Bringing a new life into the world is a joyous occasion, but complications that result in a cerebral palsy birth injury can be devastating. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we understand how this can impact your family. Our compassionate and experienced team is here to guide you through the complexities of filing a cerebral palsy birth injury lawsuit, ensuring you receive the support and compensation you deserve.
Understanding Cerebral Palsy
Cerebral palsy (CP) is a group of disorders affecting movement, muscle tone, or posture, resulting from damage to the developing brain. This damage typically occurs before birth, although it can happen during birth or early infancy. According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 345 children in the United States is diagnosed with cerebral palsy. CP manifests in various forms, ranging from mild to severe, and can affect different parts of the body. It is the most common motor disability in childhood, often requiring lifelong care and management.
Cerebral Palsy Causes
Several factors can contribute to the development of cerebral palsy, often related to complications during pregnancy, labor, or immediately after birth. These causes highlight the importance of vigilant prenatal care and attentive medical practices during childbirth.
Lack of Oxygen (Hypoxia)
Prolonged oxygen deprivation during birth can cause brain damage. This can happen due to issues like umbilical cord problems, prolonged labor, or a sudden drop in blood pressure during delivery.
Infections During Pregnancy
Maternal infections such as rubella, cytomegalovirus, or toxoplasmosis can adversely affect the developing brain, leading to cerebral palsy.
Severe Jaundice (Kernicterus)
Untreated severe jaundice in newborns can lead to a type of brain damage that causes cerebral palsy.
Birth Trauma
Difficult deliveries, particularly those involving the use of forceps or vacuum extractors, can result in traumatic brain injuries that lead to CP.
Can I File a Cerebral Palsy Birth Injury Lawsuit for Malpractice?
Medical malpractice occurs when a healthcare professional provides care that falls below accepted standards, resulting in harm to the patient. In the context of a cerebral palsy birth injury, these standards are crucial in determining if a lawsuit is viable.
Doctors and healthcare providers must adhere to a high level of competence and diligence known as the “standard of care.” This standard refers to the degree of care and skill ordinarily exercised by a practitioner in the same field under similar circumstances.
For a cerebral palsy birth injury lawsuit to be valid, you must demonstrate that the healthcare provider’s actions deviated from these standards, resulting in harm. If a doctor fails to monitor fetal distress properly or delays an emergency C-section when it’s medically necessary, this can be a breach of duty.
Similarly, improper use of delivery tools like forceps or vacuum extractors that lead to brain injury might constitute a breach. Establishing causation is the next critical step; it must be proven that this breach was a legal cause of the injury, leading to cerebral palsy.
Finally, damages must be evident, such as the need for lifelong medical care, therapy, and special education. Proving these elements requires detailed medical records, expert testimony, and a thorough understanding of medical practices and standards. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we meticulously examine these factors to build a strong case for our clients, ensuring they receive the justice and compensation they deserve.
Who May Be Liable?
Determining liability in a cerebral palsy birth injury lawsuit involves identifying the parties whose negligence contributed to the injury. Potentially liable parties include:
- Obstetricians and gynecologists—failure to monitor fetal health or respond to complications during pregnancy and delivery;
- Nurses and midwives—inadequate monitoring of the mother and baby, delayed responses to signs of distress, or failure to follow established protocols;
- Hospitals and healthcare facilities—systemic issues such as understaffing, inadequate training, or malfunctioning equipment; and
- Prenatal care providers—negligence in diagnosing and treating conditions that could harm the fetus, such as infections or other health issues affecting the mother or baby.
Each case is unique, and a thorough investigation is required to identify all responsible parties.
Steps to Take If You Have a Medical Malpractice Claim in Hawaii
If you suspect that medical malpractice contributed to your child’s cerebral palsy, taking prompt action is crucial. The following are the steps you need to take.
Consult a Qualified Attorney
Contact Cronin, Fried, Sekiya, Kekina & Fairbanks for a free consultation. We have handled more than 100 medical malpractice and birth injury cases and can help you understand your legal options.
Gather Medical Records
Collect all medical records related to the pregnancy, labor, delivery, and postnatal care. These documents are critical for building your case. We can help you obtain records that are not readily available to you.
Obtain Expert Opinions
Your attorney will work with medical experts to review the records and determine whether negligence occurred. Expert testimony is usually essential in proving a malpractice claim.
File a Claim
Initiate the legal process by filing a claim within Hawaii’s statute of limitations for medical malpractice cases. The time limit varies according to the circumstances so please consult an attorney as soon as possible to determine the time limit that applies to your situation.
Fair Birth Injury and Cerebral Palsy Settlements
Securing a fair settlement involves comprehensive documentation, skilled negotiation, and, often, litigation. Compensation in a cerebral palsy birth injury lawsuit may include:
- Medical expenses—coverage for past and future medical costs, including surgeries, medications, physical therapy, and specialized equipment;
- Pain and suffering—compensation for the emotional and physical distress experienced by both the child and the family;
- Loss of income—reimbursement for lost wages if a parent must leave their job to provide full-time care for the child and for impairment of your child’s future earning capacity; and
- Special education and support services—funding for educational and vocational training to support the child’s development and independence; and lifelong care in the most severe circumstances.
A fair settlement aims to provide financial stability and ensure that the child receives the necessary care throughout their life.
Contact Us Today
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we are dedicated to helping families navigate the legal challenges of a cerebral palsy birth injury lawsuit. We understand the emotional and financial strain such injuries place on families and are committed to securing the justice and compensation you deserve. We have handled many mutli-million dollar birth injury cases. Contact us today for a free consultation, and let us help you on the path to recovery and support.
Loading...