A mother works lovingly with her son on cerebral palsy therapy.
Cerebral palsy profoundly alters the lives of those affected and their loved ones.
March 26, 2024
April 7, 2024

Can You Sue For Cerebral Palsy?

Cerebral palsy can sometimes occur due to complications during pregnancy, labor, or delivery. If medical professionals fail to provide a standard level of care, resulting in harm to the baby, legal action may be pursued.

As personal injury lawyers experienced in medical malpractice and birth-related injuries, we understand the complexities and emotional challenges associated with cerebral palsy. 

In this article, we'll delve into the legal landscape surrounding cerebral palsy cases, exploring the potential grounds for legal action against medical professionals. Our aim is to provide clarity and support for individuals seeking recourse for the harm caused by medical negligence.

While every case is unique, and legal outcomes depend on various factors, our team is committed to guiding you through this challenging process. We recognize the importance of understanding your rights and options during this difficult time, and we're here to offer guidance and advocacy every step of the way.

Whether you're a parent seeking answers about your child's cerebral palsy or an individual living with the condition wondering if medical negligence played a role, we're here to help. Contact Pierce Skrabanek at (832) 690-7000 to explore your options for securing the compensation you deserve.

Can You Sue a Doctor or Hospital For Cerebral Palsy?

It may be possible to sue a doctor or hospital for cerebral palsy if there is evidence to suggest that medical malpractice or negligence contributed to the development of the condition. 

Medical malpractice cases involving cerebral palsy typically focus on whether the healthcare provider breached their duty of care, leading to preventable injury or harm to the child. 

When Can You Sue a Doctor for Cerebral Palsy?

You may be able to sue a doctor for cerebral palsy when their actions or negligence during pregnancy, labor, or delivery contributed to the development of the condition. Medical malpractice cases involving cerebral palsy typically revolve around whether the healthcare provider failed to provide a standard level of care, leading to harm to the baby.

Here are some common scenarios where you may have grounds to sue a doctor for cerebral palsy:

  • Failure to monitor and respond to signs of fetal distress during labor and delivery, including complications such as umbilical cord entanglement or placental abruption
  • Delayed or improper delivery techniques, such as failing to perform a timely cesarean section
  • Misuse of birthing tools, like forceps or vacuum extractors, resulting in injury to the baby's brain
  • Failure to diagnose or properly manage infections during pregnancy that can lead to cerebral palsy
  • Negligent administration of medications or anesthesia to the mother that cause harm to the fetus

Your attorney must gather evidence to support your claim. This may include medical records, expert testimony, and documentation of the child's condition and the circumstances surrounding their birth. 

When Can You Sue a Hospital for Cerebral Palsy?

It may be possible to sue a hospital for cerebral palsy if the hospital's actions or negligence contributed to the development of the condition. Hospitals can be held liable for medical malpractice if they failed to provide a reasonable standard of care, resulting in harm to the baby during pregnancy, labor, or delivery.

Here are some situations where you may have grounds to sue a hospital for cerebral palsy:

  • Inadequate staffing levels or supervision of medical personnel during labor and delivery, leading to delays or errors in care.
  • Failure to maintain proper protocols for monitoring fetal well-being during labor, such as fetal heart rate monitoring.
  • Deficient policies or procedures for responding to emergencies during childbirth, such as delays in performing a necessary cesarean section.
  • Negligent hiring, training, or supervision of healthcare providers who were involved in the care of the mother and baby during labor and delivery.
  • Failure to ensure the proper maintenance and functioning of medical equipment used during childbirth, such as birthing tools or monitoring devices.

Consulting with a qualified attorney who is experienced in medical malpractice law can help you determine if you have a viable case and guide you through the legal process.

It's important to note that medical malpractice cases can be complex and challenging to prove. Our lawyers can work with you to review the details of your case, gather evidence, and advocate on behalf of the injured party to seek justice and fair compensation.

The verdicts and settlements obtained by attorneys at Pierce Skrabanek include substantial payments for medical malpractice, hospital negligence, and brain injury. Contact our lawyers at (832) 690-7000 for a free, confidential, and compassionate consultation about your rights and options for legal action.

Cerebral Palsy Compensation: What Do Cerebral Palsy Lawsuit Settlements Cover?

Cerebral palsy lawsuits and settlements typically aim to provide compensation for the losses and expenses associated with the condition. Cerebral palsy is often caused by birth injuries or medical malpractice. 

Families may pursue legal action to seek compensation for the following:

  • Medical Expenses: This includes past, current, and future medical bills related to the treatment of cerebral palsy. This can encompass doctor visits, hospital stays, surgeries, medications, and therapy (physical, occupational, and speech therapy). It may also cover assistive devices (wheelchairs, braces, communication aids), and any other medical necessities.
  • Rehabilitation Costs: Individuals with cerebral palsy often require ongoing therapy and rehabilitation to improve their quality of life and maximize their independence. Settlements may cover the costs associated with these therapies.
  • Lost Wages: If the individual with cerebral palsy is unable to work due to their condition, or if a parent needs to stay home to care for them, compensation may be provided for lost wages or loss of earning capacity.
  • Pain and Suffering: Compensation may be awarded for the physical pain and emotional suffering endured by the individual with cerebral palsy and their family. This can include the pain and discomfort associated with the condition itself, as well as the emotional distress and limitations it imposes on daily life.
  • Future Care Costs and Accessibility Needs: Settlements may account for the future costs of caregiving, accommodations, and other needs that arise as the individual with cerebral palsy grows older. This includes specialized equipment and modifications to homes to enhance accessibility and safety.

It's important to note that the specifics of each settlement can vary widely depending on factors such as the severity of the cerebral palsy, the circumstances surrounding its cause, and the strength of the evidence presented. 

When you hire an attorney from Pierce Skrabanek, we handle the investigation and paperwork aspects of your case. This allows you to move forward with your life and stay focused on your family, while we pursue justice on your behalf.

Contact Cerebral Palsy Injury Attorneys

Cerebral palsy can be a devastating condition that affects individuals and families for a lifetime. When cerebral palsy is caused by medical malpractice or negligence, it is possible to pursue legal action against the responsible healthcare provider or institution. 

Medical malpractice cases involving cerebral palsy require careful investigation, expert testimony, and legal experience to prove liability and seek compensation for damages. This is work for your attorney to do while you prioritize your family’s needs at home.

Through a successful lawsuit, individuals and families affected by cerebral palsy may be able to obtain compensation for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other costs. Seeking the guidance of a qualified attorney experienced in medical malpractice law is crucial for individuals considering legal action. 

Our lawyers at Pierce Skrabanek can provide valuable support and advocacy throughout the legal process. This helps ensure that the rights of the injured party are protected and that they have the best possible chance of obtaining fair compensation for their losses. 

Contact us at (832) 690-7000 right away — by pursuing accountability for medical negligence, you may be able to secure justice for your family, and also help to prevent future negligence from harming others.

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