Seek Justice for Medical Negligence With Us
Cerebral palsy is a common problem that affects how children move in the United States. It happens when a baby’s brain gets hurt before, during, or after being born. Often, it’s because of a problem during birth. In this case, you may need the help of a cerebral palsy attorney in Los Angeles, CA.
If your child has cerebral palsy because of a mistake made by a doctor or hospital, you may be able to get money to help your family. The cerebral palsy attorney in Los Angeles CA at Haffner Law knows how hard it can be to deal with cerebral palsy, and we will help you get the money you deserve. You can call us today for a free case review to talk about your situation.
Why Do I Need a Cerebral Palsy Attorney in California?
Taking care of a child with cerebral palsy can be a lot of work, and it can be even harder if you have to deal with a lawsuit. If you hire our skilled personal injury lawyer, you can focus on your family, and they will help you get the most money possible.
The qualified cerebral palsy attorney in Los Angeles CA at Haffner Law knows how to help you get the money you deserve. Here’s how we can help:
- Investigate your case thoroughly and determine what caused your child’s injury
- Identify any healthcare provider whose negligence may have contributed to the injury
- Consult with professionals to determine the monetary value of your personal injury claim
- Prevent insurance providers from pressuring you into accepting a substandard offer
- Demand accountability from negligent parties and a reasonable settlement
If your child has cerebral palsy because of a mistake made by a doctor or medical worker during their birth, you can make them take responsibility and pay you money to help your family. We can help you get as much money as possible. You can talk to us, and we will listen to your situation, explain what can be done, and answer any questions you have.
What is Cerebral Palsy?
Cerebral palsy is a problem with the brain that happens when a baby is growing in their mother’s belly or when they are born. The brain gets hurt and can’t be fixed. This means that the problem won’t get worse over time.
What Are the Causes of Cerebral Palsy?
When a child is diagnosed with cerebral palsy, their family often wants to know how it happened. Many things can cause cerebral palsy, but some of the most common ones include:
Maternal Infection
If a mother gets sick with certain infections while they are pregnant, it can hurt the baby’s brain. One example is Group B Strep. If the infections are not treated quickly and correctly, the baby’s brain might not grow properly or get damaged.
Absence of Oxygen
When a child doesn’t get enough oxygen to their brain, it can cause brain damage and lead to cerebral palsy. This can happen for different reasons, such as if the umbilical cord is too tight, if the doctors or nurses don’t take good care during delivery, or if the mother gets certain infections while pregnant.
Poorly Administered Neonatal Care and Jaundice
Jaundice is a common condition that many babies have. But if it gets really bad and nobody does anything to treat it, it can hurt the baby’s brain and lead to cerebral palsy.
Infection or Illness in Infants
If a baby gets sick with an infection like meningitis during the first few months of their life, it can be very harmful if the doctors and nurses don’t treat it quickly and correctly.
Mismanaged Delivery
Sometimes, doctors and nurses can make mistakes during a baby’s birth. This might happen if they use tools like forceps or vacuums in the wrong way or if they don’t do a C-section when they should have.
How Does Medical Negligence Result in Cerebral Palsy?
When you’re pregnant, you trust your team of doctors to take care of you and your child. But sometimes doctors can make mistakes that harm you or your baby. Medical negligence happens when a medical professional doesn’t meet the standard of care that other doctors in the same field would in similar circumstances.
If your doctor makes a mistake while you’re under their care, they may be responsible for the injury you suffer. Mistakes that could cause cerebral palsy include:
- Infections undiagnosed during pregnancy
- Lack of child monitoring during prenatal care
- Fetal distress ignored or undiagnosed during delivery
- Failure to use proper care and technique when utilizing delivery aids
- Refusing to perform a C-section when it is medically required
- Delaying a Cesarean section when medically required
- Failing to recognize that a newborn is not receiving adequate oxygen
- Failure to properly identify the position of the fetus in the uterus
What Are the Typical Cerebral Palsy Signs and Symptoms?
Cerebral palsy may not always show its symptoms right away, and some children may not show any signs until they are in preschool. However, certain indications could point to cerebral palsies, such as:
- Incapable of rolling over
- Limited motor function or control
- Incapacity to bring both hands together
- Crawling with one side of the body dominant
- Weakened by flaccid muscles
- Muscle spasticity or muscle rigidity
- Muscular incoordination
- Scooting around on the rear as opposed to crawling
- Using one hand dominantly while maintaining a fist with the other
As a child grows, the symptoms of cerebral palsy may become more noticeable. If you observe that your child is having trouble with their movements or balance, it is essential to seek medical attention immediately to get a proper diagnosis. The sooner you know what is happening with your child, the more options you will have for treatment.
