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Babies are extremely sensitive to physical trauma when they are developing in the womb, during childbirth, and for much of their newborn life. Impacts or substantial pressure against the head of a fetus or newborn can cause skull deformation, which, in turn, may result in permanent brain damage. Sometimes, the medical professionals entrusted with keeping your child safe and healthy are responsible for this kind of harm due to their negligence.
If your child was recently diagnosed with cerebral palsy stemming from a doctor’s error before or during their birth, you may have the right to seek civil restitution. A Harrisburg cerebral palsy lawyer from Lowenthal & Abrams can help you enforce your rights. Even if you just have questions about your legal options and the best path forward for your family, a confidential consultation with a compassionate medical malpractice attorney can provide the answers and information you need.
Understanding Cerebral Palsy as a Medical Condition
Cerebral palsy is a blanket term that refers to a variety of physical, cognitive, and developmental problems that manifest in early childhood and typically stem from brain trauma before or during birth. The most immediately noticeable symptoms of cerebral palsy are the child’s muscles being unnaturally stiff or floppy. Other physical effects of cerebral palsy can include:
- Exaggerated reflexes, referred to as spasticity, when accompanied by overly stiff muscles
- Uncontrollable tremors in limbs
- Ataxia, or extreme difficulty with coordination and balance
- Strongly favoring one side of the body over the other, especially while crawling or grasping objects
- Lack of fine motor skills
- Difficulty walking, or an unusual posture or gait while walking
In addition, cerebral palsy can sometimes result in developmental delays such as:
- Significant intellectual disabilities
- Seizures
- Stunted growth
- Learning disabilities
- Trouble with chewing or speaking
- Loss of sensation
- Problems with incontinence
Evidently, this is a life-altering condition for most children diagnosed with it. A cerebral palsy attorney in Harrisburg can help take legal action against any doctor who caused a child to develop this type of problem.
When Is It Possible To Sue Over Cerebral Palsy?
As consequential as a cerebral palsy diagnosis is, the fact that your child has developed this condition is not sufficient to justify a malpractice lawsuit. To recover civil compensation, you will need to prove that the main and direct cause of your child’s cerebral palsy was from one or more doctors committing a specific negligent act or multiple negligent actions. Additionally, the act in question must constitute a violation of the standard of care that the doctor owed you under the circumstances.
In addition to your initial complaint, you will need to file a certificate of merit. This is a statement written and signed by a qualified medical expert affirming that they have reviewed all the evidence relevant in your case and believe there is a reasonable probability that malpractice occurred. A skilled lawyer can contact experts and complete this procedural step to the satisfaction of the civil court system during your cerebral palsy lawsuit in Harrisburg.
Contact a Harrisburg Cerebral Palsy Attorney for Legal Support
Learning your child has cerebral palsy is uniquely devastating, and no parent or child should ever have to experience it. However, if you can prove your child’s diagnosis stems directly from medical misconduct before your child was born or during childbirth, you can demand comprehensive compensation for the effects this condition will have on your child’s life.
A Harrisburg cerebral palsy lawyer will be a steadfast ally from the beginning to the end of your legal proceedings. Call Lowenthal & Abrams today to discuss your potential claim.
