Is Someone in Your Family Experiencing Cerebral Palsy Due to Medical Malpractice?
Cerebral Palsy Birth Injuries
Of all birth injuries, cerebral palsy injuries can be some of the most expensive and traumatic for a child in the long term. The birth injury attorneys at The Brad Hendricks Law Firm are the most experienced in the region in successfully handling birth injury cases involving cerebral palsy.
What is Cerebral Palsy?
Cerebral palsy is a movement disorder that may or may not be accompanied by significant loss of intellectual functioning. It may have genetic causes, but it may also result from an injury to the brain in the form of direct trauma or injury resulting from lack of oxygen to the brain before or during labor.
What Causes Cerebral Palsy?
Some cases of cerebral palsy are related to circumstances surrounding the baby’s delivery. Most frequently that involves a situation where the fetus is not tolerating labor and his/her heart rate becomes abnormal. Electronic fetal heart monitoring is used nationwide to detect the fetus that is in or is going into “fetal distress” and is a recognized basis for action by the medical team managing the labor. If recognized methods for dealing with fetal distress are not successful, then expedited delivery is normally necessary for the protection of the fetus. Thus, many cases of malpractice (medical negligence) involve failure of the nurses and/or doctors to respond to fetal heart rate patterns that indicate the fetus is in trouble.
Is Cerebral Palsy Preventable?
Cerebral palsy that has its origin during the development of the fetus is generally not preventable. There may be genetic abnormalities or other problems that cannot be prevented. But when the cerebral palsy can be traced to events during labor and delivery, then there is good medical evidence that it is often preventable with appropriate medical care. Identifying instances of cerebral palsy that were caused by events during labor and/or delivery often focuses on whether there was evidence of fetal distress prior to or at the time of delivery.
Financial Consequences of Cerebral Palsy
Cerebral palsy can be mild and only affect muscle coordination and have minor consequences to intelligence, or it can be profound, leaving the baby in a vegetative state with no muscle control and mental retardation. Depending on the severity of the cerebral palsy, future care needs may cost in the millions of dollars. Some parents do not realize the financial consequences of cerebral palsy until the time has passed to protect their rights. Timely legal action must be taken within the appropriate statute of limitations period that applies to the state where the birth took place. Because of statutes of limitation, it is vital that an experienced legal team evaluate birth injury cases as soon as possible.
When Should I Contact an Attorney?
It is natural for parents, confronted with a baby that may have a birth injury, to hope for the best and not think of the worst. Parents are naturally optimistic, and healthcare providers do not want to take away hope or paint a possible “bad case” scenario. Also, the younger the child is, the harder it is for health care providers to predict the future needs of the child. But if the future needs do not become apparent until after the statute of limitations has expired, then the right to claim important damages may have been lost—or even the right to sue at all. Attorneys must have ample time to gather records, obtain expert opinions, and take action before the statute of limitations expires and valuable rights are lost. So clearly, any indication of a birth injury needs prompt evaluation by an attorney.
We Can Help
The Brad Hendricks Law Firm has helped many parents of children born with cerebral palsy file suit on behalf of their children and themselves. These injuries can be devastating, and a child suffering from a cerebral palsy injury may require a lifetime of help. To learn more about filing an cerebral palsy lawsuit, call the Brad Hendricks Law Firm today at (501) 221-0444 or toll-free at (800) 603-5100. There are time limits for filing a medical malpractice case, so do not delay calling to find out if we can help your child.
Work With an Experienced Lawyer After Misdiagnosis
If you or a loved one has been injured due to a medical professional’s misdiagnosis or failure to properly diagnose, working with an experienced law firm that knows how to handle medical malpractice cases is the best way to achieve good results.
At The Brad Hendricks Law Firm, attorneys George Wise and James “Lamar” Porter have focused on misdiagnosis and other forms of medical negligence (medical malpractice) for many years and have lectured extensively and published numerous articles concerning medical negligence issues for other Arkansas lawyers. We know the law on misdiagnosis and the best way to bring winning cases in Arkansas courts.
Over the years, our Little Rock law firm has handled thousands of medical malpractice cases obtaining numerous settlements and verdicts in excess of a million dollars.
We have a thorough foundation of medical knowledge and familiarity with medical negligence cases. Our attorneys use this knowledge to handle misdiagnosis and failure-to-diagnose cases of all types:
- Misdiagnosis of heart attack
- Misdiagnosis of stroke
- Misdiagnosis of cancer
- Bowel obstructions
- Pulmonary embolism
- Blood clots
We often encourage people who believe medical malpractice has occurred to take action as soon as possible. In these cases, the statute of limitation is two years from the date of negligent misdiagnosis, with some exceptions. This means that if you wait to bring your claim, you may be prevented by law from taking action.
If you believe that misdiagnosis or a failure to properly diagnose may have occurred, act quickly. Call The Brad Hendricks Law Firm at (501) 221-0444 or toll-free at (800) 603-5100, or contact us online. You can count on us.