Hemiplegia refers to a condition characterized by paralysis ("plegia") or complete loss of motor function on one half ("hemi") of the body. This condition is often the result of damage to the areas of the brain that control muscle movements (cerebral hemisphere), frequently occurring due to traumatic brain injury during childbirth.
Loss of function stemming from a birth injury on one side of the brain can cause paralysis on the opposite side of the body. For example, if the left side of a child's brain is damaged during birth, the paralysis will affect the right side of the child's body.
A birth injury to one side of the brain can cause a child's muscles to become completely limp, resulting in a loss of strength and control. Alternatively, it can cause spastic hemiplegia, a type of paralysis in which the muscles tighten and contract uncontrollably.
Hemiplegia is a relatively common condition in children that suffer a birth injury, particularly those with cerebral palsy. It is estimated that approximately 33-39% of children with cerebral palsy are diagnosed with hemiplegic cerebral palsy. Children with hemiplegia may require a range of ongoing medical treatments and therapies to improve motor skills and quality of life.
If your child has been diagnosed with hemiplegia due to a preventable birth injury, an experienced birth injury malpractice attorney can pursue justice and secure the compensation your family needs to provide the necessary care and support for your child's future.
At Miller Weisbrod Olesky, our skilled team of birth injury lawyers recognizes the profound emotional and financial impact that hemiplegia can have on your child and family. We offer complimentary case reviews to all prospective clients, during which we will carefully evaluate the details of your case and provide expert guidance tailored to your unique situation. We have a history of results in birth injury lawsuits across the United States.
Recent Birth Injury Settlement:
Birth Injury settlement against a Hospital area hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event resulting in seizures, and severe brain damage. Our national birth injury lawyers recovered $9,200,000 for the family to help with future medical expenses and developmental therapy.
There are several types of hemiplegia, each caused by types of neurological damage affecting the brain or spinal cord. Every kind of hemiplegia involves paralysis or weakness on one side of the body, but the specific location of the brain injury ultimately influences the severity of symptoms, and which parts of the body are affected.
The following are the four different types of hemiplegia:
Those affected by facial hemiplegia may experience muscle weakness or complete paralysis on one side of their face. This form of hemiplegia may also occur alongside complete/incomplete hemiplegia in other areas of the body.
Facial hemiplegia in birth injury is often caused by neurological conditions such as neonatal stroke such as from birth trauma, which disrupts blood flow to the brain and affects facial muscle control. In some cases, facial hemiplegia/palsy may resolve once the stroke is treated and normal blood flow to the brain is restored.
Cerebral Hemiplegia
This type of hemiplegia occurs when a brain lesion interrupts blood flow to the brain. Often associated with cerebral palsy or other neurological conditions, cerebral hemiplegia typically results in weakness or paralysis on one side of the body.
Damage to the brain caused by cerebral hemiplegia during or shortly after birth typically affects the area responsible for controlling motor functions, leading to a range of symptoms such as difficulty with movement, muscle control, and coordination. Cerebral hemiplegia can vary in severity, with some individuals experiencing only mild weakness and others facing more significant limitations, including muscle spasms or complete paralysis.
Spastic hemiplegia is a form of hemiplegia characterized by both paralysis and spastic movements on the affected side. The term "spastic" refers to the spasticity, or the involuntary stiffness, that individuals with this condition experience. It is most commonly associated with In spastic hemiplegia, weakness or paralysis affects the side of the body opposite to the hemisphere of the brain that was injured.
This type of hemiplegia is the most prevalent form of cerebral palsy, with the arm usually being more affected than the leg. Individuals with spastic hemiplegia often exhibit stiff, rigid movements, whereas those with flaccid hemiplegia experience weakness and loose, floppy muscles. Spastic hemiplegia can lead to chronic muscle pain, limb deformities in severe cases, and difficulty with walking or maintaining motor control. The severity and duration of symptoms can vary significantly from one individual to another.
Spinal Hemiplegia
Spinal hemiplegia, also known as Brown-Sequard Syndrome, is a relatively rare condition caused by an injury usually above the C6 portion of the spinal column. This condition occurs when damage to one side of the spinal cord results in paralysis on the same side (ipsilateral) as the injury while also causing a loss of pain and temperature sensation on the opposite side (contralateral) of the body. In spinal cord injuries, right hemiplegia refers to paralysis on the right side of the body due to damage on the right side of the spinal cord, while left hemiplegia involves paralysis on the left side following injury to the left side of the spinal cord.
