Is Your Child's Cerebral Palsy the Result of Medical Malpractice?
A traumatic injury at birth caused by a medical mistake may result in a child developing cerebral palsy, a disorder that adversely impacts speech, balance, muscle control, and reflexes. It is not uncommon for there to be little to no signs or symptoms of cerebral palsy at birth. In fact, many parents are unaware of a problem with their child until they notice that their child is beginning to miss important developmental milestones. Unfortunately, there is no cure for cerebral palsy, and the effects of this condition will last throughout your child's life.
Although not all cerebral palsy cases are caused by obstetrical and nursing negligence, it is vital to determine whether your child's case is. If you suspect that your child has suffered cerebral palsy or other serious birth injuries due to a medical provider's negligence, filing a cerebral palsy claim can provide you with the compensation you need to cover the cost of the treatment and assistance your child may need now and in the future.
Our Dedicated Cerebral Palsy Lawyers are available to meet you in your home or the hospital.
At Miller Weisbrod Olesky, our cerebral palsy attorneys in Pennsylvania have helped countless families through the trauma of infant brain injuries and have an established track record of success in cerebral palsy lawsuits.
Our nationally recognized birth injury law firm handles cerebral palsy cases in Philadelphia, Pittsburgh, Allentown, Harrisburg, and other cities throughout Pennsylvania. We also handle cases against major hospitals in Pennsylvania, including Penn Medicine and The University of Pennsylvania Medical Center. We know we can't restore your child's health, but we can fight to ensure you don't have to struggle financially to provide your child with the best care possible.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.
Lyric, C.
Mother of Miller Weisbrod Olesky Client
Miller Weisbrod Olesky Stands Out
The majority of cerebral palsy law firms will employ one or two nurses to assist with the review of cases, medical research, and other aspects of their practice. The good news is that Miller Weisbrod Olesky has an unmatched number of in-house nurses and nurse-attorneys that provide dedicated support to children with cerebral palsy and their families throughout Pennsylvania.
Our team of registered nurses and nurse-attorneys are skilled in providing a level of personal and medical insight to each case we handle on behalf of our clients with cerebral palsy. Our nursing team includes both an experienced labor and delivery nurse as well as an ICU nurse. With the help of the rest of our team, they investigate the reasons behind a birth injury that caused cerebral palsy as well as how medical professionals breached their duty of care when treating this child.
Dealing with a birth injury is emotionally and financially exhausting. At Miller Weisbrod Olesky, we know your child needs help today – not just when your birth injury lawsuit is settled. Our team focuses on helping our clients NOW when they need it most. Depending on how badly your child was injured, you might be facing years of medical treatment, therapy, and assistive care.
While Miller Weisbrod Olesky's cerebral palsy attorneys of Pennsylvania aggressively prepare each legal case, another department goes into action to help the families of children we represent by regularly monitoring the child's medical treatment status helping facilitate medical treatment and therapy, and arranging transportation and services.
Where necessary, we also help families locate local medical providers specializing in the care and treatment of children who have suffered a birth injury. With Miller Weisbrod Olesky, you're not 'just a case'. And that's important when you're looking for a lawyer who can help you cope with your child's needs today.
What is Cerebral Palsy?
Cerebral palsy is the term used to describe a group of disorders and symptoms typically caused by a brain injury that occurs before, during, or after childbirth. According to a study published by the National Library of Medicine, cerebral palsy is one of the most common motor disabilities in childhood, affecting approximately 3 to 4 per 1000 children in the United States.
Cerebral Palsy affects a child's coordination, muscle, tone, posture, and intellectual abilities. Depending on the severity and location of the damage, symptoms can range from mild to severe. Some children struggle with motor functions, while others struggle with eating and talking. Obtaining an early diagnosis is crucial to early intervention and treatment that could minimize damage to a baby's brain and make a significant difference in a child's future quality of life.
