Cerebral palsy (CP) is a lifelong condition caused by damage to the developing brain, often occurring before, during, or shortly after birth. In many cases, cerebral palsy results from medical negligence during pregnancy, labor, or delivery. This negligence may involve failure to monitor fetal distress, delayed C-section, improper use of delivery tools, or oxygen deprivation during birth.
If your child has been diagnosed with cerebral palsy due to medical malpractice, a San Diego cerebral palsy lawyer can help you seek justice and obtain compensation for your child’s medical care, future needs, and quality of life.
Understanding Cerebral Palsy and Its Causes
Cerebral palsy affects muscle control, coordination, and movement, resulting in a wide range of physical and cognitive impairments. The condition is classified into several types, including:
Types of Cerebral Palsy
- Spastic Cerebral Palsy – The most common form, causing stiff muscles and difficulty with movement.
- Athetoid (Dyskinetic) Cerebral Palsy – Characterized by involuntary movements and muscle tone fluctuations.
- Ataxic Cerebral Palsy – Affects balance and coordination, leading to shaky movements.
- Mixed Cerebral Palsy – A combination of symptoms from different types.
Common Causes of Cerebral Palsy
Cerebral palsy can result from several factors, many of which are preventable with proper medical care. Some common causes include:
- Oxygen deprivation (birth asphyxia) – Can occur during prolonged labor or delivery complications.
- Failure to monitor fetal distress – Ignoring or misinterpreting signs of oxygen deprivation.
- Delayed C-section – Not performing a timely C-section when the baby is in distress.
- Improper use of delivery tools – Misuse of forceps or vacuum extractors, causing head trauma.
- Maternal infections or untreated medical conditions – Can lead to complications affecting the baby’s brain development.
Signs and Symptoms of Cerebral Palsy
The symptoms of cerebral palsy vary depending on the type and severity of the condition. Common signs include:
- Developmental delays – Difficulty reaching milestones such as sitting, crawling, or walking.
- Muscle stiffness or weakness – Leading to abnormal posture and difficulty moving.
- Poor coordination and balance – Making simple tasks challenging.
- Speech and swallowing difficulties
- Seizures
- Cognitive impairments – Learning disabilities or developmental delays.
If your child shows signs of cerebral palsy, it’s crucial to seek medical evaluation and legal advice from a San Diego cerebral palsy lawyer.
How Medical Negligence Causes Cerebral Palsy
Medical professionals have a duty to provide competent care and monitor for signs of complications. When they fail to meet this standard, the risk of cerebral palsy increases. Common examples of medical negligence include:
- Failure to detect and treat maternal infections
- Mismanagement of high-risk pregnancies
- Ignoring signs of fetal distress during labor
- Delaying necessary interventions, such as a C-section
- Improper handling of the newborn immediately after birth
A San Diego cerebral palsy lawyer will investigate your case to determine whether negligence played a role in your child’s condition.
Compensation Available in a Cerebral Palsy Lawsuit
Raising a child with cerebral palsy can be emotionally and financially overwhelming. Victims of medical malpractice may be entitled to substantial compensation to cover current and future needs. Potential damages include:
Economic Damages
- Medical expenses – Past and future medical care, including surgeries, medications, and therapies.
- Rehabilitation and therapy costs – Physical therapy, occupational therapy, and speech therapy.
- Assistive devices – Wheelchairs, braces, communication devices, and home modifications.
- Special education expenses – Customized learning programs and tutoring.
- Lost wages and reduced earning capacity – For parents who must reduce work hours or stop working to care for their child.
Non-Economic Damages
- Pain and suffering – Physical pain and emotional distress caused by the injury.
- Emotional trauma – Anxiety, depression, and PTSD for both the child and family members.
- Loss of enjoyment of life – The impact on the child’s ability to participate in everyday activities.
Punitive Damages
In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter future misconduct.
How a San Diego Cerebral Palsy Lawyer Can Help
Filing a cerebral palsy lawsuit requires legal expertise and access to medical professionals who can provide testimony. An experienced San Diego cerebral palsy lawyer can:
- Investigate your case to determine whether medical malpractice occurred.
- Consult with medical experts to assess the extent of your child’s condition and its cause.
- Gather evidence, including medical records, fetal monitoring reports, and expert testimony.
- Negotiate with insurance companies for a fair settlement.
- Represent you in court if necessary to secure maximum compensation.
With a skilled attorney on your side, you can focus on caring for your child while they fight for justice.
California’s Statute of Limitations for Cerebral Palsy Lawsuits
California law imposes strict deadlines for filing medical malpractice claims:
- Three years from the date of the injury.
- One year from the discovery of the injury.
- Six months for claims against public healthcare providers.
For minors, the statute of limitations may be extended until the child’s eighth birthday in certain cases. Failing to meet these deadlines can bar you from seeking compensation, so it’s essential to contact a San Diego cerebral palsy lawyer as soon as possible.
Recent Cerebral Palsy Lawsuit Settlements in California
Several high-profile cerebral palsy cases in California have resulted in multi-million-dollar settlements, including:
- $15.2 million for a child who suffered brain damage due to delayed delivery.
- $9.8 million for a baby diagnosed with cerebral palsy after undiagnosed maternal infection.
- $6.5 million for a family whose newborn experienced oxygen deprivation during a prolonged labor.
These settlements demonstrate how strong legal representation can make a significant difference in securing the financial resources families need.
Why Choose The Law Office of Melinda J. Helbock?
At The Law Office of Melinda J. Helbock, we are dedicated to helping families affected by cerebral palsy due to medical malpractice. We offer:
- Decades of experience handling birth injury and medical malpractice cases.
- Access to top medical experts to support your case.
- Personalized legal strategies tailored to your child’s unique situation.
- Aggressive representation to fight for maximum compensation.
Contact a San Diego Cerebral Palsy Lawyer Today
If your child has been diagnosed with cerebral palsy due to medical negligence, you don’t have to face this journey alone. A San Diego cerebral palsy lawyer can help you hold negligent medical professionals accountable and secure the compensation your family needs for your child’s future.
Contact us today for a free consultation, and let us help you take the first step toward justice.
References
- Centers for Disease Control and Prevention. (2024). Cerebral Palsy: Causes and Risk Factors. Retrieved from https://www.cdc.gov
- National Institutes of Health. (2024). Birth Injuries and Brain Damage in Newborns. Retrieved from https://www.nih.gov
- California Department of Public Health. (2024). Guidelines for Preventing Birth Injuries. Retrieved from https://www.cdph.ca.gov
