Frequently Asked Questions on Cerebral Palsy
Is Cerebral Palsy preventable?
A: In most cases the answer is yes. While some Cerebral Palsy cases may develop due to unavoidable complications during birth, most cases can be prevented by the application of quality medical care throughout a women’s pregnancy and especially during labor.
Can you be born free of Cerebral Palsy but then develop it later in life?
A: No, Cerebral Palsy is only acquired at birth. While some traumatic brain injuries can cause a Palsy that manifests with symptoms similar to Cerebral Palsy, the diagnosis is different.
Can a mother take some actions during pregnancy to lessen the likelihood Cerebral Palsy will occur?
A: Yes, there are some things a mother can do to lessen the likelihood of her child being born with Cerebral Palsy. Such things include being tested for Rubella before getting pregnant and being vaccinated if not immune, getting adequate nutrition while pregnant, and making sure to get good prenatal care throughout her pregnancy
Can I bring a medical negligence case many years after my child was diagnosed with Cerebral Palsy?
A: The answer is probably not. Cerebral Palsy legal cases are subject to a time constraint called a statute of limitations. Statutes of limitations set a specific time frame for bring a legal case after which any legal claim is barred. Statutes of limitations are sometimes very complicated and can vary based on state, the age of the person who was harmed by the negligence, the type of entity that provider the healthcare, and more. The only way to be sure of your deadline is to contact a qualified personal injury attorney.
Is Cerebral Palsy a progressive disease that worsens over time?
A: No, Cerebral Palsy is not considered a progressive disease. How the symptoms develop depends on the individual person’s case. For some people, the symptoms might lessen or become milder as they get older. For others, the symptoms may become worse.
How many people in the United States are living with Cerebral Palsy?
A: Most estimates put the number of people living with Cerebral Palsy in America at 500,000. Looking at it another way, about two or three children out of every thousand children over the age of three have Cerebral Palsy
What is the prognosis for my infant who has Cerebral Palsy?
A: With good and loving parental care and quality physical/emotional therapy, a child with Cerebral Palsy can accomplish amazing things in life. What’s important is that parents realize that Cerebral Palsy sufferers will have to work harder to reach their full potential and goals may have to be modified to fit the individual. Parents should work with educators, healthcare professionals, therapists, and others to develop realistic expectations for the child with Cerebral Palsy and set him or her on a course to realizing or exceeding those expectations.
The teenage years will be especially critical for it is during this time that a parent will have a fuller picture of the capabilities, energy, enthusiasm, and limitations of a person with Cerebral Palsy. It should be pointed out that one does not have to look far to find people with Cerebral Palsy who have overcome the limitations of their disorder and accomplished success beyond anyone’s dreams.
At what point should I contact a personal injury lawyer?
A: You should contact a personal injury attorney as soon as you receive word from health-care professionals that your child may have Cerebral Palsy, especially if you suspect it was due to medical negligence. Remember, waiting for the official diagnosis may cause you to miss the legally enforced deadline for filing a lawsuit. In many cases, your child may not be diagnosed with Cerebral Palsy for years.
How long will it take for me to receive monetary compensation for my child’s Cerebral Palsy claim?
A: The time it takes to receive compensation will depend on a variety of factors including whether the case settles or goes to trial. Settlement recoveries are almost always faster than winning a lawsuit, which can be appealed and take years to resolve. The reality is that no matter whether the case settles or goes to trial, the process will not be quick. Do not let this discourage you. The amounts involved in Cerebral Palsy cases can be in the multiples of millions of dollars, which is worth the wait given your child’s needs over the course of a lifetime.
How many people are diagnosed with Cerebral Palsy each year?
A: Around 10,000 preschoolers and infants are diagnosed with Cerebral Palsy each year in the United States
I signed a medical consent form at the hospital before giving birth that indicated the hospital was not responsible for any complications. Can I still bring a legal claim?
A: The answer is emphatically yes. A consent form does not absolutely shield a doctor, hospital, or other medical professional from medical malpractice. The consent form simply represents a patient’s acceptance that giving birth entails some risks and potential complications. There is no form you could have signed that would shield a doctor or healthcare professional from providing their legally obligated standard of care.
Can I save money on my lawsuit by avoiding the hiring of medical experts?
A: No, all medical negligence cases, especially those involving complicated medical facts, must involve medical experts. These medical experts must review the medical evidence involved in the case and testify to their conclusions in court
Statistics related to Cerebral Palsy:
- 2 or 3 children out of every 1000 have some kind of Cerebral Palsy
- 1 out of 2,000 babies suffer from Cerebral Palsy at birth
- At least 5,000 infants and toddlers and 1,200-1,500 preschoolers are diagnosed with some kind of Cerebral Palsy each year in the United States
- Over 500,000 people in the United States have some kind of Cerebral Palsy
- 1,129 claims for obstetrics related medical malpractice were paid out in 2002
- 40% of people with Cerebral Palsy experience arthritis at an early age
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