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Cerebral Palsy Lawyer in West Palm Beach

Cerebral palsy is a lifelong condition that affects muscle control, movement, and posture. It can be caused by preventable mistakes healthcare providers make during pregnancy, labor, or delivery. If your child has been diagnosed with cerebral palsy due to medical negligence during childbirth, a cerebral palsy lawyer in West Palm Beach can help you seek justice.

Understanding Cerebral Palsy

Cerebral palsy is a group of disorders that impact a person’s ability to move and maintain balance. There are three main types of cerebral palsy:

  • Spasticcerebral palsy: Characterized by muscle stiffness and difficulty with movement
  • Dyskinetic cerebral palsy: Involves uncontrolled, involuntary movements
  • Ataxic cerebral palsy: Affects balance, coordination, and depth perception

As children with cerebral palsy grow, they may experience additional challenges, such as impaired vision, hearing, or speech, as well as seizures.

Common Causes of Cerebral Palsy

Most cases of cerebral palsy occur due to brain damage before birth. Some common causes include:

Prenatal Factors

  • Genetic abnormalities
  • Maternal infections (e.g., rubella, cytomegalovirus)
  • Maternal health issues (e.g., diabetes, high blood pressure)
  • Exposure to toxins or chemicals

Perinatal Factors

  • Premature birth
  • Low birth weight
  • Complications during labor and delivery

Postnatal Factors

  • Brain infections (e.g., meningitis, encephalitis)
  • Head injuries
  • Lack of oxygen to the brain
  • Untreated jaundice

Cerebral palsy’s severity and specific symptoms can vary widely from one child to another. Some children may experience mild impairments, while others require lifelong care and assistance.

Medical Malpractice and Cerebral Palsy

Some birth injuries that result in cerebral palsy are preventable with proper medical care. Medical malpractice, or medical negligence, occurs when a healthcare professional fails to provide care that a similarly trained healthcare provider would provide under similar circumstances. Examples of medical negligence that may cause cerebral palsy include:

  • Failing to detect and treat maternal infections
  • Improperly monitoring fetal heart rate during labor
  • Delaying a necessary cesarean section
  • Using delivery tools (e.g., forceps, vacuum extractors) incorrectly
  • Mismanaging complications during delivery
  • Failing to treat newborn jaundice or address umbilical cord issues

If a medical professional’s negligence in these critical areas leads to a child developing cerebral palsy, it may be grounds for a medical malpractice lawsuit. A cerebral palsy attorney can review your medical records, consult with experts, and determine if you have a viable case.

Determining Liability in Cerebral Palsy Cases

Liability in cerebral palsy cases depends on the specific circumstances surrounding your child’s birth injury. Potentially liable parties may include:

  • Medical professionals (e.g., obstetricians, nurses) who failed to meet the standard of care
  • Hospitals with inadequate policies or negligent employees
  • Pharmaceutical companies that failed to warn of medication risks
  • Manufacturers of defective medical devices that malfunctioned when used during labor and delivery

Determining which parties are legally responsible requires a thorough investigation into the medical records and the standards of care applied at your child’s birth.

Seeking Compensation in a Cerebral Palsy Lawsuit

If your child’s cerebral palsy was caused by medical malpractice, you might be entitled to compensation for:

  • Medical expenses (e.g., therapy, surgery, assistive devices)
  • Ongoing care costs
  • Home modifications to accommodate your child’s needs
  • Special education expenses
  • Lost wages (if a parent must leave work to care for the child)
  • Pain and suffering
  • Reduced quality of life

This compensation can ensure your child has the resources necessary to live a more comfortable and supported life despite their challenges. A cerebral palsy lawyer can fight for your rights and help secure the financial resources your family needs.

The Importance of Support

Caring for a child with cerebral palsy can be challenging but you don’t have to handle these challenges alone. In addition to seeking legal support, many organizations and resources are available to help families affected by cerebral palsy.

These may include:

  • Support groups for parents and caregivers
  • Early intervention and therapy programs
  • Assistive technology and adaptive equipment resources
  • Educational and vocational support services
  • Respite care and counseling services

These resources can provide valuable encouragement and guidance, helping you handle caregiving and enhance your child’s quality of life.

How Much Does A Lawyer Cost

When you’re already worried about mounting medical expenses and the health of your baby, the last thing you need is to worry about money. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we believe that everyone is entitled to high-quality legal representation, regardless of the current state of their bank accounts. Our firm works on a contingency basis. That means you pay nothing upfront, and if we don’t get compensation for you, you won’t owe us any attorneys’ fees. Our initial consultation is free. Working with us is a no-risk proposition for you.

Acting Quickly

It’s crucial to consult with a cerebral palsy lawyer as soon as possible if you suspect medical negligence caused your child’s condition. In Florida, the statute of limitations for medical malpractice cases involving birth injuries allows two years to file a lawsuit against the at-fault party. The deadline is typically two years from the date of the injury or the date when the injury should have been discovered.

There are some exceptions to this rule in cases involving minors. A cerebral palsy attorney in West Palm Beach can advise you about the deadlines that apply to your case and help file your lawsuit on time.

Contact a West Palm Beach Cerebral Palsy Attorney

If you think that medical negligence played a role in your child’s cerebral palsy diagnosis, don’t wait to take action. Contact the experienced West Palm Beach cerebral palsy lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. today to schedule a free consultation and learn more about your legal rights.

Our knowledgeable West Palm Beach attorneys understand the challenges you and your family face and are committed to fighting for the justice and compensation your child deserves.

During your free consultation, our team will listen to your story, review your child’s medical records, and discuss the potential merits of your case. We will also answer any questions about the legal process and what to expect.

Don’t let the challenges of caring for a child with cerebral palsy overwhelm you. With the proper legal support and advocacy, you can help your child receive the care, support, and compensation they deserve. Call us at 561.689.8180 today.

Last Updated : June 5, 2024
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