In most cases, spinal hemiplegia results from an incomplete spinal cord injury (SCI) rather than a complete SCI. While an incomplete SCI leads to paralysis on one side of the body, a complete SCI occurs when the spinal cord is completely severed, usually resulting in total paralysis on both sides of the body below the injury site. For parents and caregivers of those affected, understanding the different types of hemiplegia is essential for effectively managing their child's condition. Working closely with healthcare providers is key to developing an individualized treatment plan that addresses the child's specific needs.
A skilled birth injury attorney can assist families of children living with hemiplegia in investigating the circumstances surrounding the birth to determine if medical malpractice or negligence contributed to the child's condition. If evidence supports that the hemiplegia was caused by preventable birth complications or inadequate care, can help build a strong case for compensation.
Common Causes of Hemiplegia
Hemiplegia results from an injury or abnormality in the brain or spinal cord that disrupts motor function. With hemiplegia, paralysis occurs on either the right (right hemiplegia) or left (left hemiplegia) side of the body. Depending on the location and severity of the injury, hemiplegia can be temporary or permanent.
If the injury occurs on the right side of the brain, the left side of the body will be affected. Conversely, an injury to the left side of the brain will impact the right side of the body. There are numerous causes of hemiplegia in children. However, many are linked to events around birth.
Here are the most common causes of hemiplegia:
Vascular Conditions
The most common cause of hemiplegia involves vascular conditions that affect blood flow to the brain. Strokes, aneurysms, and cerebral hemorrhages can all result in brain damage that leads to hemiplegia. A stroke, for example, disrupts blood flow to specific areas of the brain. This interruption can lead to cell death and permanent damage to the affected area. A stroke can occur due to birth trauma and other birth injuries at or shortly after birth.
Depending on the location of the birth injury in the brain, this damage can result in paralysis or weakness on the opposite side of the body. In many cases, neonatal strokes are preventable. However, medical errors such as failure to monitor signs of fetal distress can lead to increased risks of stroke during delivery.
Traumatic brain injuries, often resulting from delivery-related complications, are also a significant cause of hemiplegia. Cerebral lacerations (deep cuts within brain tissue), spinal cord lacerations (i.e., Brown-Séquard syndrome), and subdural hematomas can all lead to brain damage and the development of hemiplegia.
These injuries are often a result of excessive force or improper techniques used during the delivery process. For instance, the misuse of tools like forceps or vacuum extractors can exert undue pressure on a newborn's head or neck, leading to cerebral lacerations or spinal cord injuries.
Medical professionals are trained to recognize signs of fetal distress and birth complications that might necessitate alternative delivery methods, such as an emergency C-section. Additionally, if the decision to continue with a vaginal delivery is made despite signs of distress or complications, serious birth injuries can occur medical professionals may be held responsible for the resulting harm.
Infections
Infections affecting the nervous system can lead to hemiplegia by causing inflammation or damage to brain tissue. Several types of infections can contribute to this condition, including encephalitis, meningitis, and brain abscesses. Encephalitis, for example, is an inflammation of the brain often caused by viral infections such as herpes simplex virus or arboviruses. This condition can lead to widespread damage in the brain, impairing motor functions and potentially result in hemiplegia if the areas of the brain responsible for movement are affected.
Delays in diagnosing encephalitis, meningitis, or brain abscesses, or failing to recognize early signs of infection, can allow these conditions to progress. In addition to infections, demyelinating diseases of the central nervous system, such as multiple sclerosis (MS), can also cause hemiplegia.
Multiple Sclerosis involves the immune system attacking the protective covering of nerve fibers, known as myelin, which disrupts communication between the brain and the body. This disruption can cause weakness, loss of motor control, and other neurological symptoms, with hemiplegia being a possible outcome when the condition affects certain regions of the brain.
Birth Trauma and Negligence
The misuse of delivery tools, such as forceps or vacuum extractors, is one of the most common causes of birth-related brain injuries leading to hemiplegia. These tools are often used to assist in difficult deliveries by helping to pull the baby out of the birth canal. However, when used improperly or with excessive force, they can cause injuries to the baby's head, neck, or spinal cord.
When a baby is deprived of sufficient oxygen, it can also lead to brain damage that affects motor functions. This deprivation can occur if the umbilical cord becomes wrapped around the baby's neck, if the placenta detaches prematurely, or if labor complications result in a delayed delivery.
Premature infants have underdeveloped brains and organs, making them particularly vulnerable to conditions like intraventricular hemorrhage (IVH), a form of brain bleeding that can cause permanent neurological damage. Medical errors such as inadequate monitoring for infections like chorioamnionitis and failure to address complications like preeclampsia can significantly increase the risk of premature birth.
