If you or a loved one experienced birth-related brain injury leading to motor function impairment, delayed development, or other symptoms following a difficult childbirth, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping families who have suffered due to medical negligence during childbirth. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
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Table Of Contents
- Cerebral Palsy Lawsuit Overview
- Latest Cerebral Palsy Lawsuit Updates
- FDA Reports and Statistics
- Cerebral Palsy Injuries & Side Effects
- Do You Qualify for a Cerebral Palsy Lawsuit?
- Evidence Required for a Cerebral Palsy Lawsuit
- Damages You Can Recover
- Cerebral Palsy Medical Guidance
- Statute of Limitations for Cerebral Palsy Lawsuits
- Frequently Asked Questions
- 1. What Are the Common Causes of Cerebral Palsy?
- 2. How Long Does It Take to Settle a Cerebral Palsy Lawsuit?
- 3. Can Cerebral Palsy Be Cured?
- 4. What is the Average Settlement for Cerebral Palsy Cases?
- 5. How Do I Know If My Child Has Cerebral Palsy?
- 6. What Medical Treatments Are Available?
- 7. Are There Time Limits for Filing a Cerebral Palsy Lawsuit?
- 8. How Can a Lawyer Help My Cerebral Palsy Case?
- Get A Free Cerebral Palsy Lawsuit Evaluation With Our Lawyers
- References:
Cerebral Palsy Lawsuit Overview
Cerebral Palsy lawsuits have been filed against healthcare providers and hospitals, alleging medical negligence during childbirth that resulted in permanent brain damage to newborns.
According to medical studies, Cerebral Palsy affects approximately 2-3 out of every 1,000 live births, with many cases potentially linked to preventable medical errors during delivery [1].
The lawsuits seek to hold medical professionals accountable for birth injuries that could have been avoided with proper medical care.
Latest Cerebral Palsy Lawsuit Updates
- March 2024 – A landmark case in the Illinois district court resulted in a significant $7.5 million settlement for a family whose child suffered severe Cerebral Palsy due to alleged oxygen deprivation during delivery.
- January 2024 – New medical guidelines were proposed by the American College of Obstetricians and Gynecologists (ACOG) to reduce the risk of birth asphyxia and related brain injuries during difficult deliveries.
- October 2023 – A comprehensive study published in the Journal of Pediatric Neurology highlighted the long-term economic and medical impacts of Cerebral Palsy, strengthening legal arguments for compensation.
FDA Reports and Statistics
While the FDA does not directly track Cerebral Palsy cases, medical reports indicate:
- 40% of Cerebral Palsy cases are potentially related to birth complications
- 70% of affected children require ongoing therapy and medical intervention
- 85% experience mobility limitations of varying severity
- Estimated lifetime medical costs can exceed $2 million per patient
The medical community continues to investigate and address the underlying causes of these birth-related injuries.
Cerebral Palsy Injuries & Side Effects
Patients who experienced Cerebral Palsy have reported a range of serious and potentially life-altering complications:
- Movement Disorders: Spasticity, dyskinesia, or ataxia affecting coordination and movement
- Neurological Damage: Permanent injury to brain tissue controlling motor function
- Developmental Delays: Speech, cognitive, and physical milestone delays
- Seizure Disorders: Epilepsy and recurring seizures in approximately 30-50% of cases
- Psychological Impact: Potential emotional challenges from physical limitations
Related Birth Defect Article: Craniosynostosis Lawsuit
Do You Qualify for a Cerebral Palsy Lawsuit?
