Cerebral Palsy Attorney Boston
Birth injuries, like cerebral palsy, affect thousands of babies annually. Cerebral palsy, in particular, is a lifelong disorder that can drastically affect a child’s life, depending on the severity of their condition. Sadly, a number of children who develop cerebral palsy do so because of a medical practitioner’s reckless errors or behavior, something which could have been avoided if only the accountable party had acted more responsibly.
If your baby’s life has been changed due to cerebral palsy caused by a medical professional’s negligence, you might be due financial compensation from the medical practitioner who caused this condition.
If your child’s cerebral palsy diagnosis may be the result of a doctor’s negligence, contact Crowe & Harris, LLP today at (617) 404-3417 for a free consultation.
Why Do You Need a Cerebral Palsy Lawyer?
We put our trust in doctors and nurses to care for us. Unfortunately, when they fail to provide adequate care, the consequences can last a lifetime. As parents, learning how to support a child with cerebral palsy is a long and challenging road. When a medical professional’s carelessness is to blame for your child’s condition, you deserve the support of experienced medical malpractice lawyers in Boston.
An attorney will evaluate your case and help prove negligence. In most injury cases, the burden of proof is on the victim, meaning that you must show that the medical professional’s actions lead directly to injury and resulting damages. If you are serious about showing that your child’s injuries are the result of a negligent medical professional’s actions, you need an experienced attorney.
Many families choose to hire a lawyer so they can focus on tending to their child’s needs. Cerebral palsy is a condition that can impact your child’s health and well-being for their entire life. While you focus on addressing your child’s needs, you will likely have little leftover time and energy to devote to your injury claim. Working with an attorney can allow you to focus on mentally and emotionally recovering with your child while knowing justice is being sought.
Why Choose Crowe & Harris, LLP?
At Crowe & Harris, LLP, we have extensive experience in both medical malpractice and personal injury law. Our team includes attorneys, paralegals, nurses, and law clerks who collaborate to build the strongest case possible. We have recovered over half a billion dollars for our clients and earned recognition among The National Trial Lawyers: Top 100 and U.S. News Best Law Firms.
We know that a cerebral palsy diagnosis changes everything for a family. Our compassionate approach combines legal skill with empathy—we aim to relieve your financial and emotional burdens so you can focus on your child’s health. With our firm, you gain a partner who understands both the legal and medical complexities of your case.
While no amount of money can make up for the suffering you and your child have endured, financial compensation is crucial to help with the medical bills and costs of your child’s care. We can help you avoid the financial burden and hold those responsible for your child’s suffering accountable. Additionally, our firm remains transparent and communicative, ensuring that you are continually informed and involved in all major decisions concerning your case.
Causes of Cerebral Palsy
According to the Center for Disease Control, 80-90% of brain damage injuries that result in cerebral palsy occur before or during childbirth. This condition is unfortunately quite common as 8,000-10,000 children are born with cerebral palsy each year. There are three forms of cerebral palsy, including spastic cerebral palsy, athetoid cerebral palsy, and ataxic cerebral palsy, each having their specific challenges.
There are two overarching classifications of cerebral palsy, congenital or acquired. Congenital means that the condition developed during or shortly after childbirth. Acquired means that the condition developed more than 28 days after birth. Factors that can lead to the development of congenital cerebral palsy include:
- Low birth weight
- Premature birth
- Multiple births (twins, triplets, etc.)
- Maternal infections or untreated health conditions
- Birthing complications
- Failure to perform a C-section when necessary
- Perinatal asphyxia or restricted airflow during delivery
- Hypoxic-ischemic encephalopathy (HIE)
Acquired cerebral palsy is considered a more rare form of the condition but can be caused by:
- Infections in infants
- Brain injuries
- Restricted blood flow
As we delve deeper into the causes of cerebral palsy, it is crucial to understand the correlation of these factors with medical negligence. Many instances of cerebral palsy that stem from congenital factors can be exacerbated by inadequate prenatal care or failure to address complications during birth promptly. This underscores the importance of having attentive, informed medical care throughout the pregnancy and delivery process.
For acquired cerebral palsy, postnatal negligence might play a pivotal role. Missed early signs of distress, improper treatment of infections, or even mishandling during critical circumstances can contribute to this condition. It is our objective to investigate every angle meticulously, ensuring that justice is served for lapses resulting in irreversible consequences for your child.
