Cerebral Palsy Injury Attorneys in Alabama

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 and Asthana Personal Injury Lawyers, 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.

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.

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.