Orange County Cerebral Palsy Lawyers
It’s difficult to comprehend that even the most experienced medical professionals can make mistakes, grow inattentive, or neglect to observe a sensitive condition.
Even harder to imagine is entrusting your newborn baby to a nurse or obstetrician who may not be properly responding to your needs. No parent would, and yet countless birth injuries are caused every year by medical negligence.
At Hodes Milman, LLP we provide unwavering legal representation for those affected by cerebral palsy injuries caused by malpractice. We service the Orange County area and beyond and are ready to pursue justice on your behalf.
According to the Mayo Clinic, mild to severe cases of cerebral palsy occur at about a rate of 200,000 per year, with an estimated 10% of these cases caused by medical negligence. If you think your child was affected by cerebral palsy as a direct result of a birth injury or medical negligence, you may want to speak with a qualified cerebral palsy lawyer.
In the video below, attorney Ben Ikuta talks about the challenges that come with filing a birth injury lawsuit, such as for cerebral palsy, and how qualified and experienced birth injury attorneys can make all the difference in your child’s case.
At Hodes Milman, LLP we want to help you and your family. We have walked with many mothers and fathers through birth injury cases, and as parents ourselves, we know the challenges your family faces with such a heartbreaking ordeal. When you work with us, we maximize your case results by employing every resource available.
Instances of medical negligence, especially cerebral palsy, are as unique as the human fingerprint. A consultation can help provide answers to all of your most pressing questions.
If you are ready to speak with a cerebral palsy lawyer today, contact our team at any time by calling (949) 640-8222. We will give you a free, no-obligation, private consultation to help you and your family determine your next steps.
For more information on cerebral palsy, we have included the content below, which may answer many more general questions. This is a lifelong condition, and if caused by medical negligence, your best answers will come from a lawyer experienced in litigation against hospitals.
Click here to learn more about our partners, including Daniel Hodes, who has been nominated a record-setting three times as the “Top Gun” for medical malpractice by the Orange County Trial Lawyers Association (OCTLA).
At Hodes Milman, LLP we work hard to ensure our clients obtain the best possible case results for their claims. Our past verdicts and settlements have included:
Record Jury Verdict for a 34-year-old woman in a failure to diagnose cancer lawsuit
Jury Verdict in a medical negligence case involving cardiac complications in a 39-year-old male
Settlement in a case involving mis-programming by a doctor
What is Cerebral Palsy?
Cerebral palsy (CP) is an umbrella term that defines neurological disorders caused by damage to a developing brain, usually before or during birth.
Facts about cerebral palsy include:
- It is non-progressive and typically does not worsen as time goes on
- While it does not usually worsen, cerebral palsy is permanent
- There is currently no known cure for cerebral palsy
The disorder mostly impairs body movement and muscle coordination, but it can also affect mental development, impair vision, and cause seizures.
Is There Any Good News for Medical Treatment?
Yes, science has made major advancements with less-invasive surgeries, easier to use mobility options, and pain management options. There have been tremendous advances in this area to maximize the learning potential for severe cases.
There are comprehensive plans available through insurance and alternative medicines from acupuncture and aqua therapy to yoga. It is important to understand that many of the most advanced treatments may not be covered by insurance, and it is difficult to determine what could be available soon after the birth of your child.
Pursuing legal action can help secure financial assistance for treatments that aren’t covered by conventional insurance.
Another major reason for retaining a cerebral palsy lawyer and filing a lawsuit is to recover compensation to establish a trust for future medical bills, assisted living, and the latest treatments.
GET A FREE CASE REVIEW
What Are the Types and Symptoms of Cerebral Palsy?
There are three main types of cerebral palsy, each carrying its own symptoms and complications:
1. Spastic Cerebral Palsy
The most common type of cerebral palsy, Spastic Cerebral Palsy, can develop before birth, during delivery, or within the first few years of life. Spastic CP carries a variety of symptoms, including tight muscles, limbs shorter on one side, and trouble speaking or forming words.
2. Dyskinetic Cerebral Palsy
Known as “Athetoid Cerebral Palsy” and “ADCP,” this type of cerebral palsy often causes uncontrollable muscle movements, abrupt twitches, and difficulty speaking. These involuntary movements, which are out of a person’s control, are particularly noticeable when the person attempts to move.
3. Ataxic Cerebral Palsy
Ataxic Cerebral Palsy affects balance and coordination, specifically, in the hands, arms, legs, feet, eyes, and speech. Ataxic CP is the result of a brain injury to the cerebellum either before, during, or directly after birth. Other symptoms include shakiness and trouble with depth perception.
The most common and universal symptoms associated with each type of cerebral palsy are stiff and weak muscles, trouble with balance, uncontrollable movements, and impaired speech.
In the most severe cases, a child can suffer from a combination of all three types of cerebral palsy.
What Are Common Causes of Cerebral Palsy?
Cerebral palsy is caused by damage to the brain while it is still developing. Injuries to the brain at this stage can have serious consequences to a child’s development of muscle control, tone, reflex, posture, and balance.
Infections in the mother during pregnancy, premature birth, and low birth rate are all risk factors for causing cerebral palsy. It can also stem from a doctor’s mistake during the delivery process.
Though please keep in mind, that when a child is born with cerebral palsy, it does not necessarily mean the doctor was at fault. But, in cases where a medical professional may be liable for the injury, it may be necessary to pursue legal action to recover damages associated with the negligence.
What Medical Mistakes Cause Cerebral Palsy? Can You Sue for Cerebral Palsy?
