Cerebral Palsy Lawyers
- 40 Years of Experience
- Over $3 Billion Won for Our Clients
- You Pay Nothing Unless We Win
Cerebral palsy (CP) is caused by a brain injury or malfunction that occurs before, during, or immediately after birth. Although this type of injury can occur naturally, it is often the result of a medical professional’s negligence during the birthing process. For parents, finding out that their child has been diagnosed with cerebral palsy can be devastating news. Children with cerebral palsy generally have physical and cognitive difficulties for the rest of their lives, and most will never be fully independent.
If a medical professional’s actions or inaction led to your child’s injury, you may have legal options. The cerebral palsy lawyers at Janet, Janet & Suggs have decades of experience helping families obtain the compensation they need for a secure future.
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If you think malpractice may have led to your child’s CP, we can help.
Did Medical Malpractice Cause Your Child’s Cerebral Palsy?
Many things can go wrong during the labor and delivery process. Your baby could have sustained a birth injury if he/she:
- Needed to be resuscitated
- Had an abnormal head ultrasound, CT-scan, or MRI after birth
- Underwent head or body cooling
- Was diagnosed with HIE (hypoxic ischemic encephalopathy)
- Developed seizures during the first few days of life, or
- Required an extended hospital stay after birth
What to Know About Cerebral Palsy Cases
According to the Centers for Disease Control and Prevention, cerebral palsy is caused by damage to the brain or other abnormal brain development that affects a child’s intellectual functioning and/or ability to control body movement. Some of the most common causes of cerebral palsy include:
- Premature birth
- Infections during pregnancy
- Untreated jaundice and kernicterus
- Birth complications
- Lack of oxygen to the brain
- Lack of blood to the brain
- Injuries during birth
- Infections after birth
In many CP cases, the child’s injuries were caused by medical negligence. By filing a cerebral palsy lawsuit, the child’s family can work to hold the responsible party liable for their negligence and seek damages to help pay for their child’s care. Some of the most common acts of medical negligence in CP cases include:
- Delaying or failing to perform a C-section
- Missing, ignoring, or misinterpreting warning signs from fetal heart monitors
- Failing to effectively resuscitate a newborn who needs help breathing
- Failing to exercise proper care when using forceps or vacuum extractor equipment
- Failing to diagnose or treat an infection
- Misdiagnosing fetal position in the uterus
The compensation you may be able to recover in a cerebral case will depend on the type of cerebral palsy your child has and the level of your child’s disability and impairment in relation to their condition as well as the impact of any commonly related symptoms and conditions:
- Difficulty swallowing, sucking, or eating
- Delays in speech development or difficulty speaking
- Difficulty picking up items and holding them
- Limited range of motion
- Neuromuscular issues
What Constitutes a Cerebral Palsy Case?
Many things can go wrong during the labor and delivery process. Your baby could have sustained a birth injury if he/she:
In order to prove that your child’s cerebral palsy was caused by medical malpractice, our attorneys must be able to establish four things:
- The standard of care. Medical professionals have a legal duty to provide care that is equal to what other medical professionals with similar training would provide in a similar situation. Often, healthcare providers will make arguments about the applicable standard of care (i.e., what they needed to do in a given situation), but experts will say otherwise.
- A medical professional breached the standard of care. If a medical professional fails to act as others would in the same situation, they have breached their duty of care. In a cerebral palsy case, failing to meet the standard of care could include things like ignoring warning signs on a fetal heart monitor indicating that the baby is not tolerating labor well, or failing to perform necessary blood tests.
- The breach of duty of care caused your child’s injury. Your attorney must be able to show that the action or inaction of medical professionals during the birth of your child caused brain damage that led to your child being diagnosed with cerebral palsy.
- Your child’s cerebral palsy diagnosis resulted in damages. Claimants must show that their child’s diagnosis resulted in medical expenses, pain and suffering, a loss of earning capacity, or other damages.
How Long Do I Have to File a Case?
If you suspect that your child’s cerebral palsy was caused by a medical professional’s negligence, it is vital that you contact an experienced cerebral palsy lawyer as soon as possible. There are strict deadlines, known as statute of limitations, on how long you have to file a cerebral palsy lawsuit.
Each state has a different statute of limitations. In addition to the deadline for filing a case, many states require claimants to complete initial steps within even shorter deadlines, especially if the treatment occurred at a public hospital. If you miss the deadlines in your state, you will lose your opportunity to file a case and recover compensation. If contacted quickly, a cerebral palsy attorney can help determine the deadlines and regulations of your state and ensure your case is filed in time.
How Much Compensation Am I Entitled To?
Our cerebral palsy lawyers will work with you and your child’s healthcare specialists to create a life care plan that will estimate the costs of your child’s care throughout their life. We will then work to obtain the maximum compensation we can to help ensure all of those costs are covered.
Depending on your unique circumstances, it may be possible to recover a variety of types of compensation, such as:
Medical expenses. The medical expenses associated with caring for a child with cerebral palsy can be overwhelming. For this reason, the law allows victims of negligence to recover compensation to help cover the costs associated with an injury. This can include:
- Doctors’ visits
- Medical tests and procedures
- Physical therapy
- Speech therapy
- Occupational therapy
- Counseling or psychological therapy
- Assistive equipment, such as wheelchairs
- Home modifications
- Long-term care
- Special education costs
It is vital that you keep track of all of your child’s medical expenses. You should also maintain copies of all of your child’s medical records. If you do not have your child’s medical records, JJS can assist you in requesting and reviewing these.
