Cerebral palsy is a permanent condition which affects the brain and central nervous system of an infant or a young child. Nadrich Accident Injury Lawyers handles cerebral palsy cases caused by negligence which occurred in the delivery process.
The most common causes of cerebral palsy are as follows:
- Certain infections which occur during pregnancy
- If during the delivery there was no timely treatment for umbilical cord tightening or in response to signs of fetal distress or from pressure on the umbilical cord due to the baby being stuck in the birth canal because of the baby’s size or the position of the baby’s body or head down the birth canal (a most common cause), or, the placenta being too early sheared or torn during the delivery process and/or occlusion or prolepses of the umbilical cord
- Complications of premature babies including abnormalities with blood pressure, circulation, heart, breathing, aspiration, temperature, jaundice, untreated seizures, etc.
- Mother’s untreated high blood pressure, diabetes, etc.
- Premature aging of the placenta during pregnancy resulting in the sudden separation of the placenta from the uterus wall
The bottom line in all cerebral palsy cases is the interference with the delivery of oxygen and nutrition to the fetus brain. When the pathway of oxygen and nutrition to the brain is blocked or impeded, the brain becomes injured.
Birth injury related brain damage will ultimately show up through delayed development, abnormal activity, seizures, bleeding in the brain, paralysis or lack of use of certain extremities such as arms or legs, flaccidity in the infant’s trunk and mental retardation. These are some of the signs of physical and mental functioning impairment in an infant who is brain damaged.
Every mother and father we speak to wants to know why their child’s birth injury occurred. Was it just an unfortunate event or was it through the negligence or medical malpractice of the nurses, hospital, or doctor who was involved in the delivery of the baby?
We have experts to determine what happened. We have the absolute best pediatric infant neonatologists (infant and pre-delivery medical doctors) who are our experts who can tell us and will tell you (at no cost to you) whether something was done wrong or something could have been avoided or not done during the delivery process.
Oftentimes, we will see a case where the cerebral palsy could have been prevented or was made worse because the actions by medical professionals was not timely. If you want to know if your infant’s cerebral palsy was caused by the delivery process, contact our offices and we will have our top notch experts review the prenatal, delivery and medical care records to understand what happened during the delivery process. We are very familiar with all the issues involved in a cerebral palsy birth delivery.
Nadrich Accident Injury Lawyers’s lawyers have represented cerebral palsy victims throughout California and in many states. We are proud to say that our lawyers have obtained recoveries on our cerebral palsy cases of many millions.
If we take your infant’s cerebral palsy case, we will calculate the costs of daily living, hired care, therapy, future equipment over the lifetime of your child due to the complications of cerebral palsy. We will include the costs of care until your child reaches the age of 21. That alone can amount to $100,000 to $200,000 a year depending on where you live.
Please contact our experienced cerebral palsy attorneys for a free, confidential consultation. We have several offices throughout California, but also handle cerebral palsy lawsuits nationwide. There is no upfront charge for our services. We only collect a fee if a recovery is made in your birth injury lawsuit.
In general, California birth injury cases must be filed on or before the child’s 8th birthday per CCP 340.5.
Nadrich Accident Injury Lawyers has handled numerous birth injury cases caused by medical negligence in the delivery process. Mistakes which we have been involved in include where doctors and hospitals improperly anticipate the child’s size during delivery resulting in a difficult delivery with too much force being applied to the infant during the birth process as a result. Other reasons injuries occurs to infants are as follows:
- Poor use of vacuum extractors or forceps
- Timely failure to respond to emergencies such as hemorrhaging
- Refusal or delay in ordering a C-section
- Placentia abruption
- Delayed C-section where all indications were for a C-cection to be done as soon as possible
- Difficulties in a breech delivery wherein the baby cannot move through the birth canal and is breeched
- Other delivery complications and lack of care immediately after birth
Our birth injury attorneys have handled many cerebral palsy, brain damage and temporary paralysis cases to completion. We have also successfully represented many infants who have been mentally retarded, epileptic, or autistic due to the loss of oxygen or severe bleeding within the skull during the birth process.
