In cases where a doctor causes a birth injury resulting in cerebral palsy, a family may be entitled to file a lawsuit and attempt to recover compensation for their child’s distress with the help of a professional injury attorney. If your child developed cerebral palsy, consider discussing your case with a Palm Beach Gardens cerebral palsy birth injury lawyer. Experienced attorneys could diligently investigate cerebral palsy cases to determine whether a doctor, hospital or other medical staff should be held liable for a child’s injuries.

How Cerebral Palsy Affects Children and Families

Cerebral palsy is not a single condition. Rather, it is a group of disorders that affect someone’s ability to move and maintain balance. Cerebral palsy can be caused by either abnormal brain development or by damage to the developing brain before birth, during birth, or immediately after birth. When a child has developed cerebral palsy because of a birth injury, it is important to explore whether the doctor and birthing team contributed to or caused the injury. In almost every case, children with cerebral palsy will have difficulty moving some part or all of their body. Children with cerebral palsy also may have developmental delays and problems speaking and swallowing.

Many children with cerebral palsy will need regular medical care and rehabilitation.  Each case of cerebral palsy will present children, families, and treating doctors with unique challenges, and there is no one universal treatment for cerebral palsy. As a group of conditions, cerebral palsy generally falls into one of the following categories: spastic, dyskinetic, ataxic, or mixed.

  • Spastic Cerebral Palsy – This type of cerebral palsy affects approximately 80% of patients. Spastic cerebral palsy is characterized by jerky movements, muscle tightness, and joint stiffness.
  • Dyskinetic Cerebral Palsy – Dyskinetic cerebral palsy is characterized by problems controlling movements of the arms, hands, legs, and feet. Movements are often involuntary, difficult, and unpredictable.
  • Ataxic Cerebral Palsy – This form of cerebral palsy often manifests in children having problems with balance and coordination. Children with ataxic cerebral palsy often experience tremors and have difficulty speaking.
  • Mixed Cerebral Palsy – In some cases, a child may demonstrate characteristics of multiple types of cerebral palsy, the most common type of mixed cerebral palsy is spastic-dyskinetic cerebral palsy.

When to File a Lawsuit

Because each case of cerebral palsy is unique, it is important to understand when a case of cerebral palsy may qualify as medical malpractice. Doctors are expected to provide mothers and babies with a certain level of care. Florida Statute Section 766.102 (1) provides that doctors are expected to deliver that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

In a case where a child developed cerebral palsy because of a birth injury, their family will need to demonstrate that the doctor breached this standard of care, and that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention, as stated by Fl.Sta. 766.102(2)(a). An experienced injury attorney can be a valuable asset in helping to prove these circumstances.

Speak with a Palm Beach Gardens Cerebral Palsy Birth Injury Lawyer

A Palm Beach Gardens cerebral palsy birth injury lawyer is available to help children and families affected by cerebral palsy due to medical malpractice. A cerebral palsy attorney may be able to recover compensation to help families cope with the lifelong difficulties associated with the condition. Because each case is complex and unique to a child, it is important to work with a professional Palm Beach Gardens cerebral palsy birth injury lawyer who understands the medical and legal complexities behind cerebral palsy. Schedule a consultation today to learn more about your options.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260