Cerebral palsy (CP) is a birth injury that affects about 10,000 children born every year, making it among the most prevalent causes of childhood disability. CP drastically affects a child’s everyday life and can vary in severity. Unfortunately, cerebral palsy may develop not only during pregnancy but also because of negligence during childbirth. Medical professionals who act carelessly during delivery may be held liable for their irresponsible care.
If you believe your child was affected by a medical professional’s reckless error during delivery that resulted in cerebral palsy, you may be able to pursue damages from the medical practitioner. The Massachusetts cerebral palsy injury attorneys at Sweeney Merrigan Personal Injury Lawyers are available 24/7 for a free case evaluation. We make considerable efforts to ensure that you obtain the accountability you deserve. Call (774) 341-5778 or fill out our contact form today.
Why You Need a Massachusetts Cerebral Palsy Injury Lawyer
When we seek the aid of medical professionals, we put trust in their experience and trustworthy care. Unfortunately, in some cases, they may neglect to provide an adequate duty of care, and it may result in lasting consequences. When your child suffers as a result, you are left to bear the challenges of lifelong conditions like cerebral palsy. When a medical professional’s negligence is at fault for your child’s condition, you deserve the fierce advocacy of a cerebral palsy injury lawyer and a chance to obtain justice for the doctor’s error.
An experienced and compassionate cerebral palsy attorney will evaluate your case and help prove negligence. In most medical malpractice cases, the burden of proof is left to the victim. This means we must show that the medical professional’s actions directly resulted in injury and damages.
Pursuing a medical malpractice lawsuit is complex and involves investigations into medical records, collecting persuasive evidence, and verifying costs associated with your losses. A skilled Massachusetts cerebral palsy injury lawyer is equipped to handle all details of your claim so that you may focus on your child’s wellbeing and recovery. We fight for the justice you deserve.
Frequent Causes of Cerebral Palsy in Massachusetts
Cerebral palsy is caused by developmental malformations or damage caused to a developing brain causing an impairment of the brain’s ability to control body movement. The CDC projects that around 90% of all cerebral palsy cases are the result of brain damage occurring during pregnancy or childbirth. There are multiple types of cerebral palsy: spastic CP, dyskinetic CP, ataxic CP, and mixed.
The two different classifications of CP include congenital or acquired. Congenial CP is developed shortly after or during birth. Acquired CP is developed 28 days post-birth.
Frequent causes of congenital cerebral palsy include:
- Premature birth
- Multiple births (twins, triplets, etc.)
- Infections while pregnant
- Low birth weight
- Health conditions affecting the mother
- Birthing complications
- Jaundice
- Restricted airflow
Acquired cerebral palsy, although rare, is caused by the following:
- Brain injuries
- Infections in infants
- Restricted blood flow
If your baby’s life has been affected by cerebral palsy because of a medical practitioner’s negligence, speak to an experienced Massachusetts cerebral palsy attorney for an assessment of your case. We understand the complexities of a medical malpractice case and will use all of our resources to help you recover the necessary compensation you deserve.
Common Indicators and Symptoms of Cerebral Palsy
You may not be aware initially that your child is suffering from CP, but this condition may have developing symptoms that may be apparent later. If you notice your child is exhibiting the following symptoms or behaviors, they may have suffered an injury during birth that resulted in cerebral palsy:
- Loss of muscle movement
- Rigid or inflexible muscles
- Loss of coordination
- Muscle weakness
- Disoriented or unusual movements
- Tremors
- Paralysis on one side of the body
These symptoms may be an indicator that your child has sustained an injury during birth that resulted in cerebral palsy. If the actions of a negligent practitioner are to blame for your child’s condition, you have legal options in order to pursue accountability and justice for their reckless errors.
Compensation Obtained in Cerebral Palsy Injury Cases in Massachusetts
Having a child diagnosed with cerebral palsy may be challenging moving forward as you navigate their unique needs. Medical care can be expensive and can be a lifelong financial burden. If your baby’s CP diagnosis was caused by a negligent practitioner, you should not have to undertake the financial responsibility for their extensive care.
Pursuing necessary compensation can ensure you are able to receive quality medical care for the rest of your child’s life without having the financial burden on you. You may receive the following compensation for medical malpractice under Massachusetts law:
Compensatory Damages
Compensatory damages cover the cost of the injuries sustained in the medical malpractice incident. There are no monetary caps on this type of compensation, but there must be proof of damages. The following costs are covered by compensatory damages:
- Physical therapy
- In-home care
- Medical equipment
- Present and future medical bills
- Rehabilitation and medication management
- Increased living expenses
Proof of these types of damages includes medical bills, treatment plans, and other receipts. Speak to a skilled CP injury lawyer for help gathering the necessary evidence required.
Non-Economic Damages
Under Massachusetts law, non-economic damages are capped at $500,000, but the cap may be waived at a court’s discretion. These damages include intangible losses, such as:
- Pain and suffering
- Disability
- Disfigurement
- Loss of enjoyment of life
- Emotional distress
Emotional damages due to a cerebral palsy diagnosis can have a lasting impact on a family, especially when the condition is the result of negligence and carelessness on the part of the medical practitioner during birth.
Punitive Damages
Punitive damages are used as punishment and deterrents of repeating the same negligent action. These types of damages are rarely awarded but can be applied in cases of willful intent. If you believe negligence was to blame for your child’s cerebral palsy, speak to a seasoned Massachusetts cerebral palsy injury attorney for a chance to hold the responsible party accountable for their actions.
Speak to an Experienced Massachusetts Cerebral Palsy Injury Attorney at Sweeney Merrigan Personal Injury Lawyers
The award-winning legal team at Sweeney Merrigan Personal Injury Lawyers has helped make a meaningful difference in the lives of their clients. Speak to an experienced cerebral palsy injury attorney today at (774) 341-5778 or fill out our contact form for a complimentary consultation.