Lost earnings. If your child will not be able to work (as is the case with most severely injured children), it may be possible to obtain compensation for their lost earning capacity—in other words, the money they would have made over their lifetime if not for the injury. In addition, if you or a loved one has lost wages from having to reduce your hours at work or having to quit working altogether to take care of a child with cerebral palsy, it may be possible to obtain compensation for the wages and income you have lost.
Pain and suffering. Depending on the circumstances of your child’s injury, it may be possible to recover compensation for the physical pain or suffering the child experienced. This can also include the mental anguish and suffering they experienced.
Diminished quality of life. Due to the debilitating qualities of this type of birth injury, it is likely that your child will experience a reduced quality of life. Our cerebral palsy lawyers will fight tirelessly to help you obtain compensation that will attempt to make up for this great loss.
How a Cerebral Palsy Lawyer Can Help with Your Case
Helping your child manage all of these medical issues could cost you up to tens of millions of dollars over the course of their life. Having a reputable cerebral palsy lawyer on your side can help you recover the compensation you need for your child’s future.
At JJS, our cerebral palsy attorneys have experience handling a variety of cases involving all of these types of cerebral palsy. Significant settlements and verdicts from our cases, sometimes record-breaking, have provided compensation that will take care of our clients and their children for the rest of their lives.
Our Dedicated Cerebral Palsy Legal/Medical Division
The Cerebral Palsy Legal/Medical Division at Janet, Janet & Suggs has decades of experience helping families obtain the compensation they need to take care of their children for life. We have both legal and medical experts on our team so that we can navigate medical records, recognize errors, and help you seek the compensation you deserve. Our dedicated team has helped over 30,000 families nationwide.
Howard Janet has won multiple record-breaking jury verdicts in birth injury and other CP cases. Mr. Janet has the courage to take the fight to the courtroom if a settlement offer is inadequate. He puts great pressure on medical malpractice insurance companies to pay what cases are really worth. That has translated into record-setting settlements to go along with his unprecedented verdicts.
Kenneth Suggs is one of the country’s most experienced and talented CP lawyers. Over his 40-year career, Mr. Suggs has taken on tough CP cases and has broken records in the process. He is so highly respected nationally that he was elected president of the Association of Trial Lawyers of America (now known as the American Association of Justice).
Gerald Jowers represents patients harmed by medical malpractice, pharmaceuticals, and medical devices. He has produced extraordinary results for clients and their families, both at the settlement table and in the courtroom.
Giles Manley is a preeminent medical malpractice lawyer who is also a board certified OBGYN. Dr. Manley has delivered over 2,000 babies and uses his wealth of medical knowledge to uncover medical errors that were missed by others (keep in mind most CP cases involve errors committed at or around the time of birth).
Featured Verdicts and Settlements
- $33.5 Million for Delayed C-section: A jury awarded this record-breaking verdict after finding that delays in performing an urgently needed cesarean section resulted in a baby developing severe brain damage and cerebral palsy.
- $24.25 Million for Failure to Diagnose: A record-breaking medical malpractice jury verdict, obtained for a child who suffered brain damage and cerebral palsy because her doctors failed to properly diagnose and respond to an airway obstruction.
- $18.1 Million for Mismanaged Labor and Delivery: Verdict obtained on behalf of a child who developed spastic quadriplegic cerebral palsy after the mother was taken off of continuous electronic fetal monitoring and placed on intermittent monitoring despite known risk factors.
- $18 Million for Medication Error: A settlement obtained in a case against a pharmacy that negligently dispensed incorrect medication to a pregnant mother, resulting in her child developing a neural tube defect, resulting in paraplegia and other significant injuries.
- $15.1 Million for Mismanaged Delivery: A trial award by a Federal Judge in a Tennessee case against an Army Community Hospital whose improper fetal monitoring during delivery and failure to properly inform the mother of specific risks led to her child suffering a hypoxic-ischemic brain injury, resulting in cerebral palsy and lifelong neurological deficits.
Locations We Serve
Because our cerebral palsy attorneys have court approval to practice in various states throughout the country, we are familiar with the many laws and regulations that vary between states. Our cerebral palsy lawyers have handled cases throughout the country.
We are licensed to practice in more than 10 states. We are proud to serve Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia, and Washington, DC. We have also been granted permission to practice in many more states with court approval.
Why Choose Janet, Janet & Suggs to Help with Your Cerebral Palsy Case?
At JJS, we are committed to helping parents get the compensation they need to take care of their children.
Together, our medical malpractice, birth injury, and cerebral palsy lawyers have a proven record of identifying cerebral palsy lawsuits caused by negligence and fighting to get maximum compensation for our clients.
In addition to being a fighting force in the courtroom and at the settlement table, our cerebral palsy attorneys are committed to defending the rights of cerebral palsy patients in all aspects of their lives. Our victories in court have effectively lengthened the time limits for filing claims for victims of fraudulent physicians and expanded the right for children to be compensated for their injuries. We also helped create the Cerebral Palsy Family Network to help all children with cerebral palsy by helping like-minded families connect and get all the information they need.
Janet, Janet & Suggs is committed to helping you seek the compensation you need to take care of your child. We do not charge any upfront costs, and you pay us nothing unless we recover money for you. Contact us today for a free, no-obligation consultation to learn more about your rights and steps for filing a lawsuit.