Another potential cause of hemiplegia arises when the misuse of labor-inducing medications, like Pitocin, results in contractions that are too strong or too frequent. These intense contractions can disrupt the flow of oxygen to the baby, increasing the risk of hypoxic-ischemic encephalopathy (HIE).
When healthcare providers fail to adhere to the appropriate standards of care, they may be held accountable for birth injuries resulting from their negligence. In such cases, families of children affected by birth-related brain injuries can seek compensation for a wide range of damages. This compensation can cover medical expenses for ongoing care, therapies, treatments, special education costs, and future care needs. A birth injury attorney can assist in gathering the necessary evidence, consulting with medical professionals, and building a strong case to demonstrate how negligence contributed to the injury.
Signs and Symptoms of Hemiplegia in Children
Hemiplegia can manifest in various ways, with symptoms ranging from mild weakness to complete paralysis. Symptoms may present early in infancy or develop over time, often involving motor difficulties, developmental delays, and sensory impairments.
The primary symptom of hemiplegia is the loss of motor function on one side of the body. On the affected side of the body, sensation can be lost completely or partially. In infants, seizures are often an early indicator of hemiplegic cerebral palsy, occurring in approximately 60% of cases during the neonatal period. Children with hemiplegia may also show a preference for one hand and keep the affected hand coiled into a fist.
Other early signs of hemiplegia in infants may include:
Asymmetrical movements while standing or crawling
Having trouble swallowing or speaking
One-sided muscle stiffness and spasticity
Engaging in tasks requiring fine motor skills
Failure to achieve typical developmental milestones such as rolling over, sitting upright, crawling, or walking
Difficulty with balance and keeping control of the limbs on the affected side
Hemiplegia is not a progressive disease. Once the condition is present, it does not worsen over time. However, it can lead to secondary conditions which are linked to motor function impairments.
Children with hemiplegia may experience the following secondary conditions that are often linked to motor function impairments:
Cardiovascular Issues: Limited physical activity due to reduced mobility and muscle weakness can contribute to cardiovascular problems.
Attention and Concentration: Maintaining focus for extended periods may be challenging. The child might struggle to ignore distractions, especially in noisy environments like classrooms, or have difficulty switching from one task to another.
Reduced Flexibility and Mobility: The lack of mobility in muscles and joints can limit flexibility and make it difficult for the child to perform everyday tasks.
Vision Difficulties: Problems with visual processing or eye movement coordination can lead to vision changes or reduced sensory perception on the affected side.
Social Communication: Engaging in meaningful conversations requires a mix of cognitive, linguistic, and social abilities, all of which can be disrupted by early brain injury. The child may find it challenging to interpret social cues, organize thoughts, and follow appropriate social behaviors.
Memory: Challenges in learning, retaining, and recalling new information can affect daily activities and academic progress.
Behavioral Issues: Emotional and behavioral changes are common, including irritability, mood swings, hyperactivity, apathy, or sudden outbursts.
Epilepsy: Seizures can occur, either shortly after the injury or years later and may require ongoing management with medication.
Speech Delays: Children may experience speech difficulties, including slow speech development, difficulty articulating words, or difficulty forming complete sentences. When a child suffers a focal injury, such as a stroke, shortly before or after birth, they may have difficulty with expressive language (talking) but not in receptive language (understanding). Many of these children begin to catch up with their peers around the age of 3 with speech therapy and other interventions.
If you notice any of these signs in your child, seeking medical advice promptly is important, as early diagnosis and intervention can significantly improve outcomes. In fact, in some cases, if action is taken early on, a child's brain may be, in a sense, "rewired" so that damaged neural pathways eventually facilitate improvements in motor skills.
While cerebral CT scans and ultrasounds may provide valuable insight into the extent of brain or central nervous system damage, a definitive diagnosis of hemiplegia can only be made through a consultation with a healthcare professional. Once diagnosed, children with hemiplegia often receive speech and occupational therapy. They may also be fitted with braces and splints to support muscle function and improve mobility.
The cost of managing hemiplegia with continuous therapies, medications, and specialized equipment can quickly add up, placing a significant burden on families. Additionally, as children with this condition grow, their treatment needs may evolve, further exacerbating costs. By working with an experienced attorney, families navigating this challenging situation can pursue a birth injury claim and seek compensation to help cover these extensive costs.
How is Hemiplegia Diagnosed?