You may qualify for a Cerebral Palsy lawsuit if:
- Your child was diagnosed with Cerebral Palsy after birth
- The injury occurred during pregnancy, labor, or delivery
- Medical records suggest potential medical negligence
- Your child experienced significant medical complications
- You can provide documentation of the birth injury and subsequent treatments
Evidence Required for a Cerebral Palsy Lawsuit
To build a strong case, the following evidence is typically needed:
- Complete medical records from pregnancy and delivery
- Fetal monitoring strips and birth documentation
- Diagnostic reports confirming Cerebral Palsy
- Expert medical testimony
- Documentation of treatments and ongoing medical needs
- Proof of medical expenses and future care requirements
Damages You Can Recover
Potential compensation may include:
- Medical treatment costs
- Future medical care and rehabilitation
- Assistive technology and equipment
- Home modifications
- Pain and suffering
- Loss of potential future earnings
Recent Cerebral Palsy cases have seen settlements varying based on the severity of injuries and long-term impact.
Cerebral Palsy Medical Guidance
Key medical guidance and recommendations include:
- 2022 ACOG recommendations for fetal monitoring during delivery
- Hospital protocol updates for managing birth complications and oxygen deprivation
- Improved training for medical professionals in birth injury prevention
Statute of Limitations for Cerebral Palsy Lawsuits
The statute of limitations for Cerebral Palsy lawsuits is typically two years from the date of injury or from when the damage was discovered or should have been discovered.
This limited timeframe makes it critical to consult with a Cerebral Palsy attorney promptly.
- Some states allow extensions until the child reaches majority
- Specific timelines vary by state jurisdiction
- Consultation with a specialized attorney is crucial
- The “discovery rule” may extend filing deadlines in certain circumstances
Prompt legal consultation is essential to preserve potential claims
Related Articles:
Frequently Asked Questions
1. What Are the Common Causes of Cerebral Palsy?
Birth-related brain injuries typically result from oxygen deprivation during delivery, maternal infections, jaundice mismanagement, and failure to perform timely C-sections. Medical negligence can lead to permanent brain damage affecting motor function.
2. How Long Does It Take to Settle a Cerebral Palsy Lawsuit?
Most Cerebral Palsy lawsuits resolve within 2-4 years. Settlement duration depends on case complexity, medical evidence strength, and court scheduling. Many cases settle out of court to expedite compensation.
3. Can Cerebral Palsy Be Cured?
While there is no cure for Cerebral Palsy, symptoms can be managed through intensive therapy. Treatment options include physical therapy, occupational therapy, speech therapy, medication, and potential surgical interventions to improve mobility and function.
4. What is the Average Settlement for Cerebral Palsy Cases?
Settlement amounts vary widely, typically ranging from $500,000 to $10 million. Factors include injury severity, long-term medical needs, and demonstrated medical negligence. Each case requires individual evaluation.
5. How Do I Know If My Child Has Cerebral Palsy?
Signs include delayed motor skills, abnormal muscle tone, unusual posture, coordination problems, and speech difficulties. Early medical diagnosis and documentation are crucial for potential legal action.
6. What Medical Treatments Are Available?
Treatment options include physical therapy, occupational therapy, speech therapy, medication for spasticity, assistive devices, and potentially surgical interventions. Early and comprehensive treatment can significantly improve long-term outcomes.
7. Are There Time Limits for Filing a Cerebral Palsy Lawsuit?
Time limits vary by state, but most jurisdictions allow filing within 2-3 years of birth or diagnosis. Some states extend this period until the child reaches adulthood. Consulting an attorney promptly is essential.
8. How Can a Lawyer Help My Cerebral Palsy Case?
An experienced attorney can gather medical evidence, consult neurological experts, negotiate with healthcare providers, and pursue maximum compensation for medical expenses, future care, and quality of life impacts.
Get A Free Cerebral Palsy Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for Cerebral Palsy complications. The statute of limitations generally restricts filing to within two years from when you discovered or should have discovered your child’s injury. Immediate legal consultation preserves your potential claim.
Our firm offers:
- Free, confidential case evaluations
- No upfront costs – we get paid only if you win
- Comprehensive medical-legal support
- Nationwide representation with local expertise
Don’t let medical negligence go unaddressed. Your child deserves comprehensive support and potential compensation.
References:
- https://www.ncbi.nlm.nih.gov/books/NBK538147/