The National Institute of Neurological Disorders and Stroke defines cerebral palsy as a group of neurological disorders caused by damage to the developing brain before birth or in infancy. Commands that travel from the brain to the muscles via nerves tell our muscles to tense and increase in tone or relax and decrease in tone. These commands between the brain and muscles must be well coordinated for our muscles to function correctly. Cerebral Palsy arises from damage to the cerebral motor cortex, which is the part of the brain responsible for controlling motor behaviors and plays a role in motor learning, memory, and controlling balance and posture.
Damage to the motor cortex caused by a birth injury during labor and delivery or even shortly after birth makes it difficult for a child to control their movements and causes tremors in the arms or legs and muscle weakness or stiffness.
While cerebral palsy is a non-progressive disorder, it cannot be reversed and will often permanently affect muscle tone and posture. The motor impairments children with CP experience can range from mild to severe and impactful. Some children may experience significant limitations in independent mobility, while others only have mild coordination difficulties. Children with cerebral palsy may have learning problems, vision and hearing impairment, and seizures.
What Medical Mistakes Cause Cerebral Palsy?
The most common cause of CP is hypoxic-ischemic encephalopathy or HIE. Doctors, nurses, and other medical professionals are responsible for preventing and treating dangerous pregnancy issues before, during, and after delivery. If they fail to provide the appropriate standard of care, they may be held liable for medical malpractice or negligence.
The majority of birth injuries that result in cerebral palsy are caused by medical personnel such as obstetricians and labor and delivery nurses failing to:
Treat expectant mothers' previous or current health conditions
Safely deliver the baby, causing injury to the newborn
Provide proper treatment to the baby after birth
If your child's birth injury occurred due to a preventable medical error, consult with Miller Weisbrod Olesky's cerebral palsy lawyers of Pennsylvania, who will examine the facts of your case and file a birth injury lawsuit against the hospital or medical professional responsible for your child's birth injury.
Symptoms and effects of cerebral palsy vary widely, depending on which parts of the child's brain after affected. In severe cases, signs and symptoms of cerebral palsymay be noticeable at birth, however, most parents typically don't notice symptoms of cerebral palsy until toddlerhood. If you think your child might have CP or have concerns about them not meeting developmental milestones, you should consult your doctor or other healthcare professional who can evaluate your child's symptoms and perform necessary tests or screenings to diagnose their condition.
While there is no single test that confirms a diagnosis of cerebral palsy, certain signs and symptoms present in infancy or early childhood can point to CP. Because there are different types of cerebral palsy, signs, and symptoms can vary significantly, typically range from mild to severe, and may be more pronounced on one side of the body or both sides.
If there were problems during delivery or symptoms of brain damage, a doctor is responsible for responding immediately with appropriate intervention and therapies. Although Cerebral Palsy isn't a progressive disorder, some symptoms may increase and change over time.
Movement/Physical Development: Slow in learning how to sit, crawl, walk, or roll over. Children with CP tend to grow more slowly than expected.
Cognitive: Trouble adapting to the environment, functioning in daily life, solving problems, and using skills like learning letters or counting.
Social/Emotional: Difficulty communicating and interacting with others. Trouble understanding certain social cues or dealing with change.
Language/Communication: Speech delays, difficulty sharing their thoughts and expressing their needs, reduced vocabulary, and trouble understanding complex sentences.
Experiencing pain or having trouble feeling simple sensations like touch
Constipation issues that lead to urinary and fecal incontinence
Mental health issues, like anxiety and depression
Emotional problems and behavior issues, such as hyperactivity or being prone to conflict
A variety of factors cause cerebral palsy, and although it may not always be possible to pinpoint the cause, there are some things that can increase a baby's risk of developing CP. To prepare for a healthy delivery, parents need to be aware of the common risk factors for cerebral palsy before, during, and after pregnancy.
Birth Injuries Leading to Cerebral Palsy in Pennsylvania
Children suffer from the most fatal birth injuries within the first 28 days after birth. A state summary for Pennsylvania published by the March of Dimes reported that 729 infants died before reaching their first birthday in Pennsylvania in 2020. In most cases, babies who die within the first 28 days of birth suffer from conditions caused by improper care and treatment.
