Cerebral Palsy | February 10, 2017

My Child Has Cerebral Palsy. How Can a Medical Malpractice Lawyer Help?

There is a common misconception that cerebral palsy (CP) is always of a genetic etiology (cause). In fact, in our experience, even therapists and healthcare providers may be unaware that cerebral palsy can be caused by a traumatic birth, lack of oxygen during the birthing process, hypoglycemia during the neonatal period, or any number of other causes.

What is Cerebral Palsy?

Cerebral palsy is caused by abnormal brain development or damage to the developing brain which can be due to any number of causes, some of which are preventable. Although CP can sometimes be a result of genetics, this is certainly not always the case. Cerebral palsy can develop during pregnancy (antepartum), labour and delivery (intrapartum) or in the newborn stage (neonatal).

In our experience, parents might never be told the cause of their child’s cerebral palsy by treating physicians. In other cases, the child’s treating physicians tell the parents that the cerebral palsy is genetic, which may be incorrect. Parents of children with cerebral palsy are often surprised when we tell them that their child’s cerebral palsy may have been caused by medical malpractice and was preventable with proper medical care.

Investigating Causes of Cerebral Palsy

Treating physicians – even specialists – may themselves not know the cause of the CP. A thorough investigation as to whether or not the cerebral palsy was preventable typically entails obtaining the medical opinions of several sub-specialists from various disciplines of medicine, including obstetricians (or perinatologists), neonatologists, neurologists and neuro-radiologists. These specialists must analyze several aspects of the medical information from the perspective of their respective specialties in order to provide a comprehensive and conclusive answer. This kind of comprehensive review and analysis is typically not done in the clinical setting.

Parents might be left wondering how a healthy pregnancy went so wrong, why their healthy newborn developed seizures, why their delivery was so traumatic, or why their baby developed fetal distress during labour and delivery. However, they often do not have the ability, resources, time or energy to investigate further. Oftentimes, the first time that our clients receive a definitive answer as to the cause of their child’s brain injury is following our medico-legal investigation with the help of our team of experts.

In cases where cerebral palsy was caused by medical negligence, both the family and the child with cerebral palsy may be entitled to significant financial compensation for therapies, attendant care, housing modifications, medical equipment, modified transportation etc.

If you are struggling with caring for a child with cerebral palsy, we may be able to help. Contact the lawyers at Sommers Roth & Elmaleh to find out what options are available for you and your family. We have represented parents, children, and their families in a number of ground-breaking medical malpractice lawsuits and have obtained significant compensation for many individuals with cerebral palsy. Call us at 1-844-777-7372 or contact us online for a free, no obligation consultation.

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Hilt this Tamrate

23 May 2023

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4 January 2023

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10 October 2022

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6 October 2022

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29 September 2022

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18 July 2022

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6 June 2022

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Arden Melnechuk

1 December 2021

I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!

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16 April 2021

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18 July 2020

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