Foley Alabama Attorneys
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Our Cerebral Palsy Lawyer Fights for Fair Compensation

Cerebral palsy has life-altering effects on children and their families, and often it is a tragedy that didn’t need to happen. When such an injury happens at birth, victims may be entitled to compensation through a birth injury medical malpractice lawsuit. While no amount of money can never fully compensate for the suffering cerebral palsy brings, fair compensation can relieve the financial burdens of providing the child with the best care, medical and rehabilitation treatment, and educational opportunities.

If your child has suffered cerebral palsy or any other birth injury such as Erb’s Palsy or Shoulder Dystocia, you should get legal assistance right away. Alabama medical malpractice laws are complicated, and medical professionals and their insurance companies will attempt to deny claims and pay out as little as possible. They have high-powered lawyers who will fight your case, or even try to make it seem that you did something that contributed to your child’s injury.

At Caldwell Wenzel & Asthana, our skilled cerebral palsy lawyers know how to fight for justice and the fair compensation you deserve. We will help you uncover the truth about how your child’s injury occurred and deal with insurance companies and the legal hurdles involved with winning a fair settlement, and we are fully prepared to advocate for you in court if negotiations break down.

We offer a free consultation to discuss your case and determine the best way to move forward. Call us today to get started at 251-444-7000.


How Our Cerebral Palsy Lawyer Helps You


Why Choose Us?

There are many lawyers out there, and it is important to find one you feel comfortable with but who also has the experience and resources necessary to aggressively negotiate and litigate complicated birth injury claims. Here are some reasons why our cerebral palsy lawyers at Caldwell Wenzel & Asthana are your best choice:

  • Our seasoned attorneys have the experienced you need. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
  • We have outstanding client victories and proven case results, getting the largest payouts possible. We win big, including an $8,000,000 Medical Malpractice case, and are highly recommended by many satisfied clients.
  • We offer an attractive attorney referral program and consider it the highest compliment when we receive referrals from our esteemed colleagues, past clients, lawyers, and judges.
  • We know how to deal with insurance companies and how to negotiate a settlement out of court, but we are also skilled litigators fully prepared to take your case to trial if necessary.
  • We are available. When you hire us, you receive our full attention, compassion, and commitment.
  • We offer free, no-obligation consultations and work on a contingency basis so there are no fees to you unless and until we win your case.

How We Work for You

When you retain Caldwell Wenzel & Asthana to represent you, we start working for you immediately. We will:

  • Meet with you to hear how your child’s birth injury happened, determine whether you have a valid medical malpractice case and who the at fault parties may be, and calculate what settlement to go after.
  • Investigate the case and gather evidence to help prove another party’s negligence, through medical reports and records. photographs and videos, and interviews with medical professionals and witnesses.
  • Hire medical malpractice experts to help determine fault, and experts to testify as to the extent of your child’s injuries, how they will affect both the child and your family, and the costs of care your child will need into the future.
  • Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement.
  • Build and your case and take it to court if necessary.

Our Alabama cerebral palsy attorney is fully committed to helping our clients get the best settlements possible. Call us today to get started while evidence is available and witnesses can be found.

Foley, Alabama Lawyers
CALL NOW 251-444-7000

Alabama Cerebral Palsy Lawyer Proves Medical Negligence

Too win your case, our Alabama cerebral palsy lawyers must prove that your child’s injuries were caused by a someone else’s negligence or fault. Cerebral palsy is caused by brain damage before or at birth, typically due to an infant’s oxygen supply to the brain being reduced. To prevent this from happening, there is a standard of care as to how mothers and their babies should be monitored and supervised throughout the pregnancy and birth process. During a mother’s labor, fetal heart rate should be carefully monitored by the doctor and hospital staff; if the baby shows signs of distress, medical personnel must act swiftly to ensure a healthy delivery. A baby who presents problems at birth should be seen by a specialist and be transferred to a neonatal intensive care unit if necessary.