Infants born prematurely are at an increased risk of developing cerebral palsy and requiring special care in the neonatal intensive care unit (NICU). Premature birth occurs when a child is born before the 37th week of pregnancy. It may take many years for symptoms of conditions linked to prematurity, such as cerebral palsy, to present themselves after birth. In 2022, 9.6% of babies in Pennsylvania were born prematurely.
Typically, premature babies are born with low birth weight, which puts them at greater risk of suffering injuries due to delivery complications that can result in cerebral palsy.
1 in 12 babies in Pennsylvania (9.6% of live births) were born with low birth weights in 2022. Pennsylvania had a slightly higher rate of low birth weight babies compared to the national average of 8.52%. During prenatal care, doctors potentially identify and treat health issues that can lead to cerebral palsy, such as gestational diabetes, preeclampsia, premature birth, and placenta previa.
How is Cerebral Palsy Diagnosed?
Although cerebral palsy is typically not diagnosed until a few months to a year after birth, a medical provider will monitor the child's development during a well-child office visit if CP is suspected. During a wellness visit, the doctor will ask if you have any concerns about your child's development and evaluate how your child moves during an exam. Developmental monitoring is crucial for children who are at an increased risk for developmental problems due to low birth weight or premature birth.
If any concerns about your child's development are raised during monitoring, a short developmental screening is given to see if the child has motor or movement delays. Some of these screening tests involve interviews or questionnaires completed by the child's parents and other tests given to the child by the doctor. At 9 months, movement issues become more apparent, and most children are diagnosed by around 2 years of age. Your doctor will make referrals for developmental and medical evaluation and early intervention or child services if the screening test results are concerning.
Developmental and medical evaluations are used to diagnose the specific type of disorder affecting your child and rule out other disorders that could cause similar problems. During this evaluation, your doctor will carefully examine your child's reflexes, posture, motor skills, and muscle tone. Your doctor will also review your child's medical history and conduct additional tests to look for the underlying cause of your child's CP.
Specialists like developmental pediatricians, child neurologists, pediatric physiatrists, or pediatric rehabilitation doctors might suggest brain imaging tests, such as an x-ray computer tomography (CT scan), magnetic resonance imaging cranial ultrasound (MRI), electromyography (EMG), electroencephalogram (EEG), metabolic testing, or a combination of these tests. Your child will also likely be referred to specialists who will look at their vision, hearing, speech, and intellectual development.
For treatment to be completely effective, treating all aspects of your child's unique Cerebral Palsy diagnosis is crucial. A pediatrician and other medical specialists will identify specific issues and oversee your child's treatment plan. Treatment options for Cerebral Palsy often include a combination of various medications, therapy, and surgery. Unfortunately, many families are not prepared for the cost of therapy and other expenses associated with their child's treatment.
Spasticity is a common symptom characterized by muscle stiffness in the arms, legs, and involuntary contractions. Muscles that are too spastic or tense may have trouble functioning properly. For example, children with spastic CP may also have difficulty walking, standing, and require a lot of effort to eat and drink.
Spastic Cerebral Palsy is classified into three sub-types, these include:
Spastic Diplegia: This form of spastic CP affects the legs more than the arms and can cause difficulty walking. Babies born prematurely are at higher risk of spastic diplegia.
Spastic Hemiplegia: This is a type of cerebral palsy that affects muscles on one side of the body. Children with this condition may experience tight muscles or have difficulty completely simple tasks, such as picking up objects.
Spastic Quadriplegia: Children with this type of cerebral palsy may experience stiff muscles or walk on tiptoes because of increased muscle tone. A physician failing to properly diagnose and treat fetal distress often leads to spastic hemiplegic CP.
