How can medical malpractice lawyers help with cerebral palsy?

Cerebral Palsy: How Can a Medical Malpractice Lawyer Help?

As a leading malpractice law firm in Ontario, Sommers, Roth & Elmaleh work with families for various reasons. Working closely with our clients, we help navigate the pain and frustration of an illness that could have been prevented by proper medical care.

One of the most common medical malpractice disorders we assist is Cerebral Palsy. Unfortunately, some Canadians do not know what CP is, or which symptoms monitor.

Here, we will describe the disorder and explain how working with a medical malpractice lawyer can help you seek compensation. This is what you should know.

What is Cerebral Palsy and what are the symptoms?

Cerebral Palsy is a group of disorders affecting fine and gross motor skills in children. Approximately 1 in 323 children develop Cerebral Palsy, and most of the children who do, suffer from ‘spastic’ CP, which includes symptoms such as muscle stiffness and spasms.

While there is much speculation on the cause of CP, clearly it can be caused due to asphyxia (lack of oxygen). There can also be other factors at-play such as, improper fetal development causes brain damage; and potentially a genetic factor to consider. Whatever the cause, the development of Cerebral Palsy can happen throughout the pregnancy, labour, delivery, or early stages of infancy.

Why is it important to ask questions about Cerebral Palsy and compensation?

One of the common misconceptions about Cerebral Palsy is that all cases are genetic. This is wrong. While genetics may play a role in some cases, this is not the source of all CP.

Unfortunately, doctors are often quick to suggest the most straightforward and least threatening answer of genetics, which leaves many parents without a real explanation for what happened to their child.

It is essential to ask questions about Cerebral Palsy and compensation because you are the greatest advocate for your child. Nobody will ever love your child the way that you do or fight for your child with the power that you hold as a parent.

As a malpractice law firm, Sommers, Roth & Elmaleh always recommends further investigating the potential causes of CP rather than taking the first possible diagnosis. In some cases, CP is preventable and avoidable if proper medical support is provided in time.

Caring for a child with special needs is a full-time job and can be very expensive. Even in Canada, where public healthcare is available, specialized treatments and medication are costly. If your child’s CP was caused by the negligence of a physician or medical team, you are entitled to payment toward your child’s medical expenses and other special care. We are here to help ensure you receive that help.

Symptoms of Cerebral Palsy

Cerebral Palsy symptoms are vast and diverse, spanning from external motor development issues to mental and neurological problems. Unlike other disorders of this kind, Cerebral Palsy may only affect one body part, one side of the body, or the entire body. Some of the most common symptoms include:

  • Muscle stiffness and twitching
  • Inability to swallow and control saliva
  • Learning delays
  • Involuntary convulsions and tremors
  • Weak or poor muscle development
  • Incontinence
  • Fine motor delays
  • Problems eating or drinking without help
  • Sight and hearing loss
  • Ataxia, or poor balance
  • Milestone development delays in infants and toddlers
  • Walking disorders and asymmetry in legs and feet
  • Speech and language delays
  • Delayed response to tactile signals such as heat or pain
  • Seizures

What kind of settlement is a family entitled to in cases of malpractice?

Malpractice cases involving Cerebral Palsy are unique in that both the child and the parents will feel lifelong effects following the diagnosis. For some children, multiple medical treatments will be required to lead a normal life. For others, everyday life will not be possible, even with continuous therapy and help from others.

This puts a lot of pressure emotionally, physically, and financially on parents of children diagnosed with CP. In cases of CP, both the child and the parents may receive financial compensation following a malpractice suit involving negligence. This money may be used for transportation, lodgings, medication, specialized medical equipment, caretakers, therapy, and more.

When should you contact a lawyer following a CP diagnosis?

In some cases, we recommend families contact a lawyer even before a Cerebral Palsy diagnosis is made. This is because of the wide range of causes for CP. In a case of any sort of birth injury, which could be the root source of CP, immediately contacting your lawyer is always the best course of action.

The longer you wait between negligent medical care and legal help, the more time there is to fog up the trail of facts leading to your child’s diagnosis. Early legal intervention helps ensure you get the best representation and that your lawyer has all the attributes they need to help your child get the support they need.

If your child is born with low oxygen, poor reflexes, weak muscles, low blood pressure, a weak heart, cranial damage, or misshapen limbs or joints, it is in your best interest to speak to your lawyer about your options going forward.

Even the best doctors miss things, prolong situations that should be viewed as emergencies, and misuse tools. This could lead to infection, tissue damage, and the development of disorders like CP.

To learn more about how a medical malpractice lawyer can help with a Cerebral Palsy diagnosis, call Sommers, Roth & Elmaleh at 1-844-777-7372 or contact us here.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.



    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.


    See Our Lawyer's Reviews

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    JERRY ZHOU
    JERRY ZHOU
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    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!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.