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Nashua Cerebral Palsy Lawyer

There is nothing more precious than the act of birthing a child. When that process is halted by the carelessness of a negligent healthcare professional, the aftermath can be overwhelming to navigate. Unfortunately, many children fall victim to birthing injuries each year and are left with a cerebral palsy diagnosis as a result. The neurological disorder can affect the child’s motor and cognitive functions, and everyone’s reaction is different.

The team at Sweeney Merrigan Personal Injury Lawyers deeply understands how traumatic surviving a birthing injury can be. With decades of experience helping our clients get the financial compensation and justice they need for peace of mind, we would love to speak with you and provide the same outcome. For a better understanding of how we can help, please use our contact form or give us a call at 617-391-9001.

What Constitutes Medical Malpractice in Nashua, NH?

A birth injury is an injury that occurs during the birthing process. When it is a direct result of negligence or recklessness, it is considered medical malpractice in Nashua, New Hampshire. Medical malpractice resulting in a cerebral palsy diagnosis can come from a variety of reckless actions, including:

  • Improper usage of forceps or other tools
  • Failure to correctly read heart monitor warnings
  • Failure to conduct a cesarean section when necessary
  • Incorrect delaying of the birthing process

Medical malpractice is a very serious form of personal injury and should be handled with respect and compassion by a knowledgeable Nashua cerebral palsy attorney. Cerebral palsy can take a while to reveal itself, as the symptoms can take up to 18 months to show. As soon as you suspect you and your child have fallen victim to a birthing injury, it is imperative you reach out to someone to help with legal recourse as soon as possible. New Hampshire currently has a statute of limitations of three years to file a medical malpractice claim. This is either three years from the date of the accident or three years from the date of receiving the diagnosis.

Determining Liability in a Birth Injury Case

  • When an expecting mother enters a professional healthcare institution, a certain level of expertise and professionalism is expected of the doctors, nurses, and other healthcare staff. When determining liability in a birth injury or medical malpractice case, your Nashua cerebral palsy lawyer will use the four components of negligence to demonstrate they are at fault for the injury and the cerebral palsy diagnosis. The four components include:
  • Standard of care: For an expectant mother, the standard of care is that the doctor does everything in their power to ensure the birthing process is safe for both the mother and child.
  • Breach of care: When the doctor fails to see warning signs, ignores warning signs, or improperly uses tools or equipment, this is considered a breach of care.
  • Causation and resulting damages: When this breach directly affects the child and results in their cerebral palsy diagnosis, the healthcare professional may be held liable for their reckless actions.

Proving negligence will take an investigation into the circumstances surrounding the birth and expected level of care. Your Nashua cerebral palsy attorney will begin to collect and assess relevant evidence, such as medical reports, eyewitness accounts, and expert testimony.

What Damages are you Entitled to After a Birth Injury Case?

Cerebral palsy is a lifelong neurological condition that can severely affect the motor skills and cognitive function of the diagnosed individual. When your child is a victim of medical malpractice, you and your family are owed compensation. Your attorney will fight diligently for economic and non-economic damages, which can cover the following costs:

  • Past, present, and future medical bills
  • Physical therapy
  • Wheelchair, walker, or any other form of transportation aid
  • Endured pain and suffering
  • Depression and anxiety as a result of the diagnosis

New Hampshire does not currently have a cap on non-economic damages. For cases where your Nashua cerebral palsy lawyer finds the doctor or other medical provider to have been grossly or wantonly negligent, you may also be entitled to punitive damages. These are not correlated to the degree of medical malpractice but instead act as a penalty for the knowing recklessness of the medical provider. For questions on what damages you and your family may qualify for, it’s best to consult with Sweeney Merrigan Personal Injury Lawyers today.

Speak to a Nashua, NH Cerebral Palsy Lawyer Now

Our compassionate medical malpractice attorneys in Nashua, New Hampshire, have recovered millions in compensation for our clients and are ready to do the same for you. Co-managing partner of Sweeney Merrigan Personal Injury Lawyers, J. Tucker Merrigan, has devoted his career to medical malpractice and personal injury claims and has seen tremendous success when it comes to getting his clients the results they are looking for.

Speak to an actual Nashua cerebral palsy lawyer and get the process started today by calling our office at 617-391-9001 or filling out our contact form.

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