Finding out that your child has cerebral palsy is devastating on its own, but discovering that the disorder is due to someone else’s negligence makes the entire situation much more challenging. Preventable birth injuries that are the result of medical mistakes are both unexpected, and unfair to the families that must deal with the life-long consequences. If you believe your child’s cerebral palsy is the result of a preventable birth injury, compensation may be available.
What are Preventable Birth Injuries?
Preventable birth injuries are those that occur during pregnancy or the birthing process. While the chances of these types of injuries are quite small, they can happen. Negligence is a key element in these kinds of injuries, and the most common causes include:
- Infections that should have been diagnosed and treated during pregnancy
- Failing to perform a cesarean section when medically necessary
- Failing to monitor fetal heart rate accurately during the delivery
- Negligence during childbirth, such as mistakes in the use of forceps, vacuums, and other delivery tools
- Improper dosages of medications during pregnancy or labor
If any of these situations occurred during your pregnancy or birth and your child was diagnosed with cerebral palsy (CP), you and your family deserve compensation.
Why Compensation Matters
Cerebral palsy is a life-long disorder, and the costs associated with treatment, care, and education can be astronomical. According to the Centers for Disease Care and Control, the lifetime costs associated with caring for a child with CP averages around $921,000. Apparently, most parents just cannot afford those costs on their own, and if the disorder was caused by a preventable birth injury, compensation would help.
Filing a Lawsuit
While the stress of taking care of your child may be overwhelming, determining whether you should file a lawsuit is an important consideration that is worth the additional stress. The compensation that may be available will help ensure that your child’s medical costs are covered, and provide you with the means of securing the best treatments possible. You and your child did not ask for this disorder, and if it occurred due to a doctor’s negligence, the situation warrants a lawsuit.
It might be difficult to determine if your child’s brain injury occurred due to a preventable birth injury, but consulting with an experienced attorney can help. First, he or she will be able to help you understand if you have a viable case. Second, lawyers can gather significant amounts of information about your particular case, which ensures that they can provide you with the proper guidance on whether you do or don’t have a negligence or malpractice case. If the evidence shows that your child’s condition was caused by one of these situations, your attorney will be able to help you build a strong case against the doctor or medical facility, ensuring you receive the highest amount of compensation available for you and your family.
Birth Injury Settlements
Many cases involving cerebral palsy caused by a preventable birth injury result in a settlement. This is an agreement that takes place between the plaintiff and the defendant in the case; wherein both parties agree on a specific payment amount for the damages. This allows both sides to avoid a drawn-out trial, while still ensuring that you are compensated fairly. In many cases, these settlements can be worth millions of dollars, making sure that you can afford the treatments and care that your child needs.
If you believe your child’s cerebral palsy is the result of negligence or malpractice that led to a preventable birth injury, contact an attorney. Both you and your baby deserve compensation, and you may even save some other family from having to go through the same thing.