Ataxic Cerebral Palsy is the least common form of cerebral palsy, affecting approximately 10% of children with Cerebral Palsy. Ataxic cerebral palsy results from damage to the part of the brain that controls balance and is responsible for fine-tuning movement commands for the body (the cerebellum). Children with ataxic CP may be clumsy, lack coordination, walk with their feet spread apart, and appear unbalanced or jerky.
Medical mistakes like failing to correctly identify and manage uterine rupture can put babies at risk for this type of Cerebral Palsy. Parents generally seek medical advice when a child shows developmental delays, like having trouble gripping things or displaying awkward movements.
Also called Athetoid Cerebral Palsy, this type of cerebral palsy makes it difficult for children to move their muscles in a certain way. Dyskinetic CP is thought to be caused by an injury to an area of the brain called the basal ganglia.
The basal ganglia primarily regulates voluntary motor movements and emotional behaviors and plays a critical role in cognition. Dyskinetic movements can be twisting and repetitive (dystonia), slow (athetosis), and unpredictable (chorea). Although dyskinetic CP is the second most common sub-type, it only accounts for approximately 6% of all cerebral palsy cases.
Some children may exhibit symptoms of more than one type of cerebral palsy. Mixed CP occurs when a child has sustained a brain injury to the motor control centers in multiple parts of the brain during pregnancy, at the time of labor, or shortly after birth.
The types of brain damage someone with mixed CP may have include damage to the motor cortex, pyramidal tracts, cerebellum, and basal ganglia. Symptoms of mixed cerebral palsy may consist of a lack of coordination and issues with movement, balance, and posture. Of all cerebral palsy cases, mixed cerebral palsy accounts for 15.4%. The most common combination of mixed CP is spastic-dyskinetic.
Treatment Options for Children with Cerebral Palsy
Once diagnosed, parents should seek advice from their child's doctor and other Cerebral Palsy specialists (neurologists, behavioral, occupational, and physical therapists, etc.) to help determine how to best treat their child's condition. With regular medical visits, physical therapy, medication, supportive devices, and sometimes surgery, children diagnosed with cerebral palsy can still live long, healthy lives.
The goal of therapies for cerebral palsy is to manage your child's physical impairments while optimizing mobility. The type of therapies your child's pediatrician and other CP specialists may recommend will vary depending on your child's unique needs, the type of cerebral palsy your child has been diagnosed with, and the extent of impairment.
Short-term goals for cerebral palsy treatment that your child's physical therapist will focus on include improving muscle flexibility and mobility, such as rolling, sitting, walking, or operating a wheelchair.
Long-term effectiveness of PT in CP involves enhancements in strength, independence, your child's overall quality of life, and minimizing physical limitations over extended periods.
Here's what to expect in physical therapy:
The physical therapist will create a unique treatment plan for your child by evaluating movement problems.
The physical therapist will focus on improving movement through a combination of exercises and muscle-relaxing techniques.
Flexibility exercises and massages can help improve a child's mobility, while strength training exercises can address issues with low muscle tone that causes weakness. Special exercises are also used to improve posture while sitting, kneeling, or standing and assist infants with transitional movements, such as rolling over.
A physical therapist can also provide guidance on safely caring for your child's everyday needs and continue muscle training and exercise at home between therapy visits.
Cerebral palsy often impacts the part of the brain that controls speech. Children with CP who have trouble communicating can overcome motor impairments and improve their ability to speak clearly with the help of speech and language therapy.
A speech-language pathologist will perform an initial assessment of your child's physical and cognitive functioning during the first session. After the original assessment, the speech therapist will create a treatment plan consisting of exercises tailored to address your child's struggles with communication, eating, and swallowing. Your child's speech-language pathologist can also teach sign language and how to use communication devices, such as a computer and voice synthesizer, to help them better express their thoughts, feelings, and ideas.
Recreational Therapy
This type of therapy consists of activity-based interventions that can help improve your child's speech, physical functionality, and emotional well-being.
Recreational therapists will create inclusive ways for your child to overcome barriers that prevent them from doing what they love by having them participate in activities like playing basketball from a wheelchair, swimming, and using assistive aids to paint or sculpt with clay. Recreational activities can also enhance your child's ability to relate to others and provide a greater sense of self-worth.
