Damages in Cerebral Palsy Cases By Sean Burke on July 17, 2017

A statue of Lady JusticeThe birth of a child should be a joyous time for a family, but when a birth injury causes cerebral palsy, it can turn a joyous occasion into one of fear, pain, and uncertainty. The law offices of Sean M. Burke helps families facing a birth injury seek compensation and hold negligent parties responsible. Birth injury attorney Sean M. Burke is experienced in obtaining the maximum settlement for damages in cerebral palsy cases in and around Orange County, CA. If you believe your son or daughter's birth injury was caused by medical malpractice, we encourage you to contact the law offices of Sean M. Burke today.

Medical Malpractice May Cause Cerebral Palsy

Cerebral palsy, a condition most commonly marked by issues with muscle coordination, is usually caused by damage to the brain during pregnancy or at birth. Cerebral palsy may occur as a result of an injury at birth, an injury that may be caused by medical malpractice. Cerebral palsy may also be a congenital issue not caused by any wrongdoing on the part of medical staff.

Because cerebral palsy can occur due to congenital causes, when seeking damages for cerebral palsy, it's necessary to demonstrate a birth injury occurred as a result of medical negligence.

Medical negligence or malpractice that may lead to cerebral palsy may include ignoring the signs of oxygen deprivation on a fetal heart rate monitoring device, not responding quickly enough to signs of infant distress, or head trauma during delivery or while in the neonatal unit. When these or similar events occurred in a child with cerebral palsy, there may be grounds for a medical malpractice lawsuit.

Types of Damages in a Cerebral Palsy Cases

Although no amount of financial compensation can give a child injured at birth the quality of life he or she may have had without sustaining a life changing injury, it can help ease the stress of mounting medical expenses and help pay for long term considerations such as specialized schooling, physical therapy, or home care. Some types of damages that may be sought through a cerebral palsy case include:

  • Medical expenses: Medical expenses for a person with cerebral palsy can easily amount to millions of dollars over a lifetime. Through a cerebral palsy case, it may be possible to obtain compensation for past, present, and future medical expenses.
  • Non-medical expenses: Non-medical expenses may include special vehicles, occupational therapy, specialized schooling, home care, counseling, or alterations to the home.
  • Pain and suffering: The courts may award financial compensation for the pain and suffering an injured child and his or her family may experience as a result of medical malpractice.
  • Loss of consortium: Loss of consortium can be described as a loss of companionship between a parent and child. In a cerebral palsy claim, brain damage may prevent a parent and child from having the type of relationship they would have had if the child had not been injured. Compensation for loss of consortium may be sought in a cerebral palsy case.

Seek the Help of a Birth Injury Attorney

Families of children who have cerebral palsy as a result of a birth injury may not be aware their child's medical issues are a result of medical malpractice without hiring a lawyer. Attorney Sean M. Burke is experienced in birth injury cases and can help the parents of victims of birth injuries collect the necessary medical records to determine if medical malpractice was the most likely cause of cerebral palsy. In such cases, there are often strong grounds for a medical malpractice lawsuit. If your child is the victim of a birth injury, contact the law offices of Sean M. Burke to learn more about your legal options.

Related to This

Social Accounts Sprite