Hemiplegia is typically diagnosed following a thorough review of the child's medical history and a detailed neurological examination to assess sensory and motor functions. While the diagnosis is primarily based on the evaluation of the patient's symptoms, medical history, and physical examination, further blood testing (a complete blood count (CBC), neuroimaging, and diagnostic testing like electroencephalogram (EEGs), may be needed to rule out other possible conditions.
When signs of hemiplegia emerge, magnetic resonance imaging (MRI) and computed tomography (CT) scans of the brain are used to detect potential causes of brain damage, including strokes, brain tumors, and aneurysms. Lastly, EEG measures electrical activity in the brain and can be used to reveal the part(s) of the brain from which seizures originate.
What Are the Treatment Options for Hemiplegia?
While there is no "cure" for hemiplegia, treatment generally focuses on addressing any underlying causes of the condition and any associated conditions like recurrent seizures. Each treatment plan is tailored to the child, taking their age, overall health, and unique challenges into consideration.
In some cases, no immediate treatment may be necessary, as some children may experience gradual improvement on their own. However, in cases where permanent damage has occurred to the nervous system, such as spinal cord injuries or traumatic brain injuries, a combination of therapies and interventions is often recommended.
Treating hemiplegia requires a multidisciplinary approach, with healthcare professionals, including physicians, physical therapists, occupational therapists, and psychologists, working together to assist affected children regain their functionality.
Rehabilitation and Therapy
A crucial part of treating hemiplegia is rehabilitation, often incorporating physical, occupational, and speech therapies to address a range of physical and functional challenges.
Physical Therapy: Focuses on managing muscle stiffness, increasing range of motion, and enhancing coordination through targeted exercises and activities. Physical therapy helps children develop strength, balance, and flexibility and achieve more independence in daily tasks.
Occupational Therapy: This therapy helps children with hemiplegia improve their ability to perform everyday tasks, such as dressing, feeding, and personal hygiene.
Speech Therapy: If hemiplegia affects communication or swallowing, speech therapy can help children regain the ability to speak clearly, eat, and swallow safely.
Medications
Medications can play a role in managing symptoms like muscle spasticity or seizures.
Muscle Relaxants and Botox Injections: These are prescribed to reduce muscle tightness, improve movement, and relieve the discomfort caused by spasticity. Botox injections work by targeting the specific muscles affected by spasticity.
Anticonvulsants: Medications like phenytoin may be prescribed to manage seizures arising from a brain injury and prevent additional complications.
Antibiotics: Prescribed (i.e., meropenem and ampicillin) to treat brain infections that may occur as a result of injury or other medical conditions.
Blood thinners: Like warfarin or heparin can help prevent blood clotting, reducing the risk of strokes and other related complications.
While medication alone is not a cure, it works well alongside physical therapy and other treatments like neuromuscular electrical stimulation (NMES), a high-intensity electrical stimulator used to decrease spasticity and increase the child's awareness of their limbs.
Surgical Interventions
In cases where more conservative treatments have not been effective, surgical interventions may be considered to correct joint deformities, alleviate chronic spasticity, and improve range of motion.
Selective Dorsal Rhizotomy: This surgical procedure targets specific nerves responsible for muscle spasticity and can help reduce the nerve activity that causes muscle tightness.
Orthopedic Surgeries: These may be required to correct joint deformities or muscle contractures that limit movement.
Surgical options are especially effective for addressing conditions secondary to hemiplegia, such as muscle contractions, spinal injuries, or damage to ligaments and tendons. Surgery can also be used to treat aneurysms and to remove narrowed blood vessels in the brain.
Adaptive Equipment for Enhanced Mobility
Adaptive equipment plays an essential role in improving the mobility and overall quality of life of children with hemiplegia. Tools such as orthotic braces, walkers, and wheelchairs can provide stability and promote independence. Additionally, adaptive devices, including splints and braces, may help with spasticity and gait (walking). There are also certain types of specialized equipment designed to encourage symmetrical movements for children with limited use of one side
The cost of managing hemiplegia with continuous therapies, medications, and specialized equipment can quickly add up, placing a significant burden on families. Additionally, as children with this condition grow, their treatment needs may evolve, further exacerbating costs. By working with an experienced birth injury attorney, families navigating this challenging situation can pursue a birth injury claim to recover compensation for the lifelong medical expenses and care associated with this condition.
