Below are some commonly asked questions answered by a cerebral palsy attorney? There is a lot of medical and legal information to absorb as the parent of a child with cerebral palsy. It is our hope that the below information provides you with some peace of mind and that you find it helpful.
Is cerebral palsy a birth injury or a birth defect?
Cerebral palsy is often caused by birth injury. Often, the baby's brain is injured by a lack of oxygen. A birth injury occurs at during birth, at birth, or soon after birth while the baby is in the care of medical professionals such as your doctor.
On the other hand, a birth defect occurs during pregnancy and is not always associated with faulty medical care. For instance, birth defects may be caused by genetic malformations or maternal infections.
Can my child's cerebral palsy be cured?
Sadly, there is no way to turn back the clock and prevent or cure your child's cerebral palsy. It is caused by permanent and irreversible brain damage; therefore, there is no cure.
The good news is that the physical effects can be treated with early intervention, physical therapy, and surgery. Technology and medical advances help your child to function and communicate. Motor skills, muscle development, and speech can all be improved.
Early intervention is the key so be sure to get your child help as soon as you can. A cerebral palsy attorney will help you to get the financial compensation you need to pay for all of this necessary medical care, nursing, and schooling.
Could my child's cerebral palsy have been prevented?
Perhaps; many cerebral palsy cases could have been prevented (because the birth injury that causes the cerebral palsy could have been prevented.) Medical negligence (i.e. medical malpractice) is a common factor. Examples of medical negligence would include waiting too long to perform a cesarean section, mishandling of the child's skull, or an undetected lack of oxygen.
Should I hire cerebral palsy attorneys?
If you speak to other parents in your situation, the advice would likely be to hire cerebral palsy attorneys. It is unlikely that a layperson (or even an attorney who practices in a different field of law) could successfully navigate the medical, legal, and medical malpractice insurance systems. And, the paperwork can be overwhelming to a layperson.
If you haven't had to negotiate with an insurance company yet, you may believe their representation on television. No insurance company is your friend. They will tape your conversations and use your words against you later, send your complicated legalese paperwork, and tell you that their settlement offer is more than fair, even generous.
Your child needs you to consult with a qualified cerebral palsy attorney. Your attorney is legally on your side, representing your best interests and getting you the compensation you need to care for your child for a lifetime.