A Nationwide Birth Injury Resource

Legal Help for Cerebral Palsy

Long-term care for cerebral palsy is costly

Cerebral palsy doesn't always cause full disability, but the lifelong impact can be severe. Some children have difficulty controlling movement, have limited motor skills, can develop difficulties seeing, hearing and speaking, and suffer from seizures. Many children suffering from cerebral palsy may need lifelong medical care, physical therapy, tutoring, prescription medications, and wheelchairs with accompanying home modifications to accommodate a wheelchair.

There is no cure for cerebral palsy, but treatments and therapies can improve the lives of those who have the condition, and it is important to begin a treatment program as early as possible. Common treatments include medicines; surgery; braces; and physical, occupational, and speech therapy. No single treatment is the best one for all children with cerebral palsy, so before deciding on a treatment plan, it is important to understand all the risks and benefits.

Between the cost of treatment, therapy, medical devices, home modifications and potentially the loss of a lifetime of income, the lifetime cost of a cerebral palsy diagnosis can stretch into the millions or tens of millions of dollars. When a failure to meet medical standards of care causes such an injury, the injured child's family has the right to hold the negligent doctor or hospital accountable.

How malpractice claims interact with cerebral palsy

Malpractice cases arising from cerebral palsy tend to be complex and fact-intensive. Different statutes of limitations (legal time limits) exist across jurisdictions. Often, the patient's attorney needs to retain a medical professional who practices in the same specialty as the negligent provider to testify that an established standard of care was not met. That's why it is important for impacted families to seek legal advice as soon as possible.

Most attorneys who represent victims of birth injury work on a contingency fee basis. That means there is no out-of-pocket cost for the victim's family. Rather, the attorney accepts the case and advances all costs of litigation with an understanding that if the case resolves successfully, the attorney's fee will be a percentage of the damages (financial compensation) recovered. If there is no settlement or judgment for the family, the attorney gets nothing, and the family doesn't have to pay.

You may not be sure what happened to your child or whether you have a case. That is perfectly normal. The important thing is to speak with an attorney licensed in your state as soon as possible to start the process of getting answers. We offer a free consultation service to connect you with an experienced attorney in your jurisdiction who can help.