Did your obstetrician fail to do any of the following? If so, your baby may have cerebral palsy because of medical malpractice or negligence:
- Failure to detect or treat infections during pregnancy
- Failure to monitor fetal heart rate before and during labor and birth
- Failure to recognize the need for a cesarean procedure
- Failure to perform a necessary cesarean section
- Failure to properly use instruments during the delivery
- Failure to detect a prolapsed umbilical cord
Proving a case against medical professionals can be difficult, especially while learning the complexities of having a child with cerebral palsy. For instance, you must be able to show that the doctor, medical staff, or hospital’s failure directly led to the injuries and damages. This is why it is highly advised that you seek the help of an experienced medical negligence attorney.
This can be an expensive, time-consuming, and complex process for parents who will already have a demanding schedule to accommodate their child. However, an experienced attorney can shoulder this burden for you. They can also front the cost of experts, depositions of doctors, and medical staff, as well as help refer to medical specialists to make the process easier.
How Much Is My Cerebral Palsy Case Worth?
Every cerebral palsy case is unique and will involve different factors. Damages in a cerebral palsy lawsuit can cover various expenses, including:
- Hospital and medical bills
- Costs of home care services and equipment
- Treatment methods not normally covered by insurance
- Pain and suffering (where applicable)
Compensation could afford your child better treatment, special assistance equipment, and a higher quality of life in the future. It could also help cover rising medical expenses. At any rate, if you think your baby was harmed by a medical error, it’s worth a consultation to understand your rights.
Our lawyers have been helping families recover from birth injuries for more than three decades. Ask us how, and set up your private, free consultation by calling us today at (949) 640-8222.
“My daughter was born with a disability due to doctor neglect. I emailed over 200 lawyers over a 2-year time span. I had ONE lawyer believe in my case and he worked with Jeff Milman over the next year helping build my case. Jeff won my case and I cannot thank him enough for believing in me!! He was so pleasant to work with and professional. I will forever be thankful to him and his team!”
– Kymbirley B.
Caring for a Child with Cerebral Palsy
As every person is unique, each child will handle their individual cerebral palsy case differently. It’s important to allow yourself time for an adjustment period so that you can learn about your child’s needs and plan accordingly. There is no right or wrong way to do this, and everyone will be learning, so it is okay to take your time.
To help make the adjustment period smoother for your family, consider the following tips:
Communicating might be challenging, but it is fundamental. There are options such as electronic devices, learning sign language, and meeting with a speech therapist.
Depending on your child’s condition, they may need help brushing their teeth, hair, and getting dressed. In-home care may be an option to assist with other tasks and for monitoring purposes.
Your child may require a special diet. Preparing meals in advance will help save time during family gatherings, and staying on a routine can make this more manageable.
After therapy and rehabilitation classes, following up with your child on a daily basis can greatly benefit their overall independence and development. Your child may need assistance with several activities, but empowering them to learn certain ones on their own is encouraged if at all possible.
Cerebral palsy is a permanent condition that necessitates constant treatment and care. Between medical and living costs, caring for a child with even moderate cerebral palsy can cost over one million dollars in a lifetime. This can include:
- Specialist Appointments
- Automobile Modifications
- Special Education Programs
- Therapy Sessions
Your family could qualify for financial assistance to help cover these costs. If medical malpractice is indeed the reason for your child’s condition, resources may be available to you from government benefits, and non-profit organizations. However, if medical malpractice is to blame, only by filing a lawsuit will there be a guaranteed trust to help your child.
The financial strain of caring for a child with cerebral palsy can feel overwhelming – we understand. You might not have considered getting legal representation up until now, and it can make all the difference for your family. Simply take the first step by giving us a call to tell us your story. Sometimes having someone to talk to that understands can be just the help you need right now.
Contact a Cerebral Palsy Lawyer
At Hodes Milman, LLP we have fought on behalf of many families who have been harmed by the negligence of a doctor or hospital, and we have won them the compensation and justice they deserve for their child.
If you believe negligence is responsible for your child’s cerebral palsy condition, we want to hear from you. Contact us by calling (949) 640-8222 for a no-cost, no-obligation consultation. From making phone calls on your behalf to collecting medical records, we will do all of the work.
Let us help you put your family first.
Cerebral Palsy FAQs
What Is the Main Cause of Cerebral Palsy?
The main cause of cerebral palsy is brain damage within the first few months or years of an infant’s life. This can be traced to issues like infections or mishandling of the infant. If you suspect that medical negligence or malpractice caused any instance of cerebral palsy, you may have a legal claim and may need to hire a cerebral palsy lawyer for representation.
Can Cerebral Palsy Be Cured?
Currently, there are no cures for cerebral palsy, although research in this area is ongoing. Thus, cerebral palsy can result in permanent, life-altering changes that stay with the person throughout their lifetime. These changes can affect family members and may require additional care, treatment, and attention throughout the person’s life.
How Long Do You Have to Sue for Cerebral Palsy Injuries?
In California, cerebral palsy lawsuits must be filed within three years from the date of the injury that caused the condition. If you didn’t know about the cerebral palsy until after the three-year filing period, you may be able to file suit within one year of the date you discovered the cerebral palsy injury.
A qualified lawyer can help you understand when and how to file your case. It is important to contact a lawyer promptly so you don’t miss your opportunity to file a claim.
How Can a Cerebral Palsy Lawyer Help Me?
The issues and laws surrounding cerebral palsy claims can be complex. A qualified cerebral palsy attorney can help you gather the necessary information for trial, and can explain what your legal rights and options are.
At Hodes Milman, LLP our attorneys have decades of combined experience dealing with high-profile medical injury cases for our clients. Get in touch with us at (949) 640-8222 for a free, no-obligation consultation for your case.
ABOUT HODES MILMAN, LLP
Hodes Milman, LLP has won $200 million and has over 30 years of experience securing justice for victims of negligence. We are proud to call our clients family and offer them the resourceful, committed and accessible legal advocacy they deserve.
GET A FREE CASE REVIEW
HONORS & AWARDS