Cerebral Palsy Attorneys in Columbus

When Medical Negligence Causes Cerebral Palsy

As knowledgeable Columbus cerebral palsy lawyers, we have represented many heartbroken parents whose children have suffered devastating injuries as a consequence of medical negligence. One such birth injury is cerebral palsy. If your child’s cerebral palsy was caused by medical negligence, you have a right to hold your healthcare providers accountable and seek the compensation your child needs for the best possible care and treatment.

To schedule a free consultation, call our Columbus cerebral palsy lawyers at (614) 321-3212 today. We will respond to you within 24 hours. 

What is Cerebral Palsy?

Cerebral palsy or “CP” is caused by brain damage that can occur before, during, or shortly after birth. Cerebral palsy is permanent and incurable, but its severity varies from mild to severe. A child with cerebral palsy may have delayed development and impaired movement and muscle tone. The muscles may be stiff, shaky, or floppy. Cerebral palsy can impair balance, coordination, posture, and gross and fine motor skills. A person with cerebral palsy may have difficulty with walking, talking, eating, swallowing, or grasping objects. In some cases, vision, hearing, or intellectual functioning may be affected.

There are several types of cerebral palsy, including:

• Spastic Cerebral Palsy: Characterized by tight, stiff muscles and difficulty with movement.
• Athetoid or Dyskinetic Cerebral Palsy: Involves uncontrolled, jerky movements.
• Ataxic Cerebral Palsy: Affects balance and coordination.
• Mixed Cerebral Palsy: A combination of the above types.

Causes of Cerebral Palsy

Cerebral palsy is often caused by brain damage or abnormal brain development. This damage may occur during pregnancy, childbirth, or after birth. Common causes include:

• Oxygen deprivation during labor and delivery, often due to a delayed or improper response to fetal distress.
• Infections such as meningitis or encephalitis that affect the brain during pregnancy or early childhood.
• Premature birth or complications related to a low birth weight.
• Medical malpractice during childbirth, such as failure to monitor the baby’s heart rate, improper use of forceps or vacuum extraction, or delayed delivery that deprives the baby of oxygen.

If medical errors during pregnancy or birth contributed to your child’s cerebral palsy, you may have a legal case for medical malpractice.

Proving Medical Negligence

The first step in proving your case is establishing that your child’s cerebral palsy was caused by medical negligence, which is conduct by a healthcare provider which falls below the acceptable standard of care. Cerebral palsy cases are very hard to prove because cerebral palsy has many causes, such as genetic abnormalities, infections in the early stages of pregnancy, and low birth weight or premature birth.

Not all causes of cerebral palsy can be connected to medical negligence. Undeniably, however, cerebral palsy can be caused by complications during pregnancy, labor, or delivery which results in a reduced oxygen supply (hypoxia) or a reduced blood supply (ischemia) to the baby. Hypoxic-ischemic encephalopathy (HIE) and similar conditions can usually be treated and corrected; however, they often lead to long-term complications when overlooked.

Some medical mistakes that can cause cerebral palsy include the following:

• Failure to properly monitor you and your baby throughout your pregnancy for signs that your baby’s oxygen or blood supply might be diminished.
• Failure to diagnose or treat a condition, such as an infection, preeclampsia, or excessive bleeding, during the pregnancy that could have compromised your baby’s brain development.
• Failure to identify factors that made your pregnancy “high-risk,” and treat you accordingly.
• Failure to monitor the baby during labor and delivery and identify signs of distress.
• Failure to perform an emergency C-section or waiting too long to perform one when the baby is in distress.
• Improper use of forceps or a vacuum extractor during delivery.
• Failure to diagnose and treat your baby after delivery for seizures, jaundice, or meningitis.

Our experienced, distinguished medical experts and cerebral palsy lawyers in Columbus can conduct extensive research on your medical records to uncover any evidence that healthcare providers fell below the accepted standard of care during your pregnancy or when delivering your baby.

To schedule a free consultation, call our cerebral palsy lawyer near you at (614) 321-3212 today. We will respond to you within 24 hours. 

Proving Your Child’s Needs

The second step in proving your case is proving the amount of compensation your child will need to meet his or her lifetime needs. Substantial sums may be required to meet the lifetime needs of a person with cerebral palsy.

These may include:

• Medical, surgical, and psychiatric treatment.
• Physical, occupational, and speech therapy.
• Medications and medical equipment (e.g., hospital bed, medical lift, wheelchair, braces, etc.).
• Renovations to your home and modifications to your vehicles.
• Educational services.
• Care in a group home.

Identifying these needs and placing a dollar value on them requires assistance from an expert called a life care specialist or life care planner. At Rourke & Blumenthal, we work with a renowned life care specialist and skilled medical experts to determine exactly what compensation will be needed for the rest of your child’s life. We invite you to learn more about our record of successfully representing parents and children in birth injury cases.

How Long Do I Have to File a Claim?

In Ohio, the statute of limitations for filing a medical malpractice claim is generally one year from the date of discovery of the injury. However, in cases involving a birth injury like cerebral palsy, this timeline may be extended, especially if the injury wasn't immediately apparent. It is crucial to contact an attorney as soon as possible to ensure your case is filed within the legal time limits.

Why Choose Rourke & Blumenthal?

At Rourke & Blumenthal, we have been helping families in Columbus, OH, navigate cerebral palsy claims for years. Here are some of the reasons why families choose us:

• Experience and Expertise: Our team is highly experienced in medical malpractice and personal injury law, with a particular focus on birth injury cases.
• Proven Track Record: We have a history of successful outcomes in cerebral palsy and birth injury cases, securing compensation that helps families manage their child’s long-term care.
• Personalized Attention: We understand the challenges you face, and we work closely with you to ensure that your case is handled with care and dedication.
• Contingency Fee Basis: We don’t charge fees unless we win your case. This means you don’t pay unless we recover compensation on your behalf.

Contact a Columbus Cerebral Palsy Lawyer Today!

Our cerebral palsy attorneys can help you determine if negligent care before, during, or after delivery contributed to your child’s cerebral palsy. At Rourke & Blumenthal, we promise you an opportunity to speak directly to an attorney. You will not be screened and turned away by a paralegal or secretary.