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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.
WE WON $8 MILLION IN A MEDICAL MALPRACTICE CASE
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:
When you retain Caldwell Wenzel & Asthana to represent you, we start working for you immediately. We will:
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.
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:
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:
Some examples of sub-standard care that may be malpractice are:
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.
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:
Non-economic damages may include:
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.
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.
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.