Not all damage to an infant is caused by medical malpractice, and proving negligence is difficult and complicated, especially since hospitals and medical professionals will deny responsibility. To win your case, our cerebral palsy medical malpractice attorneys must show the following legal elements:

  • There was a doctor-patient relationship.
  • Duty. There was a duty of care for the medical professional not to cause harm and to follow the accepted standard of care regarding births.
  • Breach. This duty was breached due to acting or failing to act in a way a competent doctor would according to the standard of care.
  • Cause. This breach caused injuries to your child, who and suffered cerebral palsy as a result.
  • Damages. This resulted in actual damages such additional medical expenses and treatment, and pain and suffering.

Our Alabama cerebral palsy lawyers know how to investigate and produce proof of medical negligence and properly handle your case. According to Alabama Code § 6-5-548, we must:

  • Establish the standard of care that was appropriate
  • Show how the medical practitioner (the defendant in the case) failed to provide proper care according to the standard
  • Prove that, as a result of the sub-standard care, your child suffered harm

Some examples of sub-standard care that may be malpractice are:

  • Failure to properly monitor or interpret fetal heart rate monitor tracings and notice and respond to signs of distress
  • Improper use of delivery instruments
  • Failure to perform a C-section in a timely manner
  • Failure to treat maternal infections
  • Failure to detect or address prolapsed umbilical cord

After investigating the case and examining medical records, we would utilize the testimony of qualified expert medical witnesses to show how the defendants were liable for your child’s injuries.

Damages Our Cerebral Palsy Attorney May Recover

Our Alabama cerebral palsy attorney will fight for a compensation award that covers all your child’s damages – a term that refers to the costs and losses you and your child are facing now and into the future. The award should cover both your economic damages for calculable costs and your non-economic damages that do not have a specific dollar value but negatively impact the quality of life.

Economic damages may include:

  • Medical and rehabilitation expenses
  • Ongoing care and therapy
  • Loss of future income or ability to work
  • Modifications needed to a child’s home
  • Special adaptive equipment

Non-economic damages may include:

  • Mental and physical pain and suffering
  • Emotional anguish and distress
  • Disability
  • Shortened life expectancy and diminished quality of life

Punitive damages may also be awarded in rare cases when the defendant acted in an especially egregious or malicious way (such as delivering a baby while under the influence of drugs or alcohol). These are intended to punish the defendant and deter further acts of medical negligence in the future.

Alabama Cerebral Palsy Birth Injuries Lawyer Answers FAQs

When dealing with a child with cerebral palsy, you are bound to be overwhelmed and have many questions. We can best address your specific concerns at your free consultation, but to get started, here are some answers to questions our attorneys are often asked:

Are there time limits for filing a lawsuit?

Yes, Alabama has a statute of limitations that sets time limits for filing. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the birth injury or six months after the discovery of the injury to file a claim or the courts are likely to refuse to hear your case.

How much can I get in compensation?

There are a wide range of compensation awards possible for cerebral palsy, from tens of thousands to millions of dollars, depending on the circumstances and the factors involved. Juries tend to be sympathetic for a child’s injuries, but in general, the more severe the damage and the greater the effects on the ability to live a normal life, work and have relationships, the higher the settlement.

What if my child died after suffering cerebral palsy?

If your child died from cerebral palsy, our attorneys may be able to file a wrongful death claim. The law (Section 6-5-410 of the Code of Alabama) defines a wrongful death as one that is caused by the “wrongful act, omission, or negligence” of another, and compensation may cover funeral and burial costs, in addition to other damages.

Are there caps on medical malpractice in Alabama?

No. There is currently no cap on medical malpractice awards in Alabama, and our birth injury lawyers will fight for the optimum settlement that covers all the challenges you and your child face.

Rest assured that our Alabama cerebral palsy lawyers will be there for you throughout the entire legal process, answering your questions and keeping you informed.

Get Help from Our Cerebral Palsy Lawyers

The compassionate birth injury attorneys at Caldwell Wenzel & Asthana understand how difficult it can be for your family to cope with the financial and emotional burden of cerebral palsy and are here to help.

If your child was born with cerebral palsy in Alabama and you believe medical negligence may have been responsible, call us today for a free initial consultation at (251) 444-7000. There are no fees to you unless and until we win your case.

Foley, Alabama Lawyers
Get Help Now at (251) 444-7000