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Understanding When Malpractice Causes Cerebral Palsy

Understanding When Malpractice Causes Cerebral Palsy

Cerebral palsy is a diagnosis no parent wants to hear, as it is a condition that causes permanent disability and requires ongoing medical attention. It is a significant problem in the United States today, with the Centers for Disease Control and Prevention estimating that an average of 1 in every 303 children in the United States have the condition. Cerebral palsy, often shortened as “CP,” is a non-progressive condition that causes problems with muscle coordination and potentially other disabilities that are usually caused by damage to the motor control centers of the brain. CP can be caused by events before, during, or after birth until around age 3. Cerebral palsy can cause problems in speaking, learning, movement, thinking, and sensory perception, among others. Signs and symptoms of CP may not be readily apparent, and can include abnormal muscle tone, issues with fine motor control, poor reflexes, joint or bone deformities, problems with balance, involuntary, among others.

Causes

There are several factors that could cause CP, including hereditary factors, birth injuries, prenatal issues, or medical malpractice. When malpractice causes CP, a person and their family may be able to recover damages through an Indiana medical malpractice lawsuit. Many injuries that result in CP occur during birth, and may be due to a lack of oxygen to the newborn’s brain or body. Some of the kinds of medical mistakes that may lead to a child developing CP include:

  • Failure to diagnose infections during pregnancy
  • Waiting to perform a necessary cesarean section
  • Not monitoring the fetal heart rate
  • Not treating a prolapsed umbilical cord
  • Failure to diagnose jaundice

There is no cure for cerebral palsy, and treatment involves a lifelong process attempting to mitigate the conditions people may have. While the brain damage associated with CP will not worsen over time, symptoms may grow worse with age. CP does not necessarily affect a person intellectually, and people with CP can range in IQ from genius to intellectually disabled. People with CP often engage in various forms of therapy, including physical, occupational, massage, and speech therapy, as well as requiring on-going medical care and attention. In addition, people with CP may utilize biofeedback therapy, which has been shown in studies to significantly improve gait in children with the condition.

As one can imagine, the cost of treating cerebral palsy can be astronomical, and if someone else needlessly caused your child’s CP it is important to hold them responsible through an Indiana medical malpractice lawsuit.

Because the causes of cerebral palsy are extremely varied, it is important for anyone affected by this condition to consult with an experienced Indiana medical malpractice attorney to determine whether the CP was caused by someone else’s negligence. Because these cases often involve highly specialized medical issues, it is best to retain an attorney who was the skill and knowledge necessary to adequately represent clients who are alleging that medical malpractice caused CP. Depending on the circumstance of your case, you could be entitled to significant recovery from the responsible party or parties.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

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Your Legal Team

Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.