Filing a Birth Injury Lawsuit
A birth injury lawsuit is a type of legal action that a parent may file on behalf of a child against negligent doctors, hospitals, or other healthcare professionals for causing the child to suffer a preventable birth injury. Through a birth injury lawsuit, families can recover compensation to help ease the financial burden of covering their child's treatment and care costs.
While each case is different, most lawsuits generally follow the same process. A lawyer with experience in birth injury cases can file your case, gather evidence, and pursue full and fair compensation on your behalf.
Here's how our birth injury attorneys will support you through the entire lawsuit process:
Free Case Review
Begin by contacting one of our birth injury lawyers, where we will evaluate if you are eligible to file a birth injury lawsuit. Your case will likely be accepted if we can determine that medical malpractice may have played a role in your child's birth injury.
Gather Evidence
As soon as you qualify for a lawsuit, your dedicated birth injury malpractice attorney will gather information and evidence related to your case to build a strong claim. In proving a child's birth injury was caused by medical negligence, critical pieces of evidence like medical records, witness statements, and the employment history of the medical professional in your case are crucial to filing a successful lawsuit.
File the Lawsuit
Once all initial information has been gathered, your attorney will file your lawsuit in the proper court of law. You and your family will become the Plaintiffs (the party taking legal action) as soon as the case is filed.
The medical providers whose conduct may have caused your child harm will become the Defendants (the party being sued). Every state has a deadline for filing a birth injury lawsuit, also known as the statute of limitations.
Your birth injury lawyer will be mindful of your state's statute of limitations and ensure your case is filed on time. The lawsuit will outline the charges in the lawsuit and give the defendants around 30 days to respond.
If the defendants fail to respond, judgment can automatically be entered for the plaintiff. If the defendants send a response but fail to take responsibility, they will explain why they believe they are not at fault for your child's injury.
Discovery
As soon as the defendants file a response, your attorney will gather more evidence, such as additional medical records, medical expense reports, and other documents related to your child's birth injury to strengthen your case.
You, your loved ones, and medical experts may have to give statements or answer questions under oath during this time. Both parties will also exchange information and evidence relevant to their respective cases to build strong arguments. A skilled birth injury malpractice attorney can pursue the legally required evidence to prove that the medical professionals did not uphold a high standard of care.
Settlement Negotiations
Once both sides prepare their case, settlement negotiations may begin. The goal of this phase is for both parties to reach an official agreement (settlement) that resolves the dispute without going through the time and expense of a full trial.
The defendants will agree to pay a lump sum of money to you if the lawsuit reaches a settlement and all legal action stops. Our lawyers are prepared to represent your best interests in court if your case is unresolved during this phase.
Go Through a Trial
A case will proceed to trial if it is not resolved in settlement negotiations. During a trial, a judge and jury will hear arguments from both legal teams and examine all the evidence presented by each party. A verdict is reached once each side has had the opportunity to present their cases and a judgment entered. In some cases, the losing side may appeal the decision.
*Although trials may award you with more compensation than a settlement, you risk receiving no financial compensation at all if you lose. Let our lawyers help you win the compensation you need to help pay for the cost of your child's care.
Medical Malpractice in Birth Injury Cases
When a doctor makes a mistake or is negligent while delivering a baby, the result is often an injury to a mother, her child, or both. Although not all birth injuries are indicative of medical malpractice, an attorney can ensure that if your provider was negligent in your child's care, you get the compensation you deserve.
Failure to properly monitor the mother during her pregnancy
Failure to administer the proper antibiotics or administering the wrong antibiotics to a mother with an STD or other maternal infections before delivery
While most people automatically picture doctors and nurses when medical malpractice liability comes to mind, additional parties involved who played a role in the healthcare of a pregnant woman and her baby may also be held accountable in a birth injury lawsuit.
The following types of medical providers and/ or facilities may be held responsible for committing medical negligence:
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
While healthcare providers like doctors and nurses are often the ones medical malpractice lawsuits are brought against, there are times when a hospital could also be held responsible.
A hospital can be vicariously liable for an employee's negligent actions that caused harm during work hours or while the employee was performing a job-related task. For example, a hospital may be held vicariously liable for the negligent mistakes of an OBGYN during a patient's pregnancy or delivery.
A hospital may also be held directly liable for its own actions. For instance, hospitals may face direct liability for a patient injury caused by a failure to establish and adhere to medical protocols and standards.
Whether it was a doctor, the hospital itself, or another medical professional, we can help you determine the cause of your child's birth injury and hold healthcare providers accountable for their actions.
