Unfortunately, medical malpractice can occur during the birthing process. The nurses, physicians and even resident physicians can commit an error or be neglectful during the labor and delivery process. An error can also occur after the baby is born, and the baby is being prepared for transfer to the nursery. On occasion, the errors can result in very serious injury to the newborn with life-altering consequences. One of the most serious errors that can occur during this process is a permanent brain injury, often referred to as cerebral palsy.
Cerebral palsy is the collective term for a group of disorders that affect the ability of the brain to send messages to the body to control everything from speech to movement. The effect that cerebral palsy has on brain and body function can vary widely. Depending on the degree of brain injury, newborns with cerebral palsy may never be able to eat, talk, sleep, see, grasp, sit up, stand, maintain balance, understand voice commands or learn even simple tasks for the rest of their life. Some may have less severe damage with fewer disabilities. Cerebral palsy can affect the whole body or could be limited to one limb or one side of the body. It is a very serious disorder.
Children with cerebral palsy typically will need full assistance with everything – a daunting and expensive prospect that impacts not only the child but also his or her parents for a lifetime. This results in huge demand for parental dedication, funding and 24-hour assistance. If you suspect your child suffered cerebral palsy from a medical error that occurred during the labor and delivery process or immediately after your newborn’s birth, you and your child deserve compensation to provide that assistance.
Who do you turn to for help? You need to call a medical malpractice attorney to assess your case. However, be cautious in your selection. According to PHP Law Firm founding attorney Bradley J. Prochaska, not just any medical malpractice attorney can handle a cerebral palsy lawsuit. Medical errors involving newborns are very difficult to prove and require attorneys with specialized experience in cases involving cerebral palsy that know the medicine and have the skill to uncover the errors, prove them and obtain a full recovery.
“Cerebral palsy cases are complicated, and the amount of money at stake is substantial because any recovery needs to cover the costs associated with special needs of the child for 50, 60, 70 years of his or her lifetime,” Prochaska said. “When you hire an attorney to do these types of cases, it takes more than a special skill set. It takes a commitment to work tirelessly on the case for years and a willingness on the attorney’s part to commit an enormous amount of money to the case, sometimes $200,000 to $300,000 to go to trial. Very few attorneys are willing to make those commitments.”
