Cerebral Palsy Attorney in Boston
Guiding Families After a Cerebral Palsy Diagnosis Throughout New England
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. Our cerebral palsy lawyer in Boston, MA, can help you.
Why Do You Need a Boston 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 cerebral palsy attorneys in Boston.
Our team can do the following and more:
- Evaluate your case: An attorney will review medical records to determine whether a provider’s actions fell below the accepted standard of care.
- Establish negligence: In most medical malpractice cases, the burden is on the family to prove that negligence directly caused the injury and resulting damages. Your attorney can handle this.
- Pursue maximum compensation: We work to recover damages that reflect the full impact of the injury, including medical care, long-term treatment, and future needs.
- Advocate for your family throughout the process: We handle negotiations, legal filings, and communications so you are not navigating the system alone.
Ultimately, working with an attorney can allow you to focus on mentally and emotionally recovering with your child while knowing justice is being sought.
Why Crowe & Harris, LLP for Your Boston Cerebral Palsy Claim?
At Crowe & Harris, LLP, we have extensive experience in medical malpractice and personal injury law. Our team includes attorneys, paralegals, nurses, and law clerks who collaborate to build the strongest case possible.
Other reasons to choose us include:
- Proven results and recognition: We have recovered over half a billion dollars for our clients and have been recognized by The National Trial Lawyers: Top 100 and U.S. News Best Law Firms.
- Compassionate, client-focused representation: We understand that a cerebral palsy diagnosis changes everything for a family, and we combine legal skill with empathy to help ease financial and emotional burdens while you focus on your child’s care.
- Clear communication and transparency: We keep you informed throughout your case and involve you in all major decisions so you always know what is happening.
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.
What Causes Cerebral Palsy?
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.
According to the Centers for Disease Control (CDC), 85-90% 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
- Aaxic cerebral palsy
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 rarer 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.
Cerebral palsy symptoms can include:
- Weakness in muscles
- Strange movements
- Loss of movement in muscles
- Tight / inflexible muscles
- Lost coordination
- Tremors
- Paralysis on one side of the body
- Difficulty with speech or communication
- Delayed milestones, such as rolling over, sitting, crawling, or walking
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. 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. 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. 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
- Educational support
- Mobility airs
- Home adaptations
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.”
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.
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 medical negligence played a role, it’s important to act quickly. Start by obtaining a clear diagnosis and collecting all relevant medical records from pregnancy, delivery, and postnatal care. A cerebral palsy lawyer in Boston at Crowe & Harris, LLP can review the facts, help gather evidence such as records and expert opinions, and guide you through the next steps while protecting important legal deadlines.
How Can I Prove That My Child's Cerebral Palsy Was Due to Medical Mistakes?
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. 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.
Are There Specific Regulations in Massachusetts for Cerebral Palsy Legal Cases?
Yes. In Massachusetts, medical malpractice claims are generally subject to a three-year statute of limitations from the date the injury was discovered. Massachusetts also applies a comparative negligence rule, which might affect the outcome if the defense can show that other factors contributed to the condition. Massachusetts also requires that a 'Certificate of Merit' must be filed, affirming that the case is brought in good faith supported by expert testimony.
What Are the Common Challenges in Handling Cerebral Palsy Legal Actions?
These cases often involve complex medical evidence, emotional stress for families, and strong defense teams from hospitals or providers. Gathering clear proof of negligence and causation can be difficult, which is why experienced legal and medical collaboration is essential.
How Can Crowe & Harris, LLP Assist in Navigating Cerebral Palsy-Related Legal Proceedings?
We are 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 legal and medical domains. 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 compensation on your behalf.