If a loved one has experienced a birth injury to an infant, please contact our cerebral palsy lawyers immediately. One of our experienced cerebral palsy lawyers will respond to you within 24 hours.
Should you require assistance with a childbirth injury, please contact us for an immediate free evaluation of your situation. We have dealt with many of these cases and can be an invaluable resource for information and more importantly assistance.
Cerebral Palsy Birth Injury Compensation
Cerebral palsy birth injury lawsuits are typically considered medical malpractice lawsuits. If your child developed cerebral palsy due to a birth injury, you may qualify for financial compensation for:
Medical Bills
Medical expenses will probably be the largest part of the compensation you’re eligible for. You may be compensated for the cost of immediate care. You may also be compensated for anticipated costs of treatment for life, assistive devices, medications and therapies. You may qualify for compensation for any past and future medical bills related to your child’s cerebral palsy.
Loss Of Earning Capacity
You may qualify for compensation for the potential earnings over a lifetime that your child might lose due to their cerebral palsy.
Non-Economic Damages
You may qualify for compensation for loss of enjoyment of life, emotional distress, pain and suffering, and other, similar kinds of harm.
Costs Of Life Care
You could be compensated for the costs associated with adaptations to your child’s lifestyle which are needed. This may include the costs of respite care, special education, home modifications for the sake of accessibility, and other support or assistance services.
Punitive Damages
These aren’t common. However, if a medical professional’s behavior is deemed particularly reckless or egregious, you may be awarded punitive damages to punish a medical provider and deter others from behaving similarly in the future.
Parents And Guardians’ Claims
Parents and guardians might have claims for emotional distress, as well as for lost wages because they had to take time off from work to take care of their child.
California Cerebral Palsy Lawyer
There is nothing more heart wrenching to a parent than to have a child who suffers from an incurable and devastating condition. It is even worse, when such a tragedy could have been avoided altogether.
What Is Cerebral Palsy?
Sometimes referred to simply as “CP,” cerebral palsy is not exactly a disease so much as it is an umbrella term which refers to a group of physically disabling disorders related to movement. CP occurs when certain motor centers in the brain are damaged either during pregnancy, during childbirth, or in the young child under 3 years. The term is derived from Latin, with “cerebral” referring to an area of the brain called the cerebrum, and “palsy” meaning paralysis. A patient suffering from CP may have movement, sensation, depth-perception and communication problems. In daily living such basic functions as walking, talking and eating can be difficult or impossible.
If you believe that you may have a cerebral palsy birth injury claim, contact an experienced cerebral palsy attorney at Nadrich Accident Injury Lawyers by calling us, texting us from this page or by completing the contact form on this page. A birth injury lawyer will provide you with a free case evaluation. We never collect a fee for our services, unless a recovery is made. Call today.
Cerebral Palsy Causes
It can be very difficult to prove negligence as a factor in cerebral palsy birth injuries. This is due in part to the fact that, despite great strides in brain medicine over the past several decades, much about the brain remains a mystery. Moreover, many other causes can be linked to CP, including low birth weight or premature birth causing underdevelopment of the brain, infections, genetic abnormalities, and complications during delivery.
In order to prove negligence in a cerebral palsy lawsuit, an experienced cerebral palsy lawyer will need to show that the actions/inaction of a medical professional before, during or after the birth directly led to the brain damage causing CP. Such brain damage generally occurs from one of several causes: trauma to the brain, a reduction in oxygen to the brain, or a reduction in blood supply to the brain.
