What is the first step towards pursuing a cerebral palsy lawsuit?
Before a cerebral palsy lawsuit… can be initiated, the circumstances of the particular case must be carefully evaluated by lawyers and doctors to determine if the negligence of the physician
Should parents be concerned if their child has been diagnosed with meconium aspiration syndrome?
Meconium aspiration syndrome… (MAS) is a condition where a newborn breathes meconium (newborn’s first stools – thick, sticky, greenish-black color) and amniotic fluid into the lungs before, during, or after
What are the causes of cerebral palsy?
…There are many factors that can lead to the diagnosis of cerebral palsy.
Cerebral palsy is caused by a brain abnormality or injury that usually occurs during pregnancy or a
What is fetal monitoring and why is it relevant do evaluating cerebral palsy cases from a medical – legal perspective?
…Electronic fetal monitoring (“EFM”) has helped decrease fetal and neonatal death rates by helping identify fetal distress. Fetal monitoring is intended to prevent fetal hypoxia when it starts by monitoring
The amount a child with cerebral palsy can potentially receive from a birth injury lawsuit is dependent upon the applicable laws of the jurisdiction and the type of disability that the child has.
Calculating future care needs…
A significant component of most jury verdicts in cerebral palsy cases consists of past and future medical expenses and similar care needs. In
Most lawyers who represent families in lawsuits involving medical negligence and birth injuries work on a contingency fee. Under the terms of most contingency fee arrangements, the lawyers receive a fixed percentage of the recovery via settlement or trial.
No out-of-pocket expenses…
When it comes to the costs associated with a cerebral palsy lawsuit, most lawyer similarly advance case costs
All medical malpractice cases are governed by time constraints for initiating a lawsuit. The amount of set forth for filing a cerebral palsy lawsuit is governed by the ‘statute of limitations’ in the particular jurisdiction. Failure to comply with the applicable statute of limitations can forever prevent a claim or recovery.
Calculating the statute of limitations for CP cases…
Before a cerebral palsy lawsuit can be initiated, the circumstances of the particular case must be carefully evaluated by lawyers and doctors to determine if the negligence of the physician or other medical professional was to blame for your child’s cerebral palsy.
Getting medical records and fetal monitoring strips…
Paramount to evaluating cerebral palsy cases, are the medical records.
Meconium aspiration syndrome (MAS) is a condition where a newborn breathes meconium (newborn’s first stools – thick, sticky, greenish-black color) and amniotic fluid into the lungs before, during, or after delivery. When a baby is under stress or not receiving enough oxygen or blood, the baby can pass feces while still in the uterus.
Once this happens,
If the development of an individual’s cerebral palsy is related to the negligent care… of a doctor, hospital or midwife, most jurisdictions allow for the parents or guardian pursue a case on their child’s behalf. While some jurisdictions limit the compensation that an injured party may seek for intangible damages such as pain and suffering or disfigurement, most jurisdictions allow
Cerebral palsy can be caused be lack of oxygen to the baby’s brain during labor and delivery. When a child is deprived of oxygen before, during or after birth, they can face a lifetime of complications, including cerebral palsy.
Determining the overall health of the child…
When a mother arrives at the hospital to deliver her baby, she should be
There are many factors that can lead to the diagnosis of cerebral palsy.
Cerebral palsy is caused by a brain abnormality or injury that usually occurs during pregnancy or a botched labor and delivery. There are several factors that can lead to problems with brain development.
Problems during labor and delivery:…
Lack of oxygen to the baby during labor and delivery
Electronic fetal monitoring (“EFM”) has helped decrease fetal and neonatal death rates by helping identify fetal distress. Fetal monitoring is intended to prevent fetal hypoxia when it starts by monitoring the fetus in the womb and identifying signs of fetal distress.
Timing is crucial to responding to fetal distress…
Fetal distress refers to an abnormal fetal heart rate pattern that
A recently filed medical malpractice lawsuit alleges that an obstetrician’s negligence during the delivery of a baby is to blame for an injury to a child’s shoulder– known as shoulder dystocia or Erb’s Palsy….
The lawsuit, brought on behalf of the minor child, alleges the doctor should have known that the baby was at an increased risk for sustaining
Medical expert testimony will almost always be required in cerebral palsy or birth injury lawsuits…. In many birth injury cases, expert witnesses fall into two distinct categories: 1) experts to establish the standard of care and causation and 2) experts to establish resulting damages. If the case proceeds to trial, the experts are likely called upon to testify in