Boston Cerebral Palsy Attorneys
Birth injuries, like cerebral palsy, affect thousands of babies annually. Cerebral palsy, in particular, is a lifelong disorder that can drastically affect a child’s life, depending on the severity of their condition. Sadly, a number of children who develop cerebral palsy do so because of a medical practitioner’s reckless errors or behavior, something which could have been avoided if only the accountable party had acted more responsibly.
If your baby’s life has been changed due to cerebral palsy caused by a medical professional’s negligence, you might be due financial compensation from the medical practitioner who caused this disorder.
Why Do I Need a Lawyer?
We put our trust in doctors and nurses to care for us. Unfortunately, when they fail to provide adequate care, the consequences can last a lifetime. As parents, learning how to support a child with cerebral palsy is a long and challenging road. When a medical professional’s carelessness is to blame for your child’s condition, you deserve the support of a knowledgeable birth injury attorney.
An attorney will evaluate your case and help prove negligence. In most injury cases, the burden of proof is on the victim, meaning that you must show that the medical professional’s actions lead directly to injury and resulting damages. If you are serious about showing that your child’s injuries are the result of a negligent medical professional’s actions, you need an experienced attorney.
Bringing a medical malpractice lawsuit is a complicated pursuit with many moving parts, including investigating medical records, collecting evidence, and verifying costs. The negligent doctor or nurse who caused your child’s injury will not be facing the legal battle on their own, and neither should you.
Many families choose to hire a lawyer so that they can focus on tending to their child’s needs. Cerebral palsy is a condition that can impact your child’s health and well being for their entire life. While you focus on addressing your child’s needs, you will likely have little leftover time and energy to devote to your injury claim. Working with an attorney can allow you to focus on mentally and emotionally recovering with your child while knowing justice is being sought.
Why Should I Choose Crowe & Mulvey, LLP?
At Crowe & Mulvey, LLP, we have extensive experience in medical malpractice and personal injury law. Our team is dedicated to supporting you throughout the entire legal process. We have a large staff of attorneys, paralegals, nurses, and law clerks that pool their knowledge to ensure your case gets the best results. Our firm has also been recognized for our unique approach and outstanding care. We are included in The National Trial Lawyers: Top 100, and ranked among the Best Law Firms by U.S News. We have recovered over half a billion dollars for our clients and are deeply committed to upholding justice and providing quality representation for you and your child.
If your child has been diagnosed with cerebral palsy after being subjected to negligent medical care, you may be entitled to compensation. Our team will put our extensive legal and medical knowledge at your disposal to build a strong case on your behalf. We know that you may feel lost and confused after your child is diagnosed with cerebral palsy. We are here to help. Working with us can allow you to focus on the needs of your child while we handle your case and pursue justice.
While no amount of money can make up for the suffering, you and your child have endured. However, financial compensation is crucial to help deal with the medical bills and costs of your child’s care. We can help you avoid the financial burden and hold those responsible for your child’s suffering accountable.
Causes of Cerebral Palsy
According to the Center for Disease Control, 80-90% of brain damage injuries that result in cerebral palsy occur before or during childbirth. This condition is unfortunately quite common as 8,000-10,000 children are born with the cerebral palsy each year. There are three forms of cerebral palsy, including, spastic cerebral palsy, athetoid cerebral palsy, and ataxic cerebral palsy, each having their specific challenges.
There are two overarching classifications of cerebral palsy, congenital or acquired. Congenital means that the condition developed during or shortly after childbirth. Acquired means that the condition developed more than 28 days after birth. Factors that can lead to the development of congenital cerebral palsy include:
- Low birth weight
- Premature birth
- Multiple births (twins, triplets, etc.)
- Maternal infections while pregnant
- Maternal health conditions
- Birthing complications
- Jaundice or kernicterus
- Restricted airflow
Acquired cerebral palsy is considered to be a more rare form of the condition but can be caused by:
- Infections in infants
- Brain injuries
- Restricted blood flow
While cerebral palsy is common, statistics estimate that medical malpractice injuries account for 10-15% of all children born with the condition. If you believe negligent actions by doctors or nurses caused your child’s condition, you may be entitled to compensation.
Symptoms of Cerebral Palsy
You may not know immediately that your newborn baby is suffering from cerebral palsy, but this condition has particular symptoms that may become apparent later. For instance, if you note the following behaviors or conditions in your baby, he or she might have suffered an injury during birth that caused cerebral palsy:
- Weakness in muscles
- Strange movements
- Loss of movement in muscles
- Tight / inflexible muscles
- Lost coordination
- Paralysis on one side of the body
All of these conditions may be indicators that your baby is suffering from cerebral palsy, and if a negligent or reckless medical practitioner has caused this condition, then you should investigate your legal options for obtaining compensation and justice.
Types of Compensation
Having a child diagnosed with cerebral palsy will present unique challenges for your child and family moving forward. Medical care can be enormously expensive and become financially burdensome. If your child’s cerebral palsy diagnosis resulted from medical negligence before, during, or after their birth, you should not take on the financial responsibility for their care.
Full and fair compensation can ensure that your child receives quality medical care for the rest of their life without bringing financial hardship upon your family. Under Massachusetts law, the compensation you can receive for medical malpractice can be broken down into three categories.
Compensation of this type covers actual costs associated with the injury. There are no caps on this form of compensation, but there must be proof of expense, so keeping track of medical bills is essential. Costs that can be covered by these damages may include:
- Medical bills
- Physical therapy
- In-home care
- Medical equipment
- Increased living expenses
- Ambulance services
Laws cap non-economic damages at $500,000 under Massachusetts law. However, in some extreme circumstances, the court may waive the cap. Non-economic damages include intangible costs incurred, including:
- Pain and suffering
- Disability or Disfigurement
- Loss of “enjoyment of life.”
This form of damages is intended to punish and deter actions. Punitive damages are rarely awarded but might apply if a medical professional is found to have been willful in their misconduct.
In Massachusetts, you have up to three years after learning of an injury to file a lawsuit for medical malpractice. Although some exceptions apply, you should speak to an attorney as soon as possible if you think negligence is to blame for your child’s cerebral palsy.
We believe in helping families who have suffered from a doctor or other medical professional’s negligence pursue legal action to get the justice and financial restitution they need.
To learn how to hold a negligent medical practitioner responsible for his or her behavior that caused your baby’s cerebral palsy, contact the experienced Boston cerebral palsy lawyers of Crowe & Mulvey, LLP, today at (617) 404-3417.