With appropriate medical care and therapy, children with cerebral palsy can have a better quality of life. This is why it is crucial to collaborate with our reliable cerebral palsy attorney in Los Angeles CA who can assist you in receiving compensation if your child’s injury was caused by a medical professional’s negligence.
What Do I Do If I Suspect My Child Sustained a Cerebral Palsy Due to Medical Negligence?
If you think you’ve been injured by medical malpractice, there are a few things you can do. First, see another doctor and tell them what happened. Ask them to write a note in your medical records or a letter explaining why they think malpractice occurred. This can be important evidence later.
Second, contact a personal injury lawyer who specializes in medical malpractice. Haffner Law is one option in California. Our skilled cerebral palsy attorney in Los Angeles CA can help you understand your legal rights and options for getting compensation.
Doctors are supposed to take good care of us, but sometimes they make mistakes. If this has happened to you, you deserve to be compensated. Don’t wait – call us today to start on the road to recovery.
Who Can Be Held Legally Liable for a Cerebral Palsy in California?
Cerebral palsy is a serious neurological disorder that can occur due to a variety of factors, including birth injuries, medical malpractice, and other types of negligence. In California, liability for cerebral palsy may be attributed to several parties depending on the specific circumstances of the case. Here are some possible scenarios:
Medical Professionals
If a medical professional’s negligence caused a child to develop cerebral palsy, the medical professional may be held liable. This could include doctors, nurses, midwives, anesthesiologists, and other healthcare providers.
Hospitals or Medical Facilities
If the cerebral palsy was caused by inadequate training or staffing, insufficient equipment, or a lack of proper protocols at a hospital or medical facility, the hospital or facility may be held responsible.
Manufacturers of Medical Devices or Equipment
If a medical device or equipment used during labor or delivery contributed to the development of cerebral palsy, the manufacturer may be held liable.
Others
In some cases, liability for cerebral palsy may also be attributed to a variety of other parties, including caregivers, daycare providers, or individuals who caused an injury that resulted in cerebral palsy.
It’s important to note that each case is unique, and liability for cerebral palsy will depend on the specific circumstances of the case. If you or a loved one has suffered from cerebral palsy, it’s best to consult with our versed personal injury attorney, who can help you understand your legal options.
Is My Child Eligible for a Cerebral Palsy Lawsuit?
To be eligible for a cerebral palsy lawsuit, certain requirements must be met. Some of the factors that must be considered include:
- An official diagnosis of cerebral palsy
- There is evidence that medical negligence caused cerebral palsy
- A qualified medical expert confirms you have a case of medical malpractice
To show that medical negligence happened, you need to prove that a medical professional was supposed to take care of you but did not. You also need to prove that their actions caused your child to have cerebral palsy and caused damage to your family.
All of these things can be complicated to figure out by yourself, but our knowledgeable cerebral palsy attorney in Los Angeles CA can help you understand them and decide if you have a good case.
How to Prove Negligence in a Cerebral Palsy Injury Claim?
If you or a loved one has been injured due to the negligence of a medical professional, it’s important to understand the four elements of a negligence claim that your personal injury lawyer needs to demonstrate to receive compensation for your injuries. These elements are duty, breach, causation, and damages.
Duty
The first element means that the responsible party had a duty of care to you. This means that they were obligated to provide reasonable care and treatment that other medical professionals in the same field would provide in similar circumstances. For example, if you were pregnant and seeking medical care, your doctor would have a duty of care to you and your child.
Breach
The second element means that the responsible party breached that duty of care. This means that they failed to provide the appropriate standard of care that they were obligated to provide. For example, if your doctor failed to diagnose a condition that other medical professionals would have reasonably diagnosed, they breached their duty of care to you.
Causation
The third element means that the breach directly caused your injury. This means that the harm you suffered was a direct result of the responsible party’s breach of their duty of care. For example, if your doctor’s failure to diagnose a condition led to your child developing cerebral palsy, there is a direct link between their breach of duty and your child’s injury.
Damages
The fourth element means that you suffered harm or losses as a result of the injury. This can include physical, emotional, and financial damages, such as medical bills, pain and suffering, and lost wages. For example, if your child’s cerebral palsy has resulted in costly medical treatments, emotional distress, and the need for ongoing care, these are damages that you may be entitled to compensation for.
Proving each of these elements can be challenging, but our competent cerebral palsy attorney in Los Angeles CA will work thoroughly to prove each of these elements to strengthen your case. Contact Haffner Law today for a free case review.