For children with cerebral palsy, occupational therapy can help them overcome various challenges and achieve as much independence as possible. An occupational therapist can teach your child how to perform self-care tasks like bathing, dressing, and personal grooming.
Your child's OT therapist will also teach your child how to use adaptive tools and mobility aids like crutches, walkers, and power scooters. After assessing your child's individual strengths and weaknesses, they will create an individualized activity program to enhance their functional abilities.
Medications
Children with CP are often prescribed various medications to alleviate pain, lessen muscle tightness, and control seizures. Muscle relaxants such as Baclofen or Botox injections can help reduce spasms and treat pain associated with stiff muscles.
Anticholinergic medications like Benztropine Mesylate and Trihexyphenidyl hydrochloride (Kemadrin) can help ease symptoms of cerebral palsy by inhibiting the nerve impulses that cause involuntary muscle movements.
Many children with cerebral palsy develop some form of epilepsy; medications such as Barbiturates and Benzodiazepines can slow the activity of the brain and nervous system and prevent seizure activity. Co-occurring conditions like incontinence, acid reflex, behavioral disorders, and respiratory issues can also be treated with medications. Your child's doctor and members of their care team can prescribe medications tailored to meet your child's specific needs and help them find the best strategies to manage CP symptoms.
Surgical Procedures
Some children with cerebral palsy may benefit from surgical interventions to reduce high muscle tone, improve range of motion, and correct anatomical abnormalities. Orthopedic Surgery can lengthen muscles and/or reposition tendons in children with muscle tissue shortening, also known as contractures.
An orthopedic surgeon can also reposition bones or joints in the arms, spine, hips, or legs through an osteotomy. In severe cases of spastic CP, a surgeon may perform an arthrodesis to permanently fuse bones together and make it easier for a child to walk.
A Selective Dorsal Rhizotomy (SDR) is an aggressive procedure that may be done when other, more conservative treatment options like physical therapy or oral medications have failed to improve or alleviate pain when a child walks or moves. SDR surgery involves a surgeon locating and selectively cutting overactivated nerves in your child's lower spinal cord that are causing spasticity. The procedure can reduce pain and relax muscles in one or both of the lower extremities.
For children with spastic diplegia or hemiplegia, SDR can provide an immediate reduction of spasticity and reduce the risk of spinal deformities in later years. Every surgery carries its risks. However, doctors can help families determine if surgery is appropriate by weighing the possible risks and benefits.
Various types of devices can be used to help a child with cerebral palsy overcome many daily challenges they may face. Adaptive equipment like braces or orthosis, gait trainers, and medical strollers can help a child with CP achieve greater autonomy and maximize their functional abilities.
Assistive communication technology like hearing aids and cochlear implants, computers with adaptive programs, augmentative and assistive communication (AAC) devices, and special typing and writing devices can improve a child's ability to communicate, educational performance, and help them lead a more engaged social life.
While our cerebral palsy attorneys investigate the facts of your case, our team of registered nurses and nurse attorneys can help you find the medical provider specializing in the treatment and therapy your child needs now. Additionally, our team will regularly monitor your child's medical treatment status, help facilitate treatment and therapy, and arrange transportation services.
We understand that children with birth injuries like cerebral palsy often require intense therapy, specialized treatment, and life-long assistive care. Let us help alleviate the stress of providing for the cost of your birth injured care by aggressively pursuing compensation your child and family deserve.
Filing a Cerebral Palsy Malpractice Lawsuit in Pennsylvania
The majority of birth injuries that result in cerebral palsy are caused by medical personnel such as obstetricians and labor and delivery nurses not treating expectant mothers' previous or current health conditions, failing to identify and respond to signs of fetal distress during labor, causing injury to the baby during delivery, or neglecting to provide proper treatment to the baby after birth.
