How Do You Prove That a Birth Injury Caused Cerebral Palsy
Cerebral palsy is usually a lifelong condition and often results from a birth injury caused by medical malpractice. Parents of children who suffer birth injuries can seek justice for their children if they can demonstrate that a birth injury indeed caused their child’s cerebral palsy. But how do you prove that a birth injury caused cerebral palsy?
If you suspect that a birth injury is responsible for your child’s cerebral palsy, you must hire an experienced birth injury attorney to help you prove your suspicions. If a medical professional is liable, your attorney can seek valuable compensation for your child’s condition. Although nothing can erase the past, a compensation payment can go a long way in helping your family prepare for the future.
For a free consultation with a cerebral palsy attorney who cares, contact Wapner Newman. You deserve compensation for the medical errors that have harmed your child. Call (215) 569-0900 to speak with an attorney today.
Why Choose Wapner Newman?
Experience + Reputation
At Wapner Newman, we have a reputation for excellence in client satisfaction. We leave no stone unturned in our quest for maximum compensation and vigorously represent our clients at every stage of the claims process.
When you choose our firm to fight for you, you get a firm with:
- Award-winning lawyers who care
- A track record of multiple millions of dollars in settlements and verdicts
- The experience to represent you at trial if necessary
- 24/7 attorney availability for clients
- Free initial consultations and case reviews.
We understand the difficulties that cerebral palsy brings and want nothing more than to get you the resources you need to weather the future. You can trust our team to fight hard to get you some measure of relief through maximum compensation.
How We Can Help
We Do All the Work While You Focus on Your Family
When it comes to fighting for compensation, the lawyers at Wapner Newman take care of everything, giving our clients the time and space, they need to heal. Some of the many tasks we handle for you during the compensation process are:
- Investigating the incident and gathering evidence
- Obtaining a certificate of merit from a medical expert
- Building a strong case for compensation
- Meeting with medical and financial experts to determine the child’s future needs
- Negotiating with insurance companies for the compensation you deserve.
Cerebral palsy is a devastating condition that takes a lot out of the child as well as the family. Adjusting to cerebral palsy is difficult, and you do not need the stress that accompanies claims for compensation. That’s what we’re here for.
Don’t try to handle a cerebral palsy medical malpractice case on your own. Contact the lawyers at Wapner Newman for representation and learn how we can help. Call (215) 569-0900 for a free consultation today.
How Do You Prove Birth Injury Caused Cerebral Palsy?
If your child is suffering cerebral palsy caused by a birth injury, you likely have a viable claim for compensation. But first, you must prove birth injury caused the cerebral palsy.
Holding Health Care Professionals Accountable
Birth injury is one of the main causes of cerebral palsy. But how do you prove that a birth injury caused cerebral palsy? By conducting a thorough investigation using medical experts.
When filing a medical malpractice case, it is never enough to simply allege medical negligence. There must also be a certificate of merit from a qualified medical professional stating that a reasonable probability exists that medical negligence has occurred. To come to this conclusion, a medical professional must examine the facts of the case, including the actions of the health care professionals involved, to determine whether their conduct fell below accepted standards of care.
Negligent Actions Leading to Cerebral Palsy
Health care professionals have an enormous responsibility during childbirth. Because children and birthing mothers are so vulnerable and fragile before, during, and after labor, these professionals must maintain a high level of care throughout the delivery process. Unfortunately, not all of them do so, and the result can be cerebral palsy caused by birth injury.
Some of the negligent actions that lead to cerebral palsy are:
- Negligent prenatal care
- Failure to diagnose maternal infections
- Failure to diagnose meningitis or other conditions
- Failure to properly monitor the baby’s condition during labor
- Failure to notice fetal or maternal distress or take action
- Allowing the labor to go on too long
- Negligent administration of drugs leading to oxygen deprivation
- Anesthesia errors
- Negligence leading to blunt-force trauma to the baby’s skull
- Negligent use of delivery equipment such as forceps and vacuums.
