Ohio Cerebral Palsy Lawyers

Cerebral Palsy Lawyers in Ohio

Cerebral palsy is a complex and painful diagnosis. Whether a child receives a diagnosis prenatally, shortly after birth, or early in life, parents have many questions when they hear “cerebral palsy.” What type of life will their child lead, and how much independence will they have? Will they be in pain? Will they be able to attend school?

While cerebral palsy can occur on its own, there are instances where cerebral palsy is the direct result of medical negligence. When that happens, families can seek compensation to help with the costs of raising a child with cerebral palsy. For more information on your legal options after a cerebral palsy diagnosis, call Kisling, Nestico & Redick at 1-800-HURT-NOW. We offer free consultations, where KNR will explain your rights and how to get max compensation.

What is Cerebral Palsy?

Cerebral palsy occurs when a baby or young toddler suffers brain damage before age two. It generally occurs in the womb, during birth, or in a child’s early life. When the brain is deprived of oxygen, it develops abnormally and affects how an individual controls their muscles. The result is difficulties with movement, stability, and posture.

Common Causes of Cerebral Palsy

There are several known causes of cerebral palsy, according to the CDC. They include:

• Issues that occur in the womb prior to birth
• Prenatal infection
• Stroke
• Being born to a woman with intellectual disabilities, thyroid issues, or seizures
• Uterine rupture, placental detachment, and umbilical cord knots
• Vascular problems after birth
• Head trauma
• Asphyxiation

Cerebral Palsy Statistics

Per the CDC, cerebral palsy is the most common motor disability that affects children, with worldwide rates ranging from one to almost four diagnoses per 1,000 births. In the United States, our rate is about three per 1,000 children.

While CP is more common among children with moderately low or very low birth weight, the prevalence of diagnoses among that group has started to decline. Most children diagnosed with cerebral palsy have the spastic type. Nearly 60% of children diagnosed with CP can walk independently, and almost 10% can walk with the assistance of a mobility device.

Cerebral Palsy: Signs & Symptoms

Early diagnosis can help children get the necessary cerebral palsy treatment and interventions. Some of the most common signs of cerebral palsy you may see include:

• Spasticity, marked by stiff muscles and strong reflexes
• Overly stiff or floppy muscle tone
• Poor balance and muscle coordination
• Tremors
• Weak arms or legs
• Delays in reaching milestones
• Inability to hold up head
• Overextended back and neck
• Only able to use hand and arm on one side of the body
• Crawling while only using one arm and leg, dragging those on the other side of the body

Who’s Liable for Your Child’s Cerebral Palsy?

Liable parties vary, depending on how the disorder developed. In most cases, doctors claim that there is no clear reason as to why cerebral palsy occurred. It’s simply the result of something in the womb that can’t be further identified. When this happens, there is usually no liable party.

If cerebral palsy happens during birth, one of the mother’s caregivers may be liable. For example, suppose a mother shows clear signs of uterine rupture, and the doctor fails to identify it until the baby has already suffered significant brain damage. In that case, the doctor could be liable for the subsequent CP diagnosis.

In cases after birth, also known as acquired cerebral palsy, multiple liable parties may exist. If CP occurs because of an infection, and the treating doctor could have reasonably been expected to identify the infection sooner, they could be liable. Also, if a child develops cerebral palsy due to Shaken Baby Syndrome, the offending person would likely be liable.

Cerebral Palsy Caused by Medical Negligence

Knowing that your child’s cerebral palsy results from someone’s negligence can be devastating. It’s painful for parents to watch their children struggle, knowing that better medical care could have prevented it.

In certain circumstances, a medical provider may be at fault. Several birth complications, including uterine rupture, a detached placenta, and a true umbilical cord knot, can cause CP. On their own, these complications do not constitute malpractice. They may be the result of underlying health issues or simply bad luck. However, the way a doctor responds to these issues could be neglect.

If a patient shows classic signs of placental detachment and the doctor does not think to check for it until much later, this could be malpractice.

In cases where a child develops an infection and is subsequently diagnosed with cerebral palsy, there may or may not be a negligent provider involved. The infection itself may have been unpreventable. On the other hand, when a physician ignores a parent’s report of symptoms, fails to test for infection, or delays treatment, their negligence may be the cause.

How Cerebral Palsy Can Affect Your Life

When your child is diagnosed with cerebral palsy, it can affect nearly every area of your life. Prompt intervention is key—the Cerebral Palsy Research Network notes that the earlier a child begins receiving early interventions, the better their outcomes are. This means frequent trips to doctors, occupational therapists, and physical therapists. This can get very expensive, and it requires one parent to have a flexible work schedule or be a stay-at-home parent.

As your child grows, they may need more assistance as they get ready for school. Again, this means more meetings, time, and money. For some parents, a CP diagnosis means completely reworking a house or purchasing a new one. Making a dwelling wheelchair-accessible or finding a home that is already accessible is a significant expenditure.

Cerebral Palsy: Liability & Proving Negligence

You must prove negligence to seek compensation if someone else is liable for your child’s CP diagnosis.

The Elements of Medical Negligence

To demonstrate a care provider’s negligence, you must establish that:

• A doctor and patient relationship were in place at the time of the incident.
• The doctor acted in a negligent manner.
• The patient suffered injuries.
• The injuries can be linked to the care provider’s negligence.

Requirements to File a Cerebral Palsy Claim or Lawsuit

When you file a cerebral palsy malpractice lawsuit against a negligent care provider, you must also submit an Affidavit of Merit. This is an official document provided by an expert witness who agrees that:

• They reviewed your medical records.
• They are well-versed in the medical standard of care relevant to your treatment.
• They believe the standard of care was not met.
• The patient was injured as a result of the breach of care.

Proving Cerebral Palsy Due to Negligence

To determine whether or not malpractice occurred, a court will look at what a care provider with standard training and experience would do when faced with the circumstances of your injury. If your care provider made wildly different choices from what others in their field would have done, you might have a malpractice claim.

Your attorney will discuss your claim with expert witnesses, look at training provided to those in OB/GYN and neonatal care, and speak with medical professionals who have handled similar cases.

Cerebral Palsy: Damages & Compensation

The costs associated with cerebral palsy can be extraordinarily high. The CDC claims that medical costs for children born with CP and intellectual disabilities are 26 times higher than costs for children without either diagnosis. As a parent, you may be able to ask for compensation related to:

• The costs associated with your child’s birth and emergency care
• Costs for follow-up care and diagnostic testing
• Expenses related to physical and occupational therapy
• Mobility aids and adaptive devices
• In-home care if parents are unable to provide around-the-clock care
• Lost wages if one parent must become a stay-at-home-parent because of the child’s diagnosis
• Your child’s future medical needs and long-term care needs

This is just part of what a fair cerebral palsy insurance settlement or court award may contain. Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover your:

• Gastos médicos
• Pérdida de ingresos
• Dolor y sufrimiento
• Discapacidad
• Desfiguración
• Angustia mental
• Pérdida de la vida en común