Charlotte Cerebral Palsy Lawyer

Charlotte, NC Cerebral Palsy Attorney

More than anything else, you want your child to be born healthy. When your child is born with cerebral palsy or Erb’s palsy, the course of your family’s future is changed forever. An experienced Charlotte cerebral palsy lawyer can help you prepare for your new future and make sure that you get the compensation you deserve, whether the negligent actions leading to your child’s condition occurred during pregnancy or childbirth. At Elam & Rousseaux, PLLC, we are ready to help you today.

How Palsies Are Caused

In many cases, cerebral palsy and Erb’s palsy can be prevented. It is the job of doctors, nurses and other healthcare professionals to provide a standard level of care for all patients under all circumstances. When they fail to provide that standard of care, people can suffer life-altering injuries. Many birth injuries are due to a failure to appreciate fetal distress. Doctors and nurses monitor the health of a fetus throughout pregnancy and childbirth in order to make sure dangerous accidents are avoided. By noticing distress in time, they can take proper action to prevent children from developing syndromes such as Erb’s palsy and cerebral palsy. Failure to perform a timely cesarean section can also lead to dangerous birth injuries. Erb’s palsy often involves a fetus that is too big for the birth canal.

Cerebral Palsy Settlement Brings Financial Support for Your Child

Cerebral palsy settlements are compensation for families with children who develop palsies as a result of medical malpractice. This includes economic, non-economic, and punitive damages. Economic damages are quantifiable financial losses that result from the injury like:

• Past, current, and future medical costs from treatment, hospital stays, medications, and surgeries.
• Rehabilitation costs such as physical, occupational, or speech therapy.
• Special education expenses.
• Costly assistive devices such as wheelchairs, walkers, or mobility aids.
• Home modifications to accommodate the child’s physical needs, like installing ramps or adding accessible bathrooms.
• Parents’ lost wages.
• Other out-of-pocket expenses like transportation to and from appointments, special dietary needs, or adaptive clothing.

Non-economic damages are subjective and compensate for non-financial impacts on the family, such as pain and suffering, loss of life enjoyment, and emotional distress.

Punitive damages are less common but are meant to punish the medical professional for particularly egregious actions, like intentional harm or reckless disregard, to deter similar behavior in the future.

The Consequences Of Malpractice

If your child has been born with cerebral palsy, their degree of dysfunction can range from near normal to severe impairment. They may nay need a lifetime of assistance in order to properly address the issues they face, such as losing the use of an arm. Whatever the exact issues facing your child are, we will take the time to make sure that your family gets the long-term care you need.

FAQs

Q: Does Cerebral Palsy Come From Medical Malpractice?

A: Cerebral palsy can be a result of medical malpractice but also prenatally or shortly after birth through damage to the brain, abnormal brain development, infections like meningitis, blood flow problems, or head injuries. For cerebral palsy to be from medical malpractice, the medical professional must have failed to adhere to the standard of care, such as failing to monitor fetal distress, delaying a c-section, improperly using delivery tools, or neglecting maternal infections.

Q: What Is a Lawsuit for Cerebral Palsy?

A: If a child was diagnosed with cerebral palsy, the parents may bring a lawsuit that claims that the medical professionals involved in the child’s birth or early care failed to provide a proper standard of care, leading to the brain injury or damage that caused the cerebral palsy. The lawsuit can seek compensation for medical expenses, rehabilitation costs, ongoing therapy needs, assistive technology and devices, pain and suffering, and other related expenses.

Q: Can I Still File a Lawsuit if Cerebral Palsy Was Diagnosed Years After Birth?

A: Yes, you still file a lawsuit if cerebral palsy was diagnosed after birth, but medical malpractice cases have a statute of limitations. In most cases, you have three years from the date of the injury. North Carolina has a statute of repose that sets an absolute limit of four years from the date of the alleged malpractice, regardless of when the victim’s injury was discovered. But, if the person is a minor, the statute of repose is extended to one year after they reach the age of 18.

Q: What Kind of Compensation Can I Receive from a Cerebral Palsy Lawsuit?

A: In a cerebral palsy lawsuit, you may be awarded economic damages, non-economic damages, and, in some cases, punitive damages. Economic damages are quantifiable financial losses such as medical expenses and caregiving costs. Non-economic damages are subjective and compensate for pain, suffering, and emotional distress. Punitive damages are meant for particularly egregious situations meant to punish the medical professional for their actions.

Contact a Charlotte Medical Malpractice Attorney

Elam & Rousseaux, PLLC, is here to help you in this difficult time. We want to seek justice for you and to see that you are compensated for the wrongs done to you and your family. Tell us what happened to you in a free case evaluation now. Call 704-343-0000 or contact us onlineto get in touch with a skilled Charlotte medical malpractice attorney.