Sadly, as a New Jersey law firm that handles birth injuries and defects, many families come to us after their child has received a diagnosis of cerebral palsy. By definition, cerebral palsy is a “birth injury” because the condition develops prior to or during birth. However, there are many different types and severities of Cerebral Palsy birth injuries.
Birth Injury Lawyers for Cerebral Palsy
Families, nurses or doctors will usually spot symptoms or constellation of symptoms following birth that will lead to testing for a brain injury like cerebral palsy. These diagnostic brain and nerve tests help pediatricians and neurologists make a more specific diagnosis as to the nature and extent of the child’s brain injury. It is usually after such testing that a family will learn the type of cerebral palsy or brain/nerve injury that is suspected in the child.
Many times the characteristics of the condition depend on the severity of the child’s muscle limitations and what parts of the brain’s cognitive functions are affected. For example, spastic cerebral palsy is the most common diagnosis. Athetoid dyskinetic is the second most common form of Cerebral Palsy afflicting children. Many times, these conditions are not immediately noticed at birth, but sometime after the child begins to develop. These are congenital birth injuries because these types of CP typically develop in utero. However, if a child has this type of birth injury, it does not necessarily mean that it was caused by medical error or a negligent doctor. These types of birth injuries can, and many times do, happen in the absences of medical negligence. A New Jersey birth injury lawyer will need to carefully review all of the medical records to help determine if this type of brain injury was or was not caused by medical malpractice.
Birth Injury that is attributed to Medical Negligence
There are certain types of cerebral palsy that birth injury lawyers and national organizations recognize as types of birth injuries that can be attributed to an injury or accident by a doctor during the birthing process. For example, Erb’s palsy is a palsy recognized by the National Institute of Neurological Disorders and Stroke. This organization makes that clear that although birth injuries can occur at any time, many Erb’s palsy injuries happen during the vaginal delivery of a baby.
Sadly, many of these types of birth injuries are caused by medical errors or medical malpractice. As a New Jersey birth injury lawyer who represents parents whose children have been diagnosed with cerebral palsy, it is important to understand the nature of the condition with which your child has been diagnosed. There are no hard and fast answers as to whether or not certain types of CP can or cannot be caused by medical malpractice or error. We have tried to give you a general outline above. However, it is always best to speak with a New Jersey or Philadelphia birth injury lawyer to get a full and free evaluation of your child’s condition.
Birth Injury Lawyers in New Jersey and Philadelphia
If you have birth a child who was later diagnosed with cerebral palsy, and you feel that the condition was caused by negligence in the operating room, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the team at the Mininno Law Office earn you and your family the compensation you need and deserve.