According to the U.S. Centers for Disease Control and Prevention (CDC), an estimated 1 in 5 cases of cerebral palsy result from injuries caused before or during birth. When those injuries result from medical negligence, parents have the right to hold at-fault physicians and health care providers accountable for failing to uphold their duty of care.
At Wagner Reese, our Indianapolis cerebral palsy lawyers are committed to protecting the rights of families with children who have been harmed by the negligent and careless acts of doctors, nurses, and other health care professionals. If your child suffers from cerebral palsy as a result of a suspected medical error, we’re available to review your case, discuss your legal rights and options, and help you fight for the justice you deserve.
To discuss a potential birth injury lawsuit with a member of our team, contact us for a free and confidential consultation. Wagner Reese serves families throughout the state of Indiana.
Symptoms of Cerebral Palsy
Cerebral palsy affects a person’s muscle coordination and movement. The disorder is classified according to its severity and the extent of brain damage from which it arises (i.e. spastic, hypotonic, or choreathetoid), and can result in a number of symptoms. These commonly include:
- Muscle weakness and muscle tone
- Impaired muscle and motor coordination
- Rigid, stiff, and uncontrollable movement
- Reduced movement of the extremities (including arms and legs)
- Misalignment or abnormal body positioning
- Seizures and delayed development
Cerebral Palsy: A Lifetime Disorder
Cerebral palsy also has the potential create a lifetime of physical and financial challenges for children and their families, as well as emotional repercussions when the disorder is caused by preventable medical mistakes. This includes not only the limitations a child may face as they grow and navigate the world, but also the considerable costs of medical treatment, medications, assistive devices, and specialized care they will require throughout their lives.
Fortunately, our civil justice system provides pathways for families to recover their damages, including their pain and suffering, past and future medical expenses, emotional anguish, and other economic and non-economic losses they incur as a result of medical malpractice.
How Do I Know If I Have a Birth Injury Case?
Whether you have a potential birth injury lawsuit depends on the facts of your case. This can include factors such as:
- Whether your child has been diagnosed with cerebral palsy at birth, or as a result of visible symptoms, delayed development, and other signs in infancy and early development.
- The extent of brain damage and its impact on your child.
- The underlying cause of brain damage.
- The conduct of medical professionals who provided care during pregnancy, labor, and delivery.
Doctors, nurses, mid-wives, and other medical practitioners who treat pregnant mothers and oversee the delivery process owe their patients a “duty of care,” which generally requires them to provide treatment that meets accepted standards of their profession. When they fail to uphold this duty and cause injuries as a result of their negligence, victims and families may have the right to pursue civil lawsuits on the basis of medical malpractice.
Examples of medical mistakes that can lead to cerebral palsy include:
- Failures to diagnose and properly treat or address complications during pregnancy (i.e. infections, large fetuses, preeclampsia, high blood pressure, etc.)
- Failures to properly monitor, identify, and address complications such as shoulder dystocia during birth
- Failure to detect signs of fetal distress that may lead to brain damage during labor and delivery
- C-section errors, including delayed C-sections and failures to perform C-sections
- Medication errors, including improper use of labor-inducing drugs such as Pitocin
- Negligent use of forceps or vacuum extractors during birth.
Birth injury lawsuits are notorious for their scientific and legal complexity, and for being aggressively defended against by hospitals, insurance companies, and other powerful entities that leverage their money to deny liability, preserve their reputation, and pay victims as little as possible. Because of these challenges, working with a team of experienced attorneys is crucial to leveling the playing field and positioning families to secure the compensation they deserve.
Call (888) 204-8440 to Speak with an Indianapolis Birth Injury Lawyer
Since 1997, Wagner Reese has cultivated a reputation as a proven personal injury law firm, and a practice with considerable experience in complex cases involving medical malpractice. Equipped with over 150+ years of combined experience, extensive resources, and connections with relevant medical experts, our team has what it takes to guide families through these difficult times.
If you have questions about a potential birth injury case involving cerebral palsy, infant brain damage, or any other preventable injury arising before, during, or after birth, you can be confident about placing your trust in our caring and compassionate trial lawyers.
Call (888) 204-8440 or contact us online to request a FREE case evaluation.