Cerebral palsy refers to a collection of neurological disorders that affect movement, muscle tone, and posture. It is a leading cause of disability in children. Doctors diagnose almost 10,000 new cases of cerebral palsy each year. Sometimes, negligent doctors may cause or contribute to the development of cerebral palsy in an infant due to a birth injury. Parents may have the right to file lawsuits in these cases.
If you believe medical malpractice and a related birth injury caused your child’s cerebral palsy, contact the Albuquerque medical malpractice lawyers at the Fine Law Firm. Our knowledgeable attorneys can listen to your case and give you an honest opinion on whether your claim has merit. If so, we may offer to represent your family during insurance settlement negotiations.
Why Choose Us?
The Fine Law Firm has attorneys with the experience and resources you need. We have recovered millions of dollars for injured victims over 40 years in practice. Parents trust us to represent their cerebral palsy and other birth injury cases for many reasons, including:
- We treat clients like family, maintaining close, personal contact with them throughout the legal process.
- We only collect attorney’s fees if we win a settlement. Our rate is never more than 33%. We’ll lower our rate if necessary to ensure we receive less than our clients.
- We have years of trial experience. We aren’t afraid to take a defendant to court if necessary to maximize compensation for clients.
Cerebral palsy is a serious, lifelong condition. If medical malpractice is to blame for causing your child’s cerebral palsy, trust us with your case for aggressive legal representation.
Why Do You Need a Cerebral Palsy Lawyer?
Insurance companies can take advantage of clients during cerebral palsy birth injury cases. They may try to convince a family to settle for far less than the case is worth, or unfairly deny a legitimate claim. Don’t deal with the back and forth negotiations between your family and an insurer on top of handling your child’s special needs. Hire an Albuquerque Cerebral Palsy attorney to take over legal processes on your behalf. Our attorneys can determine the responsible party and use our resources for your benefit.
What Is Cerebral Palsy?
Cerebral palsy refers to a group of motor function disorders that affect an individual’s muscle development, balance, coordination, movement and posture. It is a spectrum of neurological disorders that generally affect the body’s ability to move.
Cerebral palsy is typically caused by damage to an infant’s brain in development, often before or shortly after birth. Cerebral palsy is a permanent disorder with no known cure. It is non-progressive, meaning it does not worsen over time, but symptoms may change as a child grows and develops.
Symptoms of Cerebral Palsy
The earliest signs of cerebral palsy in an infant may include your child feeling stiff when held, spastic reflexes, involuntary movements, lack of muscle coordination, excessive drooling, speech delays, and seizures. Disabilities in your child may only be present in certain limbs or may affect the whole body. As soon as you notice any of these signs, see a doctor for potential cerebral palsy. This condition will not worsen over time, but there is no cure.
Long-Term Effects of Cerebral Palsy
Cerebral palsy can have many long-term or permanent effects that alter an individual’s life. The chronic health problems and disabilities associated with cerebral palsy can interfere with an individual’s daily life, school, activities, independence, career and personal relationships.
Long-term effects may include:
- Poor motor control and mobility problems
- Lack of muscle coordination
- Involuntary movements
- Trouble with speech and communication
- Vision or hearing impairment
- Joint and bone problems
- Chronic pain
- Mental health challenges and disorders
- Epilepsy or seizures
- Reduced life expectancy
There are four main types of cerebral palsy: spastic, dyskinetic, ataxic and mixed. The symptoms and long-term effects experienced by an individual with cerebral palsy vary based on the diagnosis and the level of brain injury. Some children show mild symptoms while others require lifelong care.
Causes of Cerebral Palsy
Although studies have found that around 90% of cerebral palsy cases are congenital, the remaining 10% (almost 1,000 children per year) may stem from traumatic injuries. Traumatic brain injuries, in particular, may impact the infant’s brain development in a way that triggers cerebral palsy.
Lack of oxygen to the brain (hypoxia) during delivery could be enough to cause cerebral palsy, as could other birth injuries. Untreated maternal infections, infant infections, and fetal stroke and other forms of birth injuries could also cause cerebral palsy.
Medical malpractice refers to a health care provider’s negligence or failure to adhere to the medical industry’s required standards of patient care. Examples of malpractice that can result in cerebral palsy in an infant include failing to monitor fetal vital signs, ignoring signs of fetal distress, failing to order an emergency C-section, and the harmful misuse of birth-assistive tools such as forceps or vacuums.
Who Is Liable? Who Can I Pursue for Damages?
Determining liability for your child’s cerebral palsy may take an investigation into what happened during pregnancy, labor, and delivery. The at-fault party may be the OB/GYN, a nurse or assistant, a surgeon, the hospital/birthing center, or a combination of parties. An Albuquerque Cerebral Palsy lawyer can gather medical records, review the case, and help you answer the question of liability. You have the right to pursue any at-fault party for damages.
Statute of Limitations in Medical Malpractice Cases
In New Mexico, the statute of limitations or deadline for filing a medical malpractice claim is three years from the date of the alleged act of malpractice, in most cases. Under the state’s Medical Malpractice Act (New Mexico Statute §41-5-13), an injured person has three years from the date that the negligent act occurred or was discovered to file.
Cases of cerebral palsy are often discovered and diagnosed later than the date of the malpractice event. It may take months or even years for the signs of cerebral palsy to become noticeable in a child. In these situations, the clock on the statute of limitations won’t start counting down until the date of reasonable discovery.
There is an exception in the case of an injured minor. If the medical malpractice victim is a minor under the age of seven, New Mexico law gives them until their ninth birthday to file. Older minors have until their 19th birthdays (one year from turning 18). If a parent wishes to file a claim on behalf of a minor with cerebral palsy, however, the statute of limitations is the standard three years.
Finally, if the medical facility that committed the act of negligence was a New Mexico state facility or the defendant was a government employee, the statute of limitations is shortened to two years under the New Mexico Tort Claims Act. It’s important to always contact an attorney as soon as possible about a potential cerebral palsy claim to avoid missing your statute of limitations.
Contact Us Today
If a doctor has recently diagnosed your child with cerebral palsy, contact the Albuquerque personal injury attorneys at the Fine Law Firm. Your family could be eligible for damages if someone else’s negligence caused the condition. Call (505) 889-FINE today to schedule your free case evaluation.