When to File a Medical Malpractice Claim for a Child’s Cerebral Palsy

March 8, 2023by LegalASAP

If you suspect your child’s cerebral palsy has been a result of negligence by a nurse midwife or obstetrician, you may have grounds to pursue a medical malpractice claim. This blog will guide you on the legal rights of a cerebral palsy compensation claim, and how a medical malpractice attorney can work to recoup costs for your child’s medical and home care.

What is cerebral palsy?

Cerebral palsy is the most common motor disability in childhood that affects a child’s ability to move and maintain balance and posture. It’s caused by brain damage or abnormal development of a baby’s brain during its development, delivery, or postnatal period. 

The signs of cerebral palsy vary greatly because there are many different types and levels of disability. The main indication that a child might have cerebral palsy is a delay reaching motor or movement milestones (such as rolling over, sitting, standing, or walking). Some other signs and symptoms include delays in speech development, swallowing problems, learning difficulties, intellectual disabilities, epilepsy, vision problems, and mental-health conditions.

How to know if cerebral palsy is a result of medical malpractice

Cerebral palsy can be the result of medical errors or neglect that occurred before, during, or shortly after the birthing process. Below are some of the common instances of medical negligence that parents can look out for:

  • Failure to identify and manage maternity infections
  • Negligent baby monitoring during labor
  • Failure to schedule or perform a necessary C-section
  • Failure to detect fetal distress, such as hypoxia (lack of oxygen)
  • Improper neonatal care
  • Failure to detect and manage umbilical cord prolapse
  • Improper use of forceps, vacuum extractors, and other delivery tools
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How to prove a cerebral palsy medical malpractice claim

You can file a cerebral palsy medical malpractice lawsuit against an individual physician or the hospital as a whole. For a successful claim, you must prove:

  • medical professional or physician breached the standard of care;
  • negligence caused brain injury and cerebral palsy;
  • the injury resulted in significant damage to the child’s health; and
  • the injury caused you financial hardship (cost of medical bills, lost salary or earning potential, or emotional costs)

Speak to a medical malpractice attorney

If you suspect  your hospital or medical professional failed to provide the standard of care and your child’s medical condition was preventable, you may have the right to pursue a lawsuit. If you’re wondering “How do I file a medical malpractice claim?” contact LegalASAP now. We’ll connect you with a trustworthy attorney for medical malpractice who can advise on your case. They can let you spot the exact cause of the medical condition and evaluate if your claim meets all the elements of medical negligence. 

When filing cerebral palsy claims, it’s important to note the statute of limitations—the time you have to submit your claim since your child was diagnosed with cerebral palsy—varies according to state laws. Expert legal representation will help you understand your rights and speed up the claim-filing process.

Get in touch with us today for a free evaluation. Our network of expert lawyers can analyze the details of your case to determine whether you’re eligible to file a cerebral palsy negligence claim. We can help you review medical records, arrange for evidence, and calculate damages so  you get the maximum compensation for your economic losses, pain, and suffering.  



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© LegalASAP.com, Inc. All rights reserved.