What is California’s Comparative Negligence Rule?
California follows a pure comparative negligence rule which means that you can still file a claim for your injuries even if you were partly responsible for what happened. However, the amount of money you can receive will be reduced based on how much you are at fault. For example, if you were 50% at fault for the accident, you would only be able to recover 50% of the damages.
Who Determines the Percentage of Fault in California Cerebral Palsy Injury Cases?
Sometimes, the judge decides how much fault each party has in a case. But usually, the jury is the one who decides based on the judge’s instructions. In some cases, the defendant might say that the plaintiff was partly responsible for what happened. In those cases, the jury has to decide how much fault each party has, using California’s comparative negligence rules.
The jury follows specific instructions to decide who is to blame. They can’t assign blame unless there is enough evidence to support it, and the total percentage of blame assigned must add up to 100%. Both the plaintiff and the defendant can be assigned some of the blame.
How Does Comparative Negligence Rule Function When Multiple Parties Are at Fault?
In cases where multiple parties are responsible for the injury, comparative negligence still applies. The judge and jury will follow the same process to assign fault and use it to award a percentage of the total case value.
When the term “joint and several” is used, it means that the injured party can recover damages from one or both of the responsible parties. For instance, if the plaintiff can receive the full amount of damages from either responsible party, the defendants can then file their claims against each other for the amount awarded in damages.
However, joint and several liabilities only apply to economic damages, which are damages that can be quantified in monetary terms. As per California Civil Code Section 1431, non-economic damages must be recovered separately from each defendant for their apportioned percentage of responsibility for those specific types of damages.
This means that the defendants are held responsible for the portion of damages that they are found to be responsible for, and the injured party must pursue separate legal action to recover those damages from each defendant.
What Kind of Financial Settlement Can I Get for My Cerebral Palsy Injury Claim?
Our versed personal injury lawyer will carefully review your case and evaluate all the damages that you and your family have suffered. We will assess the economic damages that can be calculated from your medical bills and receipts. We will also consider your non-economic damages, such as emotional distress and pain and suffering.
Once we have determined a fair settlement amount, we will demand payment from the responsible medical professional, hospital, or insurance company. The liable party may accept the settlement offer, make a counteroffer, or reject it. If an agreement cannot be reached, we may file a lawsuit and seek compensation for your losses through a trial.
The settlement can be provided as a one-time lump sum payment or a structured settlement, which is paid out over time.
What Damages Can I Recover for My Cerebral Palsy Injury Claim?
Medical care in the United States is known to be very expensive. If your child has cerebral palsy due to a doctor’s mistake, it’s not fair for you to bear the burden alone. The mistake of someone else has permanently affected your child’s life as well as yours.
Even though you cannot undo what happened, you can file a cerebral palsy injury lawsuit to recover damages that will help provide for your child in the long run. The damages may cover past, current, and future expenses such as:
Medical Expenses
You should be able to get compensation for all the expenses related to your injury, including doctor visits, medical supplies, and prescription medications.
Physical Rehabilitation and Therapy
Children may require therapy to address issues related to their physical abilities, speech and language development, and cognitive development.
Lost Earning
Taking care of a child with cerebral palsy may require you to take time off from work, resulting in lost income. Moreover, due to their condition, your child may never be able to have a stable and well-paying job in the future.
Pain and Suffering
Cerebral palsy can be very difficult for families, causing them a lot of hardship. While no amount of money can make up for the damage done to your child’s well-being, a settlement can help make things a little better.
What is California’s Statute of Limitations for Cerebral Palsy Injury Claims?
In California, there is a deadline for filing a medical malpractice lawsuit. The deadline is three years after the injury occurs or one year after the injury is discovered.
Let Our Experienced Cerebral Palsy Attorney in Los Angeles, CA, Fight for You
The legal landscape surrounding cerebral palsy cases can be complex, and holding the responsible parties accountable requires the experience of an accomplished personal injury attorney.
At Haffner Law, our team has a proven track record of successfully representing families impacted by cerebral palsy, and we’re committed to ensuring that our clients receive the compensation and justice they deserve.
If you or a loved one has been affected by cerebral palsy, don’t hesitate to reach out to us for a free consultation. Our compassionate and knowledgeable cerebral palsy attorney in Los Angeles CA will take the time to understand your unique situation and provide you with a clear roadmap for seeking justice.
We pride ourselves on being fierce advocates for our clients, and we’ll fight tirelessly to ensure that your rights are protected. Contact us today for a free case review to learn more about how we can help.
We can also help you legally with Bad Faith Claims, Property Damage, and Class Action Lawsuits.