Symptoms of Cerebral Palsy
You may not know immediately that your newborn baby is suffering from cerebral palsy, but this condition has particular symptoms that may become apparent later. For instance, if you note the following behaviors or conditions in your baby, he or she might have suffered an injury during birth that caused cerebral palsy:
- Weakness in muscles
- Strange movements
- Loss of movement in muscles
- Tight / inflexible muscles
- Lost coordination
- Tremors
- Paralysis on one side of the body
All of these conditions may be indicators that your baby is suffering from cerebral palsy, and if a negligent or reckless medical practitioner has caused this condition, then you should investigate your legal options for obtaining compensation and justice.
Understanding the symptoms early can significantly affect the quality of intervention and support a child receives. Parents should be vigilant for unusual developmental patterns, such as delayed milestones like rolling over, sitting, crawling, or walking. In some instances, cerebral palsy symptoms may also include cognitive challenges and difficulties with speech or communication. These symptoms reinforce the need for comprehensive medical evaluations and targeted therapies that can significantly enhance quality of life when implemented early. If you have concerns about your child, consistent check-ups and consultations with medical professionals are essential in ensuring ongoing health and addressing potential issues.
Families who suspect birth-related trauma should also review similar cases such as Erb’s palsy or cephalohematoma to understand their legal rights.
Types of Compensation for Cerebral Palsy Cases
Having a child diagnosed with cerebral palsy will present unique challenges for your child and family moving forward. Medical care can be enormously expensive and become financially burdensome. If your child’s cerebral palsy diagnosis resulted from medical negligence before, during, or after their birth, you should not take on the financial responsibility for their care.
Full and fair compensation can ensure that your child receives quality medical care for the rest of their life without bringing financial hardship upon your family. Under Massachusetts law, the compensation you can receive for medical malpractice can be broken down into three categories.
Compensatory Damages
Compensation of this type covers actual costs associated with the injury. There are no caps on this form of compensation, but there must be proof of expense, so keeping track of medical bills is essential. Costs that can be covered by these damages may include:
- Medical bills
- Rehabilitation
- Physical therapy
- In-home care
- Medical equipment
- Increased living expenses
- Ambulance services
Beyond direct medical expenses, compensatory damages also account for indirect costs incurred while managing the ongoing needs associated with cerebral palsy. These may involve additional educational support, mobility aids, and home adaptations that facilitate the child's independence and comfort. Legal avenues provide for these essential expenses, ensuring that families can focus on care rather than financial strain.
Non-Economic Damages
Laws cap non-economic damages at $500,000 under Massachusetts law. However, in some extreme circumstances, the court may waive the cap. Non-economic damages include intangible costs incurred, including:
- Pain and suffering
- Disability or disfigurement
- Loss of “enjoyment of life.”
These damages acknowledge the profound impact of emotional trauma and life alteration due to cerebral palsy. Compensation for non-economic damages is integral in recognizing the challenges not readily quantifiable by monetary metrics, such as the impact on family relationships and personal aspirations. Our legal team strives to articulate these intangibles to the court, advocating for just recognition of the emotional and psychological toll suffered by your family.
Punitive Damages
This form of damages is intended to punish and deter actions. Punitive damages are rarely awarded but might apply if a medical professional is found to have been willful in their misconduct.
In Massachusetts, you have up to three years after learning of an injury to file a lawsuit for medical malpractice. Although some exceptions apply, you should speak to an attorney as soon as possible if you think negligence is to blame for your child’s cerebral palsy.
FAQs About Cerebral Palsy & Legal Actions
What Should I Do If I Suspect My Child Has Cerebral Palsy Due to Medical Negligence?
If you suspect that medical negligence has led to your child developing cerebral palsy, it is essential to act quickly but thoughtfully. First, consult with relevant medical professionals to obtain a clear diagnosis and gather all medical records that could support your suspicion. Employing a reputable cerebral palsy lawyer in Boston, like those at Crowe & Harris, LLP, will be crucial in evaluating the facts of your situation and advising you on steps to take. They will help you compile evidence such as medical records, expert testimonies, and other documentation crucial to substantiating your claims. Seeking legal counsel early in the process ensures that your steps are timely and strategically sound, respecting the legal timelines set forth by Massachusetts law.
How Can I Prove That My Child's Cerebral Palsy Was Due to Medical Mistakes?
Proving that your child's cerebral palsy resulted from medical mistakes involves detailed investigation and expert collaboration. Start by gathering comprehensive medical records that detail every aspect of your pregnancy, childbirth, and postnatal care. Work with your attorney to engage medical experts who can review these records to identify any departures from the standard care protocols. These experts will provide opinions that are pivotal in drawing connections between medical negligence and the onset of cerebral palsy. Additionally, developing a timeline of your child's medical history and symptoms will further support your assertions. Your attorney will strategize how to present this evidence compellingly to establish liability and causation in a court of law.
