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.
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 medical malpractice attorney.
At Hodes Milman, 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.
You may be wondering – could this have been prevented? How will life be for your baby? Was there anything you could have done?
How will life be for your baby? Was there anything you could have done differently?
We are here to answer your questions and want to begin by affirming that what has happened to your baby is not your fault. During this difficult time, it’s important not to put any blame on yourself and to find the emotional support your family needs.
Instances of medical negligence, especially cerebral palsy, are as unique as the human fingerprint. A consultation can help provide answers to your 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, private consultation at no obligation to help you and your family determine your next steps.
For more information on cerebral palsy, we have included the content below which may ask many more general questions. As 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 OCTLA.
What is Cerebral Palsy?
Cerebral palsy is an umbrella term that defines neurological disorders caused by damage to a developing brain, usually before or during birth. The disorder mostly impairs body movement and muscle coordination, but it can also affect mental development, vision and cause seizures.
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
Is there any good news for medical treatment?
Yes! Science has made major advancements with less-invasive surgeries, easier to use mobility options, pain management, and there have been tremendous advances to maximize 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.
A major reason for retaining a lawyer and filing a cerebral palsy lawsuit is to recover compensation to establish a trust for future medical bills, assisted living, and the latest treatments.
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 generally causes uncontrollable muscle movements, abrupt twitches and difficulty speaking. These involuntary movements, which are out of 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 trouble with depth perception and shakiness.
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.
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, a premature birth and low birthrate 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, when a child is born with cerebral palsy, it does not necessarily mean the doctor was at fault.
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. This is why it is highly advised that you seek the help of an experienced medical negligence attorney. 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 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, and front the cost of experts, depositions of doctors and medical staff, as well as help refer to medical specialists to make the process easier.
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 each son or daughter is unique, each child will handle cerebral palsy differently. It’s important to allow yourself time for an adjustment period, so that you can learn about your child’s needs and begin to 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, he or she 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 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 and what you recall from that day. Sometimes having someone to talk to that understands can be just the help you need right now.
Contact a Cerebral Palsy Attorney
At Hodes Milman, 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 day or night 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.
Experience You Can Trust
For more than 30 years, Hodes Milman has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
Featured in the News
For their support of the Veterans Legal Institute, Managing Partners Jeff Milman and Dan Hodes received special recognition from the State of California, Congress and the United States. The firm has fought relentlessly to protect those who have served the country in matters involving medical malpractice, medical negligence and federal... Read More