Giving birth should be a moment of awe and happiness. But when medical negligence casts a shadow over the delivery room, that excitement quickly becomes anguish.

Cerebral palsy, a neurological condition born from early brain injury, continues to rank among the most common causes of childhood disability. It affects approximately 1.5 to 2.5 newborns out of every 1,000 live births. While the roots vary, some cases arise from preventable errors or malpractice during labor and delivery. (1)

If you’re going through such devastating challenges, know that you may have grounds to pursue a legal claim. This article will explain the process and show you how to begin seeking financial compensation.

Recognize Possible Signs of Medical Oversight

Before you initiate any legal action, there must be reason to suspect that medical negligence may have contributed to your child’s condition. Not every case of cerebral palsy stems from genetic predispositions or complications of premature birth. But certain red flags may hint at a deeper issue worth exploring. These include:

• Labor that dragged on too long or was poorly handled
• Signs of oxygen deprivation during delivery
• Missed or ignored warnings of fetal distress
• Misuse of medical equipment and instruments like forceps or vacuum extractors
• Unwarranted delays in performing a cesarean section
• Medical provider failed to respond to complications after birth

Parents are often the first to sense something isn’t right with their baby. Watch for signs such as stiff muscles, uncoordinated movements, or poor balance. If these symptoms follow a mishandled delivery, it’s fair to ask the attending medical professionals if something more should’ve been done. (2)

Raising questions can help you uncover the truth. And what you discover might help you build a strong case.

Seek Legal Advice

As a parent, you may feel confusion, anguish, and overwhelming fear after learning your baby has cerebral palsy due to birth injury. That’s completely normal.

Your goal is most likely to secure the compensation your child is entitled to and hold those responsible accountable. Taking this step can help ease the pain and reassure you that you’re not alone in this process.

In such cases, you need an experienced attorney to help you pursue fair cerebral palsy compensation. A seasoned birth injury lawyer can be your translator, strategist, and steady hand through a highly complex process. The only challenge here is choosing the right legal team. That’s no small task, especially with over 1.3 million actively practicing lawyers in the U.S. alone. (3)

For many families, shared values and diverse representation also matter. In 2021, one company stood out by having African-Americans make up about 9% of its attorney staff. It’s the highest percentage among law firms in the U.S. that year. Milestones like this show a growing effort to build legal teams that better serve all communities. (4) 

To narrow your search, focus on professionals who bring more than just the credentials. Look for someone who offers:

• Specialized experience in birth injury or medical malpractice cases, not just general personal injury
• A proven track record of handling cerebral palsy claims and securing favorable settlements or verdicts
• Compassionate communication. That means someone who listens and explains with clarity and patience.

A skilled cerebral palsy attorney should fight for your best interests.

Talk to a Medical Expert

Once a trusted attorney is on board, the next important step is to seek medical help. This process is crucial for understanding what truly happened.

Medical records and expert insights are the backbone of any birth injury case. That said, you’ll need a healthcare provider without ties to the original medical staff. This ensures you get an unbiased evaluation, especially if that team may have contributed to your child’s condition.

The ideal professional should carefully review the medical details with fresh eyes and offer a sharp, objective assessment. Their role is to identify any missed warning signs or moments when the right action wasn’t taken.

An experienced birth injury attorney often works closely with such medical professionals when filing a cerebral palsy lawsuit. Together, they can provide reports and testimonies that clarify complex information for the court or during negotiation talks.

File a Medical Malpractice Claim

Now that you have the necessary documents and a trustworthy advocate at your side, your case is ready to move forward.

You need to file a medical mistake claim, a structured argument that tells your child’s story, supported by facts and expert insights. Your attorney will be the one to draft a formal complaint. The responsible party may include doctors, nurses, or the hospital itself.

Next, the discovery phase. Both sides exchange evidence, conduct depositions, and bring in expert witnesses to shed light on the medical issues involved.

In many situations, the opposing party may offer a settlement before the trial. But what happens when no fair agreement is reached? The case proceeds to court, where a judge or jury decides the outcome.

Calculate the Potential Compensation

It’s time to look at what your child may need, present and future, and how that translates into a reasonable compensation claim. Here are several factors that influence the amount:

• Medical expenses
• Therapy and rehabilitation
• Assistive equipment
• Home and vehicle modifications
• Education support
• In-home care or personal assistance
• Loss of earning potential
• Non-economic damages

Create a long-term care plan and estimate total costs. This will ensure that the compensation aligns with what the child will need to live as comfortably as possible.

Closing Thoughts

Pursuing compensation after a birth injury, coupled with the best support and guidance, can help secure the care and resources your child may need. Note that no parent should have to face this alone. There’s help and hope for better days ahead.

References: 

1. “Cerebral Palsy”, Source: https://www.ncbi.nlm.nih.gov/books/NBK538147/ 

2. “About Cerebral Palsy”, Source: https://www.cdc.gov/cerebral-palsy/about/index.html 

3. “Number of lawyers in the United States from 2007 to 2024”, Source: https://www.statista.com/statistics/740222/number-of-lawyers-us/ 

4. “Law firms in the United States with the highest percentage of African-American attorneys in 2021”, Source: https://www.statista.com/statistics/880168/law-firms-highest-percentage-african-american-attorneys/