When you learn that your child has cerebral palsy, the news is overwhelming and emotional. You want answers. How did this happen? Could it have been avoided? Unfortunately, cerebral palsy is sometimes caused by medical mistakes during pregnancy, labor, or delivery, and you may need to file a birth injury lawsuit.

What Can Cause Cerebral Palsy in Newborns?

Cerebral palsy is a neurological condition that affects coordination, movement, and sometimes cognitive function. It’s often caused by brain damage that happens during the birthing process. Some cases can be linked to genetics or don’t have a known cause, but many happen because of preventable medical mistakes.

Some of the common things that cause cerebral palsy include:

  • Oxygen Deprivation: The baby doesn’t get enough oxygen during delivery
  • Failure to Monitor Distress: Medical staff fail to watch both mom and the baby during labor and miss fetal distress signals
  • Improper Use of Delivery Tools: Tools can cause trauma to the baby’s head and neck when used incorrectly
  • Infections During Pregnancy: Maternal infections can cause problems if not treated
  • Untreated Jaundice: Severe cases can lead to a type of brain damage called kernicterus

Any number of other factors could lead to birth injuries. Whatever the reason, if you think your baby’s condition was caused by medical negligence, you likely have grounds for a lawsuit.

When Can You File a Birth Injury Lawsuit?

No one ever expects to have to file a birth injury lawsuit, but it might be necessary when a mistake causes your child permanent injury. The first step is to determine whether you have a valid case or not.

You could be eligible to file a lawsuit if:

  • There was a breach of the standard of care
  • Your child’s cerebral palsy was preventable
  • You can show clear damages

Florida has a statute of limitations of typically two years from the day the injury was discovered to file a lawsuit. However, some exceptions apply, so talking to a birth injury attorney will help you make sure you don’t miss the deadline.

Proving Negligence in a Birth Injury Case

One of the biggest challenges in a birth injury lawsuit is proving that the mistake directly caused your child’s cerebral palsy. To do this, you’ll need to prove four main points, including:

  • Duty of Care: The provider owed you and your baby a duty of care
  • Breach of Duty: The provider breached this duty by not following accepted medical practices
  • Causation: The breach of duty caused your child’s injuries
  • Damages: You and your baby have suffered measurable damages

Birth injuries can get complicated, so having a strong birth injury lawyer is vital to building a solid case that will stand up in court.

Compensation You May Be Eligible For

Your exact compensation will depend on your situation, but your payout is meant to cover the physical, emotional, and financial burdens you’ll face in the aftermath of your baby’s birth injury. Most cases see reimbursement for:

  • Medical costs (both past and current)
  • Ongoing rehab and therapy costs (physical, occupational, speech)
  • Lost wages (for work missed while caring for your baby)
  • Pain and suffering (for both you and your child)
  • Special education (special schooling, tutoring, or equipment)
  • Home modifications (like wheelchair ramps, if required)

Your lawyer will be able to help you figure out exactly what you can file for, and they can give you a better idea of the ballpark amount you might be able to collect.

Importance of Legal Representation

Given the complexity of cerebral palsy lawsuits, it’s a good idea to have a strong birth injury attorney in your corner. They know the ins and outs of the law and can provide:

  • Guidance on the legal process so you know your rights and what your claim needs to stand up in court
  • Expert testimony from medical providers to prove negligence and establish liability
  • Knowledge that will improve your chances of getting the most compensation out of your case
  • Paperwork handling services so that you don’t miss any deadlines

In these types of cases, strong legal counsel can make all the difference in getting justice for your child and getting the payout you need to care for them.

Frequently Asked Questions

How Long Does a Birth Injury Lawsuit Take to Resolve?

The timeline for a birth injury lawsuit can vary and depends on how complicated your case is. Some settle within a few months, while others can drag on for several years if they have to go to trial.

What if the Hospital or Doctor Deny Responsibility?

This isn’t uncommon. However, you don’t need a confession to prove your case. A good lawyer will find the evidence, talk to experts, and put together a strong claim for you. Even if the provider denies fault, you’re entitled to compensation for the mistake.

Can I File a Lawsuit if My Child’s Cerebral Palsy Was Diagnosed Years After Birth?

Yes. In some cases, you can file even if your baby’s diagnosis came years down the line. The statute of limitations might let you file from the date of discovery of the injury rather than the day that it happened.

What if I Can’t Afford a Lawyer?

Most firms work on a contingency fee basis. This means that you don’t pay any upfront fees, and your legal counsel will only get paid if you win your case or reach a settlement. Any legal fees and costs will be taken out of the final payout amount. This way, families can seek justice without having to worry about how to pay their lawyers.

The Path to Healing Begins With Justice for Your Child

If you believe medical negligence or a mistake played a part in your baby developing cerebral palsy, you don’t have to face the challenge alone. Contact Ratzan Weissman & Boldt today to schedule a free consultation of your case. We’ll fight to protect your rights and get you the compensation you and your family deserve.