Our lawyers for cerebral palsy may help your family and your child receive financial compensation.
When medical negligence results in harm to a child, and they suffer from cerebral palsy, monetary compensation may help them secure their future. It’s important to claim the compensation the child deserves, including both current needs and likely future expenses.
When inadequate medical care causes injury to your child, a cerebral palsy lawyer at Rikard & Protopapas may help your child claim financial compensation appropriate under South Carolina law.
Taking new cerebral palsy cases involving medical negligence
The Rikard & Protopapas medical malpractice lawyers in Columbia are currently taking new cases. Financial compensation may give your child security and access to the care they need in the future. However, claims regarding cerebral palsy are highly technical, requiring detailed medical evidence to be successful. With a 20-plus-year history of helping over 1,600 clients, the Rikard & Protopapas legal team has a history of success helping people get the compensation they need and deserve.
Talk to a lawyer and start your case today.
Understanding Cerebral Palsy from Birth Injuries
Cerebral palsy is a neurological disorder. Medical negligence or malpractice during labor and delivery may contribute to brain damage and cerebral palsy.
A child who sustains an injury in childbirth, resulting in cerebral palsy, is likely to face lifelong challenges. These challenges come with lifelong needs for medical and personal care. When cerebral palsy is the result of medical negligence, the child may claim financial compensation. This compensation may be critical to their care and quality of life in the future.
Cases We Handle Involving Cerebral Palsy in Childbirth
Vacuum extraction is a suction process to assist the baby out of the birth canal. If the baby is distressed, or if the mother has a condition that makes delivery difficult, vacuum extraction may be used. There are several ways that injury may occur in the use of a vacuum extraction, like putting the cup in the wrong position on the infant, using the wrong size cup, too much twisting of the head or neck, and using too much force. When injuries are the result of negligence, a child may qualify to receive financial compensation.
Birth attendants may use forceps to help the baby out of the birth canal. The forceps grasp the baby’s head. Forceps may speed delivery when there are signs of distress. They may be used to turn the baby around. If the child is not in the correct position, or if they are not far enough in the birth canal, the child may be injured by forceps use. Pulling and pressure on the baby’s head may cause damage, resulting in cerebral palsy.
Hypoxia means low oxygen levels. There are many causes for fetal oxygen deprivation including placental abruption, a prolapsed umbilical cord, low blood pressure of the mother, prolonged labor, brain trauma, and abnormal position of the fetus. Cerebral palsy may occur when a baby is deprived of oxygen in childbirth.
Legal basis for a cerebral palsy birth injury claim
Medical care providers have a legal duty to provide adequate medical services. Healthcare must be provided with adequate skill and attention. Doctors, nurses, and other attendants involved in childbirth have a duty to render care to acceptable, prevailing standards. When they fail in their duty, they are responsible for medical negligence.
Acts and omissions resulting in cerebral palsy may include:
- Failing to recognize signs of fetal distress
- Inadequate attention to the fetal heart monitor
- Not responding to warning signs
- Incorrect use and poor handling of instruments during birth including vacuum extraction and forceps
- Delayed C-section, contributing to loss of oxygen
- Failing to appropriately account for risk factors like premature birth, low birthweight, and multiple births
A successful claim demonstrates how medical negligence resulted in harm to the child. Typically, this requires extensive medical evidence and expert witnesses.
Symptoms and characteristics of cerebral palsy
Characteristics and limitations of cerebral palsy may include:
- Weak muscles, rigid or floppy muscle tone, tremors, poor coordination
- Impaired vision, hearing, and perception
- Speech difficulties
- Drooling, trouble swallowing, and difficulty eating
- Walking impairments
- Intellectual disabilities including thinking and reasoning
- Delayed movement including rolling over, crawling, and walking
- Other difficulties and limitations
People with cerebral palsy may have complications like malnutrition, pain, abnormal bone development, and joint deformities.
Treatment and care for cerebral palsy
Children with cerebral palsy may need a lifetime of care and intervention. Treatment may include:
- Physical, occupational, and speech therapies
- Surgery to lengthen muscles and calm nerves
- Assistive devices like braces and splints
- Medication, including muscle relaxers
Cerebral palsy varies in severity. Some people lead relatively normal lives. Others may be non-verbal and mobility impaired. They may need significant care throughout their lives.
Success in a cerebral palsy injury claim requires identifying the impact of the injury on the child. It requires medically documenting the severity of the injury. As your representatives, we work with expert witnesses to gather the medical information needed to bring the claim. We work to include current and future damages, ensuring that the claim looks at the entire picture and your child’s future.
Why Choose Our Experienced Lawyers?
With a team of ten lawyers and tens of millions collected for our clients, we have the experience and resources to meet your legal needs. We work with experts to document your child’s injuries, their financial impact, and how cerebral palsy is likely to affect your child in the years to come.
Our lawyers hold the AV® PreeminentTM rating and have been recognized by Columbia Living Magazine as Top Attorney and Top Rated Personal Injury Attorney. We have been rated by Super Lawyers as Top Rated Medical Malpractice Attorneys.
Consultations available now
Free consultations are available with the Rikard & Protopapas medical malpractice lawyers. We help you understand the legal options and strategies to maximize any potential recovery. We utilize contingency fees and other fee agreements for services.
Call or message us today to talk about your case.