The above-listed actions are but a few of the many instances when medical negligence can lead to cerebral palsy caused by birth injury.
Who Can Be Held Liable for My Child’s Cerebral Palsy?
The birthing process is usually an involved procedure with numerous health care professionals working in concert to safely deliver a baby. At any point during the delivery, the baby, who is extremely vulnerable, may become injured and develop cerebral palsy. How the injury occurs depends on which medical professional was involved.
Some of the many health care workers that may be responsible for a child’s suffering from cerebral palsy include:
- Midwife
- Doula
- Nurse
- Doctor
- Physician assistant
- Anesthesiologist
- Lab tech
- Testing tech.
In some cases, an equipment manufacturer may be to blame. For example, if a faulty piece of equipment caused the birth injury leading to cerebral palsy, the manufacturer of that equipment could face a product liability claim.
Additionally, the hospital or birthing center where the injury took place may also be held to pay if the person who was negligent was an employee of the hospital or birthing center. Under the doctrine of respondent superior (vicarious liability), an employer may be held to answer for the negligent actions of its employees.
When you hire a birth injury attorney to represent you, you can expect them to immediately seek to identify the parties who caused the injury. By consulting with the appropriate medical experts, your lawyer will flush out all of the liable parties and hold them accountable for cerebral palsy caused by medical errors.
Timing Considerations and Cerebral Palsy Cases
Timing considerations surrounding cerebral palsy and other medical malpractice cases make it of utmost importance that you take swift legal action for compensation. Failure to initiate legal proceedings within a certain time window leads to a weaker case as well as possible case dismissal.
Statute of Limitations
The statute of limitations is the window of time during which a person may take legal action against another party. Once the window of time is closed on a case, the claim for compensation is no longer valid.
In Pennsylvania, this window of time is two years from the date of the injury. However, a couple of exceptions exist. The first deals with the discovery of the injury. In some cases, an injury is not recognized at the time it takes place. Months or years may pass before the injury is discovered, in which case the two-year clock will not start ticking until the date a reasonable person would have discovered the injury.
The other exception deals with minors. A minor who experiences a birth injury has until their 20th birthday to take legal action, because the statute of limitations does not begin running until the minor turns 18.
Frequently Asked Questions
Please read the following Q&A for answers to some common questions and call us anytime with further questions you might have.
How Much Do Birth Injury Attorneys Charge?
Our birth injury attorneys charge a contingency fee based on the compensation they recover for you. If they recover zero, you pay zero.
How Long Will It Take to Resolve My Birth Injury Claim?
It depends. Some cases take a few months, while others may take a year or more to resolve.
How Much Compensation Do Cerebral Palsy Claims Typically Receive?
It depends on the case and the losses. Compensation includes payments for compensable losses, including:
- Medical bills
- Lost future income and earning ability
- Mental and physical pain and suffering
- Diminished life expectancy and quality of life.
You may also be entitled to punitive damages if the injury resulted from extremely reckless or willful actions.
Will My Case Go to Trial?
Likely not. Most birth injury cases are settled out of court. However, if your case does need a trial, you can expect our attorneys to fight for you before a judge and jury.
Is There an Awards Cap on Medical Malpractice Damages?
There is no cap on medical malpractice compensatory damages. However, there is a cap for punitive damages, which is three times the amount of compensatory damages.
Call our office at any time for more answers to your questions.
Speak with a Cerebral Palsy Birth Injury Lawyer Today
We Are Ready to Help You Get Justice
Cerebral palsy is often a terrible result of labor and delivery, and negligent medical professionals should have to pay for their lack of care. At Wapner Newman, we fight hard to ensure that our clients receive the compensation they deserve.
If your child now has cerebral palsy caused by medical errors committed by a health care provider, contact us today for a free consultation. An experienced birth injury attorney from our team is ready to help you take the next steps toward justice for your child. Call (215) 569-0900 today.