can Cause Pain and Difficulties for Children and Parents
Cerebral palsy is a neurological disorder where a person has difficulties controlling the movement of their muscles. Cerebral palsy is caused by damage to the parts of the brain that help control movement, and patients can have varying degrees of mobility and complications associated with cerebral palsy.
Cerebral palsy (CP) can develop before birth, during birth, or soon after birth, and someone’s negligence could have been the cause of the brain damage that caused your child’s cerebral palsy. Here are some examples of when a professional’s actions (or lack of actions) could have caused your child’s cerebral palsy:
- Maternal health issues: The health of the pregnant parent can greatly impact the health of a fetus. Infections in the mother can cause inflammation in the baby’s brain, which then could cause the child to be born with CP. Doctors who treated the mother could be negligent if they ignored signs of infection, failed to give the mother proper treatment, or started treatment too late, among other actions.
- Lack of oxygen during labor and delivery: If a doctor delays care or makes negligent choices, babies can be deprived of oxygen during this critical time, causing brain damage and other injuries.
- Brain bleeds and strokes: Brain bleeds and strokes can cause severe harm to children. Premature babies are at a higher risk for brain bleeds, while some brain bleeds occur during births when the doctor uses a vacuum or forceps on the child. Other children may suffer strokes during birth, sometimes caused by maternal health issues, others from issues like a lack of oxygen. Doctors, nurses, surgeons, and other medical professionals may fail to take proper precautions or treat mother and child to proper medical standards.
- Illnesses in children: Children can suffer from infections that cause swelling in the brain and spinal cord, increasing the risks for cerebral palsy and other conditions. Medical malpractice can occur if professionals negligently disregard symptoms, delay treatment, don’t order tests, or misdiagnose the illness, among other actions.
- Failure to recognize or account for risk factors: Doctors and other medical professionals should recognize risk factors for cerebral palsy and treat expectant parents and babies accordingly. Low baby weight, premature birth, a mother’s preeclampsia, intrauterine infections, and other illnesses and conditions are risk factors for a child developing cerebral palsy.
This is not a complete list of what issues lead to your child’s cerebral palsy malpractice case, so please call us to discuss the specifics of your case.
Our Jacksonville Lawyers Help Parents and Children Seek Compensation for Malpractice
At Freidin Brown, P.A., we have helped many birth injury patients in Jacksonville and throughout Florida. A child with cerebral palsy can live a very full and long life, but it can be hard to set them up for success and accommodate their needs when you are struggling with the consequences of professional negligence and malpractice.
While every case is different, some of the common types of damages we can pursue are as follows:
- Medical bills and expenses: Your immediate concern will often be the costs of medical care. You may have bills for various tests and brain imaging, physical and occupational therapy, speech therapy, surgical procedures, medication, and a host of other treatments for your child. Additionally, if medical malpractice also affected the birth parent, we will make sure to account for any of the medical expenses associated with their injuries.
- Specialized medical equipment and future care needs: Your family will likely have many long-term expenses to accommodate your child’s needs, and we will account for these, too. Whether your child needs assistive devices and equipment, home modifications, professional in-home caregivers, or needs to live in a care facility, we will request compensation for these essentials.
- Lost income: Not only are you staring down medical bills and worried about your child’s future, but you could be out of work to care for your little one. You may be struggling to make ends meet, and it isn’t fair that someone’s negligence has jeopardized your family, financial security, and future plans. We will make sure to seek compensation for all lost forms of income, as well as any lost earning potential you may face.
- Pain and suffering: Your family is going through a lot right now, emotionally and physically. You deserve compensation for any physical pain and emotional suffering.
Children with cerebral palsy can have such a wide spectrum of physical, emotional, and intellectual abilities and needs, so we tailor our approach to compensation based on every individual’s case. Let us help you seek these and any other applicable damages.
Cerebral Palsy Due to Medical Negligence? Let Us Help You Seek Justice in Jacksonville!
Questions for Our Jacksonville Cerebral Palsy Lawyers
Do I Need a Lawyer for a Birth Injury Case?
We highly recommend hiring a cerebral palsy lawyer to handle your case. Florida’s medical malpractice laws are incredibly complex and nuanced, and we do not suggest trying to fight this on your own.
Our Jacksonville malpractice attorneys have spent over 45 years helping birth injury victims like you, and we know the ins and outs of the laws and can keep up with any potential changes. We know what it takes to go up against doctors and hospitals, and what kinds of tactics they will use to reduce their liability and your payout.
Are There Any Deadlines for a Cerebral Palsy Case?
If you are seeking compensation through a medical malpractice lawsuit, you must file it by the two-year deadline established in Florida Statutes § 95.11 (4)(c). There is a statute of repose that can extend the window you have to file, and other exceptions to this deadline can apply based on the specifics of your case.
How Do I Know If I Have a Medical Malpractice Case?
Our lawyers must establish that your doctor or another medical professional was negligent. This is quite difficult because the threshold for proving liability in a medical malpractice case is quite high.
It requires us to prove that this party did not uphold the standard of care and acted negligently or carelessly, and that their actions resulted in your child’s injuries and subsequent losses.
Call Our Jacksonville Attorneys If Negligence Caused Your Child’s Cerebral Palsy
Don’t try to take on hospitals and their insurance companies alone. The Jacksonville cerebral palsy lawyers at Freidin Brown, P.A. are here to help you and your family through these difficult times.
Whether through negotiation or trial, we are dedicated to getting you the settlement or judgment you need. Please call us for a free consultation today to see how we can help.