Among the medical errors that can lead to cerebral palsy are:
- Staff failed to diagnose or treat an infection or other condition
- Staff failed to monitor the baby during delivery for signs of distress
- The baby was not monitored adequately during the various stages of pregnancy
- Doctors misused medical instruments during delivery, such as forceps or vacuum extractor, which caused head trauma
- Medical staff failed to adequately diagnose/treat post-delivery conditions, such as jaundice or meningitis
Each case is unique, and our birth injury lawyers will need to assess your potential medical malpractice lawsuit based on the available evidence. A cerebral palsy victim may be entitled to compensation for the following damages:
- Cost of medical treatment, physical and occupational therapy
- Cost of medical equipment
- Care in a group home
- Educational services, such as tutoring
California’s New Medical Malpractice Caps
From 1975 to 2022, California had a cap on non-economic damages in medical malpractice cases. That cap was $250,000. Non-economic damages are damages which do not have an objective value. Some damages, like medical bills, have objective values. Other damages, like pain and suffering, do not have objective values.
In November 2022, Governor Newsom signed AB-35, a bill which raised the non-economic damage cap.
As of 2023, the non-economic damage cap for those injured by medical malpractice is now $350,000. The damage cap for non-economic damages in wrongful death medical malpractice claims is now $500,000.
In addition, the damage cap for injury victims will go up by $40,000 every January 1, beginning in 2024, for a period of ten years, until it is $750,000. The damage cap for wrongful death cases will go up by $50,000 every January 1, beginning in 2024, for a period of ten years, until it is $1,000,000.
The damage cap in injury cases and wrongful death cases will also go up by two percent every January 1 to account for inflation beginning in 2034.
The bill also establishes new limits on the contingency fees that lawyers can charge in medical malpractice cases. The bill makes it so lawyers can charge a maximum of 25 percent in any settlement obtained before the filing of a civil complaint. The bill makes it so lawyers can charge a maximum of 33 percent in any settlement obtained after the filing of a civil complaint. Lawyers can file motions for larger contingency fees when a claim is arbitrated or tried in civil court, and courts will exercise discretion based on evidence when deciding to allow larger contingency fees.
Why Should I Hire A Cerebral Palsy Lawyer?
You can obtain many advantages by hiring a cerebral palsy birth injury lawyer. This is especially true when it comes to medical malpractice cases, which can be very complex. Some reasons why hiring an experienced birth injury attorney at Nadrich Accident Injury Lawyers can help you are:
Experience And Expertise
Our cerebral palsy lawyers have extensive experience and knowledge with these kinds of lawsuits. We understand all medical issues which are involved. We can interpret medical records correctly. We know how to show that your child’s birth injury is the result of medical negligence.
Valuating Claims
Our lawyers can accurately calculate all available damages, such as future medical expenses, how much life care needs will cost, any loss of earning potential, pain and suffering, etc.
Resources
Our experienced cerebral palsy lawyers have a network of economists, life care planners and medical experts who we work with. These resources help us build strong cases and provide accurate calculations of a birth injury’s lifetime cost.
Legal Process Navigation
The medical malpractice lawsuit filing process can be extremely complex. It involves numerous steps such as evidence gathering, witness interviews, filing legal documents, and, sometimes, going to trial. We can handle every one of these steps for you and navigate the legal system for you.
Negotiation And Litigation
If you receive a settlement offer, we can assess whether the settlement offer is fair. We can negotiate for you with the defendant’s insurance company or lawyers. If a fair settlement is not reached out of court, we can represent you in court.
No Out Of Pocket Or Upfront Costs
We are contingency fee lawyers. This means we will not charge you any fee until and unless we obtain financial compensation for you. The only fee we charge is a percentage of any financial recovery we make in your cerebral palsy case. We will never charge you an upfront fee. We will never charge you any money out of pocket.
In order to preserve your right to make a claim and ensure that full compensation is obtained, contact a birth injury attorney with a record of success in pursuing cerebral palsy claims. Contact Nadrich Accident Injury Lawyers today for a free consultation by calling us, texting us from this page or by completing the case evaluation form on this page.
