Cerebral Palsy Law Blog : Cerebral Palsy Lawyer & Attorney : Burke & Eisner Law Firm : Medical Malpractice Lawyers & Attorneys

If you or someone you love has been injured while under the care of a medical professional you may want to file a medical malpractice lawsuit in order to be compensated for your injuries. But there are some basic things you should know about medical malpractice before you file your case in order to ensure that you receive the compensation deserved

Medical malpractice is defined as negligence by act or omission by a professional health care provider. Medical malpractice cases often result in a disability such as cerebral palsy or other life-altering injuries and can even result in death. Standards and regulations for medical malpractice vary depending on what country you live in, as well as on the jurisdiction within each country.

Know the Basics About Your Case

In order to determine whether the health care provider who cared for you or your loved one can be legally held liable for your injuries it is essential to figure out whether the injuries are the result of negligence. If your health faltered or a surgery didn't go as expected it doesn't always mean it was the fault of your health care provider. So how do you know whether your health care provider is to blame do to negligence?

There are two key factors to consider whether or not the health care provider was negligent and you have a medical malpractice case. The first is to see whether or not the standards of care were properly followed. The second is whether this standard caused the injury or death. Negligence can happen at different stages in the health care process. The health care provider can give you a misdiagnosis or prescribe the wrong medication or treatment. A doctor can also be deemed negligent if he or she failed to inform you about alternative treatments or about the risks of certain procedures or surgeries.

Whether or not you can prove that the doctor was negligent has no meaning unless you can prove negligence caused or worsened the health condition. Aside from determining whether or not negligence was involved to build your medical malpractice case, it is important to seek the legal help of an attorney who specializes in medical malpractice lawsuits.

Medical malpractice attorneys have experience in cerebral palsy lawsuits and other similair malpractice cases; therefore, they can give you the support you need to ensure you get the compensation you deserve.

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An issue that doesn’t receive a lot of attention in the medical and legal communities (but should) is the treatment of women who are incarcerated while pregnant. Proper care of these women during their pregnancy and delivery is crucial to the health of both the mother and her newborn child. However, an unfortunate reality is that incarcerated moms do not always receive the medical care they need and deserve.

In fact, medical neglect is not uncommon in America’s jails and prisons. And for pregnant women and their babies, the following practices can have dire consequences:

• Shackling during medical appointments, labor and delivery
• Delayed care during a medical emergency
• Delayed transportation to a hospital
• Not responding to patient/inmate complaints

In cases involving fetal distress, for instance, immediate care is necessary to ensure the baby receives adequate oxygen supply. Any delays can result in oxygen deprivation, which can lead to brain damage and conditions like cerebral palsy.

Some states have already enacted legislation for a more humane treatment of pregnant women behind bars, but all states need to make sure that the rights of unborn babies are protected. To learn more about how this issue is treated in your state, you should contact your local representative.

If you were incarcerated during your pregnancy and your baby was diagnosed with cerebral palsy, it may be in your best interest to talk to a medical lawyer about the circumstances surrounding your child’s birth.



 

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Palsy is a term that generally refers to paralysis of some sort. There are several different types of palsy, two of which are sometimes caused by medical malpractice. These two types of palsy are cerebral palsy and Erb’s palsy.

What is cerebral palsy? Thousands of babies are born each year with cerebral palsy, which is actually not a single condition but rather a group of disorders that affect muscle movement and coordination. The precise diagnosis depends on the areas of the body that are affected and how they are affected, but the different types of cerebral palsy include:

• Spastic
• Athetoid
• Ataxic
• Mixed

Cerebral palsy is sometimes accompanied by seizures, mental retardation, vision problems and other health issues. Though it is not a progressive condition (meaning it does not worsen over time), cerebral palsy does not have a cure. Consequently, doctors primarily aim to manage the symptoms with physical therapy, orthopedic devices, occupational therapy and other innovative treatments.

What is Erb’s palsy? Erb’s palsy is a type of injury to the brachial plexus, which is a group of nerves that run from the neck down the arm and into the hand. Brachial plexus injuries often occur during difficult deliveries – for instance, when an infant’s shoulders have to be forced out of the birth canal. In such cases, a nerve in the brachial plexus can be stretched or torn and this may result in paralysis of the upper arm, both the upper and lower arm, or the hand.

Brachial plexus injuries like Erb’s palsy sometimes heal on their own. However, in severe cases, surgery is required for a full recovery. In other cases, the damage may be permanent.

It’s best to seek the expert advice of a medical malpractice attorney if you think negligence caused your child to develop Erb’s or cerebral palsy after birth. A medical lawyer can determine whether you’re eligible for compensation.





 

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When is it too late to sue for a birth injury? – This is a question being debated in a case in the United Kingdom. The case involves a man, now 34, who is seeking damages for injuries suffered due to oxygen deprivation at birth.

In the U.K., individuals may sue for damages up until the age of 21 and this particular case is unique in that the man is filing his case well beyond the legal time limit. His claim, however, is that he was once able to live a relatively normal life whereas his condition has now deteriorated to a point where he requires extensive care.

Shorter Time Limits in the U.S.
In the United States, the statute of limitations (which restricts the amount of time individuals have to file suit) is generally much shorter – usually between one and three years from the time of the injury or the time it was discovered. These time limits are strict and exceptions are rarely made.

It has yet to be determined whether an exception will be made in the case in the U.K. If so, the case would likely be built on faded memories since medical records are usually destroyed after so long a period of time. For this and other reasons, the case raises interesting questions about statutes of limitations on birth injury claims. And not just in the U.K., but in the U.S. as well.

Birth injury claims may involve conditions like cerebral palsy and brachial plexus palsy. Parents who notice cerebral palsy symptoms in their child after a traumatic birth may wish to consult a medical lawyer. A claim against a negligent doctor is viable only if filed within the relevant statute of limitations.

 

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