Fighting for the rights of children and families when a medical mistake leads to cerebral palsy

Cerebral palsy (CP) is a neurological condition that affects about 1 in every 345 U.S. children, according to the Centers for Disease Control and Prevention (CDC). Given that over 3.6 million babies are born in the U.S. each year, this translates to around 10,000 new diagnoses of cerebral palsy annually, making it one of the most common birth injuries.

While CP can result from a number of natural causes, it can also be caused by medical mistakes that occur before, during, or shortly after labor and delivery. Birth injuries like cerebral palsy often lead to lifelong challenges for both children and families, making it crucial for families to have the resources they need to help their children thrive.

At Palmer Lopez, our experienced Tampa cerebral palsy attorneys help families gain access to these resources by holding doctors and hospitals accountable for their mistakes, with the goal of securing the greatest amount of compensation possible to deal with these additional lifetime costs.

Is cerebral palsy a birth injury?

Cerebral palsy can result from natural causes that may not always be preventable, including certain blood disorders, maternal infections, or severe jaundice. However, it’s important to understand that even in cases where natural causes lead to CP, the effects can sometimes be minimized with timely and appropriate medical intervention. 

CP is often the result of birth asphyxia (a lack of oxygen) to the fetus shortly before, during, or immediately after labor and delivery. Since prolonged deprivation of oxygen is a well-known cause of cerebral palsy, it’s up to the medical staff responsible for the birth to take appropriate steps to make sure this doesn’t happen. 

Other common medical mistakes that can lead to CP in a newborn include using an excessive amount of force during delivery, improperly using birthing tools like forceps or vacuum extractors, and failing to diagnose or manage fetal malposition (breech or transverse), misuse of epidurals, umbilical problems, or placental issues.

What are the red flags of cerebral palsy?

Cerebral palsy can impact different areas of the brain in different people, so its effects vary from person to person. Although CP is often not diagnosed until a child is 2 to 3 years old, some warning signs may be evident much earlier, including soon after birth. 

Potential early indications of cerebral palsy in newborns, infants, and toddlers include:

Learning disabilities or behavioral issues may be present as well, depending on the areas of the brain affected. Difficulty in controlling movements is a general hallmark that affects most people with CP, and poor muscle tone or control can make even basic tasks of daily life difficult or impossible to complete unaided.

Should I file a NICA claim for my child’s cerebral palsy?

Florida has a compensation plan in place for children born with cerebral palsy, Erb’s palsy, and other neurological birth injuries. These claims are known as NICA claims, after the Florida Birth-Related Neurological Injury Claims Act. 

What is a NICA case?

A NICA claim is an administrative claim for compensation that does not require you to file a lawsuit or prove that a doctor or hospital was negligent in causing your child’s birth injury. However, there are over half a dozen specific criteria that must be met to qualify for a claim, and compensation is limited to certain “medically necessary and reasonable” medical costs.

It is important to understand the immense financial burden of cerebral palsy, which is typically about $500,000 for the lifetime cost of care. The quality of life of the affected child and family is another harm that is often considered when seeking to hold doctors and hospitals accountable through a civil birth injury lawsuit that is not payable through a NICA claim.

Different statutory deadlines and other criteria apply to NICA claims versus civil lawsuits, and some injury victims could tragically wind up being shut out of receiving any compensation at all by pursuing the wrong course. 

To protect your rights, it’s highly recommended that you contact a cerebral palsy attorney as soon as possible to understand your legal options and ensure you follow the best path to receiving appropriate compensation for your child’s injury.

Looking for the best cerebral palsy birth injury attorney in Tampa?

If your child was born with cerebral palsy in a Tampa-area hospital, contact Palmer Lopez for a no-cost, confidential consultation. Our experienced Tampa medical malpractice lawyers will answer your questions, help you understand your options, and fight to get your family the compensation you need to help your child live their life to the fullest.

Don’t settle for anything less than what your child deserves. Schedule a free consultation with Palmer Lopez today to ensure your family’s rights are protected.