Cerebral palsy is a lifelong condition that can significantly impact a child’s quality of life and require ongoing medical care and support. If your child has been diagnosed with cerebral palsy due to medical negligence or malpractice, you deserve justice and compensation for the harm caused. Contact Tiano O’Dell, PLLC, by calling (681) 233-9346 or sending us a message online to arrange a free consultation today.
Charleston, WV Cerebral Palsy Resources
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Why Choose Our Attorney?
What is Cerebral Palsy?
What Are the Four Types of Cerebral Palsy?
Possible Causes of Cerebral Palsy
Benefits of Hiring an Attorney
Potential Damages in a Cerebral Palsy Case
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Why Choose Our Charleston, WV Cerebral Palsy Lawyer?
- With over two decades of experience, we have secured substantial settlements and verdicts that have provided families with the financial resources needed to support their child’s care and future needs.
- Our team is dedicated to providing compassionate support and personalized attention, ensuring you feel heard and understood throughout the legal process.
- Our medical malpractice attorney in Charleston, WV accepts cerebral palsy cases on a contingency fee basis, which means there are only legal fees if you win.
What is Cerebral Palsy?
Cerebral palsy is a neurological disorder that affects a person’s movement, muscle control, and coordination. It is caused by damage or abnormal development of the brain, usually occurring during pregnancy, childbirth, or shortly after birth. While the exact cause of cerebral palsy may vary, medical negligence and malpractice can significantly contribute to its development.
Individuals with cerebral palsy often face a lifetime of challenges. Motor impairments, speech difficulties, cognitive limitations, and sensory issues are common symptoms that can impact their overall quality of life. Treatment and ongoing care for cerebral palsy can be expensive, placing a significant financial burden on families.
What Are the Four Types of Cerebral Palsy?
The four types of cerebral palsy are:
Spastic Cerebral Palsy
This is the most common type of cerebral palsy, affecting approximately 70-80% of individuals with the condition. Spastic cerebral palsy is characterized by increased muscle tone, causing stiffness and difficulty with movement. It can affect one side of the body (hemiplegia), both legs (diplegia), or all four limbs (quadriplegia).
Athetoid/Dyskinetic Cerebral Palsy
Athetoid or dyskinetic cerebral palsy accounts for about 10-20% of cases. Individuals with this type of cerebral palsy experience uncontrolled and involuntary movements due to damage to the basal ganglia, a part of the brain responsible for coordinating movement. These movements can be slow, writhing, or twisting, making it challenging to control posture, speech, and fine motor skills.
Ataxic Cerebral Palsy
Ataxic cerebral palsy is relatively rare, occurring in approximately 5-10% of cases. It primarily affects balance, coordination, and depth perception. People with ataxic cerebral palsy may have difficulties with precise movements, such as writing or buttoning clothes. They may also experience tremors and shaky movements.
Mixed Type Cerebral Palsy
Some individuals may exhibit a combination of symptoms from different types of cerebral palsy. This is known as mixed type cerebral palsy. For example, a person may have both spastic and athetoid/dyskinetic features. The specific symptoms and severity vary from person to person, depending on the extent and location of brain damage.
Possible Causes of Cerebral Palsy
Cerebral palsy is typically caused by damage or abnormalities in the developing brain, often occurring before or during birth. However, it can also occur within the first few years of a child’s life. The exact cause of cerebral palsy may vary from case to case, but several potential factors can contribute to its development. Some of the possible causes include:
Birth Injuries
In some cases, cerebral palsy can result from birth injuries caused by medical negligence or errors during labor and delivery. These injuries may occur due to oxygen deprivation, trauma to the head, improper use of delivery tools, or delays in performing a necessary cesarean section.
Prenatal Infections
Certain infections contracted by the mother during pregnancy, such as rubella, cytomegalovirus (CMV), toxoplasmosis, or herpes, can increase the risk of cerebral palsy in the child.
Maternal Health Issues
Failure to treat maternal health conditions, such as high blood pressure, diabetes, thyroid disorders, or clotting disorders, can contribute to the development of cerebral palsy in some cases.
Lack of Oxygen (Asphyxia)
Oxygen deprivation to the baby’s brain during pregnancy, labor, or delivery can cause brain damage and lead to cerebral palsy. This can occur due to issues such as placental complications, umbilical cord problems, or prolonged labor.
Jaundice and Kernicterus
Severe jaundice, if left untreated, can lead to a condition called kernicterus, characterized by high levels of bilirubin in the blood. Kernicterus can cause brain damage and result in cerebral palsy.
Genetic Factors
In a small percentage of cases, cerebral palsy may have a genetic component.
Premature Birth
Babies born prematurely (before 37 weeks of gestation) are at a higher risk of developing cerebral palsy. The earlier the birth, the greater the risk, as the brain may not have had sufficient time to fully develop.
What Are the Benefits of Hiring a Charleston, WV Cerebral Palsy Attorney?
Hiring a cerebral palsy lawyer can provide numerous benefits for families navigating the legal complexities of cerebral palsy cases. Firstly, an attorney with experience in cerebral palsy and medical malpractice understands the intricacies of these cases, including the medical and legal aspects involved. They have the resources and knowledge to thoroughly investigate the circumstances surrounding the child’s condition, gather necessary evidence, determine who is liable, and build a strong case on behalf of the family.
Additionally, a cerebral palsy lawyer has access to a network of medical experts, investigators, and professionals who can provide crucial support and strengthen the case. Moreover, a cerebral palsy lawyer acts as a dedicated advocate for the family, handling all legal aspects to ensure the family receives fair compensation and justice.
Potential Damages in a Cerebral Palsy Case
In a cerebral palsy case, various types of damages may be available to compensate an affected child and their family for the harm caused by medical negligence or malpractice. Some common types of damages include:
- Medical Expenses: Current and future medical expenses.
- Rehabilitation and Therapy: Cerebral palsy often requires extensive rehabilitative services and therapy to improve the child’s physical, cognitive, and communication abilities.
- Home Modifications: Home modifications may be necessary to enhance accessibility and accommodate the child’s specific needs.
- Caregiver Support: Cerebral palsy can place a significant burden on the child’s family, necessitating ongoing care and support. Damages may be awarded to compensate for the family’s expenses related to loss of income, caregiving, respite care, and other support services.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life caused by cerebral palsy.
- Loss of Enjoyment of Life: Cerebral palsy can significantly limit a child’s ability to participate in certain activities and enjoy life to the fullest.
- Lost Earning Capacity: In severe cases of cerebral palsy, the child may face limitations in their ability to work and earn income in the future. Damages may be awarded to compensate for the potential loss of earning capacity and vocational opportunities.
- Educational Needs: Children with cerebral palsy may require special education services, tutoring, assistive technology, and other academic accommodations.
- Emotional Distress and Mental Anguish: Both the child and their family may experience emotional distress and mental anguish as a result of the child’s condition.
The specific damages awarded will depend on the circumstances of the case and the extent of the child’s injuries. Our cerebral palsy and Erb’s palsy lawyer in Charleston, WV can help you get a better sense of what your unique case may be worth.
Call Our Charleston, WV Cerebral Palsy Lawyer Today
We will provide a free and thorough evaluation of your case and explain your legal options, ensuring that you understand the process and feel empowered to seek justice for your child’s future. Call (681) 233-9346 or send us a message online today.