While many children live full lives with cerebral palsy, some children have very serious injuries that harm their quality of life. When this condition is the result of a medical provider’s negligence, parents have the right to seek legal action for this harm. The Orlando cerebral palsy attorneys at Freidin Brown, P.A. have decades of experience helping parents seek damages for medical negligence, and we’d like to put that experience to work for you.
Adding a new member to your family should be a time of celebration, but careless medical attention can mean a lifetime of bills and struggles. If you suspect medical malpractice harmed your child, our Orlando birth injury lawyers can review your case and help you explore your legal options. You can call our office at any time for a free consultation.
Orlando Cerebral Palsy Lawyers With a History of Compassionate Representation and Results
Freidin Brown, P.A. has served Florida injury and malpractice victims since 1976, earning over $500 million dollars for our clients. Our experience in conducting trials and going up against large hospitals means we’re prepared to represent our clients no matter how tough the case may seem.
Our birth injury lawyers in Orlando will gather evidence, manage deadlines and state requirements, negotiate for damages, and represent you at trial. We believe in offering personalized care and giving our clients the undivided attention they deserve. Our experience with birth injury cases and access to extensive resources allows us to give our clients an edge against hospitals, providers, and insurance companies.
When Is Cerebral Palsy a Sign of Medical Malpractice?
Not every mistake or injury is a sign of medical malpractice. Cerebral palsy (CP) can occur even with attentive and excellent medical care. However, there are many instances in which negligence contributes to a child’s cerebral palsy. Some examples of malpractice include:
Failure to Monitor Fetal Distress
Fetal distress means that a fetus is not receiving oxygen, especially during labor or even during late pregnancy. Fetal distress can happen for many reasons, but it’s the provider’s job to monitor the health of the fetus and mother. Failing to recognize and address signs of fetal distress could indicate negligence on the part of the doctor, nurse, or other medical professional.
Improper Use of Delivery Tools
OB-GYNs and other labor and delivery professionals may need tools to help deliver a child. However, providers may use forceps and vacuum extractors improperly, or they may use the tools when it is not safe to do so. These tools can cause major head and brain injuries that can contribute to the development of cerebral palsy and other injuries.
Delayed C-Sections
Some issues during labor or pregnancy make C-sections the safest method of delivery for mothers and fetuses. Providers who delay C-sections can put both patients at risk of serious health concerns. Delays can cause fetal distress that can contribute to the development of CP and other major birth injuries.
Negligent Prenatal and Maternal Care
During pregnancy, doctors, nurses, and other providers must address health concerns in mothers and fetuses alike. Failing to address these concerns properly can lead to issues in labor and delivery and cause a child’s cerebral palsy, among other issues.
For example, certain maternal infections can increase the risks of cerebral palsy, especially when left untreated. Perhaps your doctor did not order treatment or did not address your health concerns—these actions could be responsible for your child’s injuries at birth.
Failure to Provide Adequate Newborn Care
After birth, babies can develop health concerns that can lead to serious health issues if they do not receive care. For instance, jaundice is common in newborns, and it is easily treated. However, negligent care could mean that this jaundice causes something called kernicterus, which can cause cerebral palsy in newborns.
Providers should make sure they monitor the child’s health and treat them for any potential health issues. Delays in care, failures to diagnose, or other actions could make doctors and other medical professionals liable for the child’s development of cerebral palsy.
Medication Errors
Medications given during pregnancy, labor, or after birth can provide necessary relief and care for patients. However, medication errors during any of these stages can cause significant harm and lead to a child’s cerebral palsy. For example, improper dosages may cause fetal distress and limit oxygen supply.
Establishing that your child’s cerebral palsy is due to medical malpractice is challenging and not a task to leave to just any personal injury firm. The Orlando medical malpractice lawyers at Freidin Brown, P.A. have spent over 45 years helping malpractice victims seek compensation for many types of injuries, including birth injuries like cerebral palsy.
Our team is well-equipped to navigate complex legal requirements for medical malpractice claims and prove that the provider’s negligence harmed your child. Call our firm today to get started with a confidential and free consultation.
Your Child Diagnosed with Cerebral Palsy? Get a Free Legal Consultation Today!
Damages for Birth Injury Victims With Cerebral Palsy
Cerebral palsy is a neurological condition that affects motor functions, balance, and posture. People with cerebral palsy have a very wide range of symptoms and may have wildly different needs throughout their lives.
In very severe cases, a child may have intense medical needs for the rest of their life and may not be able to live independently. Even children with milder forms of CP still encounter physical, financial, and emotional difficulties related to their condition. Regardless of severity, your family has the right to seek damages for your baby’s cerebral palsy.
This wide scope of symptoms and effects means injured parties can pursue many forms of damages. Our team works closely with medical professionals, life care planners, economists, and other experts to determine the value of your losses and estimate future losses and hardships. Some of the damages an Orlando cerebral palsy attorney with our firm can pursue include:
- Past and future medical needs
- Pain and suffering, both for your child and for you and your child’s other parent
- Travel expenses related to your child’s care
- Future education needs
- Costs of modifications to your home to accommodate for your child’s disabilities and medical needs
- Medical devices and equipment
Our team will work to assess all of your child’s losses and any losses suffered by your family.
Common Questions From Parents Pursuing a Cerebral Palsy Case in Orlando
Is There a Deadline to File a Medical Malpractice Lawsuit?
Yes, Florida Statutes § 95.11 limits how long personal injury victims have to sue for damages. In medical malpractice cases, including those involving birth injuries like cerebral palsy, many factors can extend how long you have to act.
The sooner you can take legal action, the better. It can be difficult to determine when the statute of limitations begins and ends when children develop cerebral palsy, but our team can review your case and figure out how long you have to act.
What Evidence Do I Need to Prove Medical Malpractice?
If you work with our firm, our Orlando personal injury lawyers will conduct an investigation to find proof of medical negligence and establish liability. Valuable forms of proof include:
- Medical Records: Medical records detailing your child’s birth, care, and subsequent injuries are crucial to your cerebral palsy case. This documentation can highlight failures to take certain actions, provide proof of injuries, and detail medical history.
- Expert Testimony: Our firm works with top medical experts from around the country who can help support claims of malpractice. These experts help our lawyers establish a standard of care and determine if your provider failed to provide care to the standard expected of the profession.
- Witness Statements: Witnesses can help support many aspects of your claim. For example, a nurse can report on the actions your obstetrician did or did not take during labor and how these actions caused harm to your child.
- Medical Bills and Other Expense Records: Providing proof of losses is important, as it shows that your child and your family have suffered actual damages, like physical harm and financial hardships.
The stronger your evidence of malpractice, the stronger your case. The at-fault party and their insurance company may try to claim you have no proof of malpractice, and it is up to our team to gather various forms of evidence.
Do I Need to Go to Court for My Child’s Cerebral Palsy Case?
In most medical malpractice injury cases, injured parties are able to resolve the case without going to trial. Of course, this is not a guarantee, and going to court may be the best way to resolve your claim. Our lawyers will discuss your settlement and trial options, explaining the strength of your case and what a fair settlement offer might look like.
Let Our Orlando Cerebral Palsy Lawyers Fight for Your Child’s Rights Today
No family should have to suffer at the hands of a negligent medical provider, but victims of malpractice can fight to hold these parties accountable. Let Freidin Brown, P.A. represent you today in your fight for damages. Our Orlando cerebral palsy attorneys are ready to take on your case, call for a free consultation today.