A Parent's Guide to Cerebral Palsy Cases

Cerebral palsy (CP) is a neurological disorder that affects movement, posture, and coordination. It is caused by damage to the brain before, during, or shortly after birth. Cerebral palsy is often the result of medical negligence, and when this is the case, families may have legal options. In this article, we'll discuss what cerebral palsy is, how it can be caused by medical negligence, and what legal options parents have if their child has been diagnosed with cerebral palsy.

Understanding Cerebral Palsy

Cerebral palsy is a lifelong condition that affects about 1 in 323 children in the United States. It can cause a wide range of physical disabilities, including difficulty with walking, sitting, and standing, as well as seizures, cognitive impairments, and vision and hearing problems. The severity of cerebral palsy varies widely, from mild to severe.

Cerebral palsy is typically diagnosed in early childhood, and treatment often involves a team of healthcare professionals, including doctors, physical therapists, occupational therapists, and speech therapists. The goal of treatment is to improve the person's ability to function and to minimize the impact of symptoms on their daily life. This may include physical therapy to improve movement and coordination, medications to reduce muscle stiffness and spasticity, and assistive devices such as braces or wheelchairs.

Causes of Cerebral Palsy

Cerebral palsy is caused by damage to the developing brain, often during pregnancy, childbirth, or shortly after birth. This damage can be caused by a variety of factors, including infections, trauma, lack of oxygen, and other medical complications. In some cases, cerebral palsy is the result of medical negligence, such as a failure to properly monitor the fetal heart rate or a delayed C-section.

Legal Options for Families

If a child's cerebral palsy was caused by medical negligence, the family may have legal options. These options may include filing a medical malpractice lawsuit or pursuing a settlement through alternative dispute resolution methods, such as mediation or arbitration.

Families with children who have cerebral palsy can also apply for social security disability benefits. Benefits are provided through Social Security Disability Insurance (SSDI) to disabled people who have worked and paid into the Social Security system. Disabled people with low incomes and resources might get payments from Supplemental Security Income (SSI). Families must submit medical records and other supporting paperwork in order to be considered for these benefits.

Medical Malpractice Lawsuits

To file a medical malpractice lawsuit, families must prove that the healthcare provider or facility was negligent and that this negligence caused the child's cerebral palsy. This can be a complex and challenging process, requiring the expertise of an experienced medical malpractice attorney. Attorneys will need to review medical records and consult with medical experts to build a strong case.

Alternative Dispute Resolution Methods

Some families may prefer to pursue alternative dispute resolution methods instead of a medical malpractice lawsuit. These methods can be faster and less expensive than a lawsuit, and they can also be less stressful for families. Mediation and arbitration are two common alternative dispute resolution methods.

In mediation, a neutral third party helps the parties negotiate a settlement. In arbitration, a neutral third party hears evidence and makes a decision.

Contact Us for Help

Cerebral palsy is a lifelong condition that can be caused by medical negligence. If your child has been diagnosed with cerebral palsy and you believe it was caused by medical negligence, it's important to explore your legal options. These may include filing a medical malpractice lawsuit or pursuing a settlement through alternative dispute resolution methods.

Call the BIL Group to discuss the best course of action for your family.