Are There Specific Regulations in Massachusetts for Cerebral Palsy Legal Cases?
In Massachusetts, like many states, medical malpractice cases, including those related to cerebral palsy, are governed by specific statutes. One crucial regulation is the statute of limitations, which generally allows parents up to three years from the known date of injury to file a claim. Massachusetts also applies a comparative negligence rule, which might affect the outcome if the defense can show that other factors contributed to the condition. Attorneys familiar with local laws, such as those at Crowe & Harris, LLP, will navigate these statutes ensuring that all procedural and substantive aspects of the law are meticulously adhered to. Massachusetts also requires that a 'Certificate of Merit' must be filed, affirming that the case is brought in good faith supported by expert testimony, underscoring the necessity of having comprehensive and credible evidence on hand.
What Are the Common Challenges in Handling Cerebral Palsy Legal Actions?
Handling cerebral palsy legal actions involves overcoming several common challenges. One major challenge includes gathering sufficient and precise medical evidence that clearly links negligence to the condition. Another difficulty lies in the potential emotional strain on families who must relive both medical procedures and life-altering outcomes in detail. Skilled attorneys objectively manage these aspects, working closely with families to ensure the process is as smooth as possible. Additionally, countering defenses posed by well-prepared hospital legal teams requires strategic planning and experienced legal representation, such as that offered by Crowe & Harris, LLP. Preparing to confront these challenges with thorough preparation can be the difference in obtaining a favorable outcome.
How Can Crowe & Harris, LLP Assist in Navigating Cerebral Palsy-Related Legal Proceedings?
Crowe & Harris, LLP is deeply committed to guiding families through the complexities of cerebral palsy-related legal proceedings with compassion and poise. Our seasoned attorneys bring unique insights, leveraging a collective wealth of knowledge in both legal and medical domains to meticulously construct strong legal strategies tailored specifically for your needs. We assist at every stage of the legal process, from initial evaluations and evidence gathering to orchestrating expert opinions and courtroom representation. Our team’s unwavering dedication to keeping families informed allows you to focus on healing while we pursue justice and financial compensation diligently on your behalf. With Crowe & Harris, LLP, families in Boston find an advocate that tenaciously seeks accountability and supports their pursuit of a better quality of life for their child.
What Should I Do If I Suspect My Child Has Cerebral Palsy Due to Medical Negligence?
If you suspect that medical negligence has led to your child developing cerebral palsy, it is essential to act quickly but thoughtfully. First, consult with relevant medical professionals to obtain a clear diagnosis and gather all medical records that could support your suspicion. Employing a reputable cerebral palsy lawyer in Boston, like those at Crowe & Harris, LLP, will be crucial in evaluating the facts of your situation and advising you on steps to take. They will help you compile evidence such as medical records, testimonies, and other documentation crucial to substantiating your claims. Seeking legal counsel early in the process ensures that your steps are timely and strategically sound, respecting the legal timelines set forth by Massachusetts law.
How Can I Prove That My Child's Cerebral Palsy Was Due to Medical Mistakes?
Proving that your child's cerebral palsy resulted from medical mistakes involves detailed investigation and collaboration. Start by gathering comprehensive medical records that detail every aspect of your pregnancy, childbirth, and postnatal care. Work with your attorney to engage medical professionals who can review these records to identify any departures from the standard care protocols. These professionals will provide opinions that are pivotal in drawing connections between medical negligence and the onset of cerebral palsy. Additionally, developing a timeline of your child's medical history and symptoms will further support your assertions. Your attorney will strategize how to present this evidence compellingly to establish liability and causation in a court of law.
What Are the Common Challenges in Handling Cerebral Palsy Legal Actions?
Handling cerebral palsy legal actions involves overcoming several common challenges. One major challenge includes gathering sufficient and precise medical evidence that clearly links negligence to the condition. Another difficulty lies in the potential emotional strain on families who must relive both medical procedures and life-altering outcomes in detail. Skilled attorneys objectively manage these aspects, working closely with families to ensure the process is as smooth as possible. Additionally, countering defenses posed by well-prepared hospital legal teams requires strategic planning and experienced legal representation, such as that offered by Crowe & Harris, LLP. Preparing to confront these challenges with thorough preparation can be the difference in obtaining a favorable outcome.