The most common cause of cerebral palsy is hypoxic-ischemic encephalopathy or HIE. Doctors, nurses, and other medical professionals are responsible for preventing and treating dangerous pregnancy issues before, during, and after delivery. If they fail to provide the appropriate standard of care, they may be held liable for medical malpractice or negligence.
If your child's cerebral palsy occurred due to a preventable medical error, consult with our cerebral palsy lawyers in Pennsylvania. Our attorneys will examine the facts of your case and file a cerebral palsy lawsuit against the hospital or medical professional responsible for your child's cerebral palsy diagnosis.
In addition to medical professionals such as doctors and nurses, here are some examples of other medical professionals who can be held responsible for causing a birth injury that resulted in cerebral palsy:
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
Vicarious liability may apply to hospitals for the negligent actions of their employees. Hospitals may be held vicariously liable for injuries or harm a patient suffers due to the negligent actions and omissions of a hospital employee acting within the scope of their employment.
It is also possible for a hospital to be held directly liable for its own negligence. For example, a hospital may be held directly liable if they fail to establish proper patient safety protocols or violate patient confidentiality by mishandling patient records.
For your cerebral palsy malpractice lawsuit to be successful, your cerebral palsy lawyer will need to gather evidence of medical malpractice/negligence by examining the medical records of the mother and infant, previous complaints filed against the negligent medical provider, and witness statements from healthcare professionals involved in the delivery of the child to prove the following four legal elements.
Duty of Care: A doctor-patient relationship existed at the time you or your child suffered from the injury. Doctors and other healthcare providers are responsible for ensuring safe and effective care for you and your child once this relationship has been established.
Breach of Duty: The doctor or other healthcare provider failed to provide the medical standard of care that another reasonable provider with similar training would have provided under the same/similar circumstances.
Causation: Negligence on the part of the doctor or other healthcare provider was the direct cause of a birth injury that resulted in a baby developing cerebral palsy.
Damages: The pregnant mother or her baby suffered financial losses and other damages (the cost of injury-related treatments, lost wages, and pain and suffering) due to the healthcare provider's breach of duty.
If your baby has cerebral palsy due to the above medical negligence requirements, you may be able to recover compensation for the cost of your child's treatment and other injury-related expenses you have incurred by taking legal action against the negligent doctor, hospital, or other healthcare provider. It is impossible to make up for the trauma you and your child have suffered, but compensation obtained through a successful medical malpractice lawsuit can make you and your family financially whole again.
Our Cerebral Palsy Lawyers in Pennsylvania will evaluate and investigate your child's potential CP lawsuit with no upfront legal fees whatsoever. We never charge a fee or expenses to any client unless and until we have made a successful money recovery for the family.
Claimable Damages in a Cerebral Palsy Lawsuit
Parents whose children have suffered a birth injury and been diagnosed with cerebral palsy that resulted from preventable medical errors may be eligible to pursue compensation for the following types of damages.
Economic Damages cover the tangible financial losses resulting from your child's birth injury that resulted in cerebral palsy. The following are examples of economic damages:
Costs associated with medical treatment (including future treatment)
The loss of earnings or income of parents who must take time off work to care for their child affected by a birth injury that resulted in cerebral palsy (including future losses)
Expenses associated with assistive devices such as wheelchairs and communication aids
Lost future earning capacity (if the child's birth injury that caused cerebral palsy impacts their ability to work in the future)
Tutoring and special education expenses
Home or vehicle modification costs (i.e., ramps or accessible bathrooms)
In-home care and nurses
Non-Economic Damages compensate victims affected by a birth injury that led to cerebral palsy for intangible losses that are not as easy to calculate as economic losses. These damages may include:
Punitive Damages may be awarded in addition to economic and non-economic damages in cases where a doctor, hospital, or other healthcare provider's actions were reckless or grossly negligent. These damages are designed to punish the at-fault party and serve as a warning to discourage others from committing similar acts in the future.