Evidence of Negligence
When you file a birth injury claim, your lawyer must be prepared to present evidence that proves that a doctor's or hospital's negligence caused your child's birth injury. In a birth injury lawsuit, the plaintiff must be able to prove each of the following four legal elements.
Duty of Care: Before the provider will have a duty of care, the plaintiff must be able to establish a provider-patient relationship. Upon establishing this relationship, the medical provider is expected to meet a relevant standard of care that a medical professional with the same specialization would have exercised under the same conditions.
Breach: The next element the plaintiff must prove is that the healthcare provider or facility breached that duty by failing to meet the applicable standard of care.
Causation: The plaintiff must then demonstrate that the healthcare provider's negligent care directly caused their or their child's injuries.
Damages: Finally, the plaintiff must show that the harm they or their child suffered resulted in specific expenses and other losses. These losses may include anything from the cost of lifelong medical care to emotional suffering.
In birth injury cases, compelling evidence must be presented by the plaintiff's attorney to establish liability and secure damages. The birth injury lawyers at Miller Weisbrod Olesky can collect evidence on your behalf, consult with medical experts to determine the cause of the injury, and identify all negligent medical professionals who contributed to you or your child's birth injury.
Legal Damages Available in a Birth Injury Lawsuit
When a doctor or hospital's negligence, wrongful action, or lack of action before, during, or after childbirth results in injuries to you or your child, you may be entitled to seek financial compensation.
Damages in birth injury lawsuits generally fall into two categories: economic and non-economic. Economic damages refer to the financial losses you've sustained due to the injuries you or your child suffered. Non-economic damages refer to subjective, monetary losses and are meant to compensate the victim for pain and suffering experienced as a result of the birth injury.
Economic Damages
Medical expenses (including the cost of any future medical care)
The cost of any medications or surgeries
Rehabilitation and therapy costs (occupational, physical, and speech)
Lost income or wages of parents (including future loss of income)
The cost of assistive devices like wheelchairs or communication aids
Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
The cost of special education services and tutors
Home modification costs (such as ramps or accessible bathrooms)
The cost of assistive devices
Costs associated with a caregiver or home nurse
Non-Economic Damages
Physical pain and suffering
Reduced quality of life
Disfigurement and permanent scarring
Emotional or mental anguish
Paralysis, scarring, and disfigurement
Post-traumatic stress disorder (PTSD)
Loss of consortium
Punitive or Exemplary Damages may be awarded in addition to economic and non-economic damages. These damages are often difficult to prove and only awarded in cases where the medical professional's behavior is intentional or especially negligent.
Punitive damages are intended to punish the at-fault party and deter others from committing similar wrongful behavior.
The settlement award you may receive will depend on various factors, including the nature and severity of your child's condition, the impact of the injury on the child's quality of life, and the financial damages you have suffered.
A dedicated birth injury lawyer can help you prove all your damages and calculate the potential value of your medical malpractice settlement.
Statute of Limitations in A Texas Birth Injury Lawsuit
Statutes of limitations (SOL) are established by law in each state and dictate the time-frame within which a personal injury lawsuit must be initiated. Typically, the countdown begins on the date of the injury.
However, the discovery rule provides an exception to this rule in cases where the injury was not immediately apparent. Under this rule, the clock doesn't start ticking until the injured person discovers or reasonably should have discovered their injury.
This can be confusing, so it's advisable to contact a knowledgeable birth injury attorney to discuss your and your child's legal rights and options.
For damages (other than medical expenses) incurred until age 18, a lawsuit must be filed by the time the child turns 14.
To recover medical expenses for the child from birth until age 18, the lawsuit must be filed within two years of the date of the accident.
If the statute of limitations expires in your case, you may lose the opportunity to seek compensation. A birth injury malpractice lawyer can determine the specific deadlines that apply to your unique situation and ensure paperwork is filed on time.
How Our Birth Injury Lawyers Can Help
When a child is diagnosed with hemiplegia at birth, parents may feel uncertain about where to seek financial support for their ongoing care, treatment, and therapy. If you suspect that improper care contributed to your child's condition, a birth injury lawyer can help you better understand your legal rights and options.
At Miller Weisbrod Olesky, our nationally recognized birth injury attorneys have a track record of successfully and aggressively fighting for fair compensation from those responsible. We are prepared to investigate the events surrounding your child’s birth, consult with medical experts, and build a strong case on your behalf.
Our firm operates on a contingency fee basis, meaning you NEVER pay any upfront costs or legal fees unless/until we win your case. Call our office today at 888-987-0005 to schedule your free, no-obligation consultation today.