Several factors will affect the amount of your potential settlement award, including the severity of your child's injuries and the type of treatment your child requires. To determine how much your cerebral palsy claim is worth, the Pennsylvania cerebral palsy lawyers at Miller Weisbrod Olesky will consult with our vast network of financial and medical experts. Get in touch with one of our lawyers as soon as possible if you have questions about compensation so we can explain your legal options and create an action plan on your behalf.
Statute of Limitation Rules in a Cerebral Palsy Birth Injury Lawsuit
The Statute of Limitations (SOL) for Pennsylvania birth injury malpractice cases dictates the time period by which an injured victim must file a lawsuit. This law varies by state and the type of claim being filed. The two-year statute of limitations for birth injury lawsuits in Pennsylvania does not begin to run until the child turns 18 years old. In other words, a child who has been injured by the negligent actions of a medical professional usually has until age 20 to file a lawsuit. The parents of children who have been injured or have died due to medical errors made before, during, or after childbirth must file a lawsuit within two years of the injuries or death.
Title 42 Chapter 55 | Pennsylvania Consolidated Statutes:
For adults the statute of limitations in a medical malpractice is generally 2 years from the date of the negligence. For children, the statute of limitations is slightly different. A birth injury lawsuit for a child must be filed no later than the day the child turns 20 years old.
There are times when signs and symptoms of certain injuries don't show up until later in life. The discovery rule applies in these situations in Pennsylvania. This rule prevents the two-year statute of limitations from running until the injured person discovers—or through reasonable diligence should have discovered—that they were injured.
Failure to file your claim within the statute of limitations may prevent you from recovering compensation for your or your child's injuries and other losses. Medical malpractice claims can be particularly complicated. Therefore, it is crucial to speak with an experienced birth injury lawyer as soon as you think you may have a birth injury claim.
Contact Cerebral Palsy Lawyers in Pennsylvania
Even though money will never be able to fully compensate for your child's suffering, a cerebral palsy attorney in Pennsylvania can help ease your financial burden and allow you to afford the best medical treatment, educational opportunities, and special care for your child.
During your free consultation, our team of committed attorneys will assess your potential claim using our detailed case review process to learn more about you and your child. Then, our team of cerebral palsy lawyers, registered nurses, and nurse-attorneys gathers medical records to determine what happened before, during, and after your delivery.
We also consult with medical experts who review your records to determine whether medical errors might have caused your child's injuries. If we suspect medical malpractice occurred in your case, we will meet with you to discuss how you can recover compensation from the at-fault medical professionals. You will never be required to pay anything during the legal intake process. We will review your case for free during your initial consultation and only receive payment until we successfully resolve it. The earlier you contact us, the sooner we can get work taking the necessary steps to safeguard your child's future.
We will handle all the legal legwork for you, from initial consultation to insurance negotiations, so you can concentrate on your child's well-being. Additionally, we will work with experts to determine your child's future care costs and expenses and help you get access to the treatment your child deserves. To schedule a free and confidential consultation, call us at 888-987-0005 or complete our online form.
Cerebral Palsy Support Groups in Pennsylvania
When a child is diagnosed with cerebral palsy, their lives are completely changed. However, it is possible to adjust to life with a child with CP if you have the right resources, tools, and information at your disposal. Connecting with cerebral palsy support groups and organizations can help caregivers and parents plan for their child's future.
Cerebral palsy support groups provide emotional and practical help to individuals and families affected by CP. The groups provide a platform for parents to exchange experiences, advice, and resources. They are excellent places for new parents to receive advice from others who have raised children with cerebral palsy.
You may find the following resources helpful if your child was born with cerebral palsy or other birth injuries:
Families navigating life with a child with cerebral palsy can find encouragement and a sense of community through these resources. Connecting with other parents in similar situations can be incredibly empowering and reassuring as you navigate the unique journey of raising a child with cerebral palsy. In addition to support groups and organizations, hiring a lawyer who specializes in birth injury cases involving cerebral palsy can help families secure compensation to cover medical expenses, therapy, assistive devices, and other necessary support for their child's well-being.
