Washington, DC Cerebral Palsy Lawyer

Did Your Child Receive a Cerebral Palsy Diagnosis After a Birth Injury?

Are you the parent or legal guardian of a child or other loved one who has been diagnosed with cerebral palsy? Birth injuries can be traumatic and completely alter the course of your family’s life. While cerebral palsy can be due to natural development if the injury is the result of an avoidable error or another form of medical negligence you may choose to pursue legal action.

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Who Can Help You with Your Birth Injury Claim?

A leading Washington, DC cerebral palsy lawyer at Regan Zambri Long PLLC is ready to fight for justice on your behalf. When medical negligence causes your child’s condition, we hold the responsible parties liable for the damage. We know the impact that a cerebral palsy diagnosis has, and we will stand by you throughout this fight.

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Our attorneys are very experienced in handling cases involving cerebral palsy and other birth injuries. For example, Regan Zambri Long recently won a settlement of $4.2 million for a child who suffered severe brain injuries at the time of his birth due to the negligence of a Maryland hospital and its physicians. The settlement included periodic payments which are expected to provide over $10 million in benefits to the child over his lifetime.

Our consultations are free – we only collect a fee if we win your case. Call us today at 202-960-4596 or send us a message to get started by speaking with a lawyer today.

What Is Cerebral Palsy?

Cerebral palsy is a general medical term used to describe chronic brain disorders that impair a child’s ability to control body movement. Cerebral palsy occurs either through abnormal brain development or damage was caused to the developing brain before the child is born.

The baby sustains damage to their brain’s white matter (also known as periventricular leukomalacia or PVL) and loses brain tissue, which is caused by bleeding or a decrease of blood and oxygen in the brain. The condition can happen naturally, but it can also be the result of a medical practitioner’s negligence.

There are four types of cerebral palsy:

Spastic: The most common type of cerebral palsy, spastic cerebral palsy has stiff muscles due to an increased muscle tone. This can impact their ability to walk. In some severe cases, it can affect one side of the body or all four limbs.
Dyskinetic: In dyskinetic cerebral palsy cases, the muscle tone changes often, causing a lack of control in the individual’s movements.
Ataxic: With ataxic cerebral palsy, the individual’s balance and coordination are affected. Although they will be able to move around, they may have difficulty with quick or sudden movements.
Mixed: An individual with mixed cerebral palsy may have multiple types of cerebral palsy, such as spastic and dyskinetic.

The symptoms of cerebral palsy vary greatly, but signs usually appear in the first few years of a child’s life. Cerebral palsy is often first detected by parents who suspect that their child’s motor skill development may be abnormal or delayed. Babies with cerebral palsy often struggle to reach important developmental milestones, such as learning to walk, smile, crawl, sit up, or roll over.

What Are the Common Causes of Negligence in a Cerebral Palsy Case?

There are many scenarios in which avoidable damage results in a lifelong cerebral palsy diagnosis in a child. This leads to significant challenges for the family. Regan Zambri Long helps families recover and plan for the best path forward.

Some common causes of cerebral palsy that we see in our practice include but are not limited to:

Damage caused by improper use of forceps or vacuum extractors – These devices can cause damage to the baby’s head when used too forcefully or improperly and can also cause other neurological problems.
Damage caused by oxygen deprivation (asphyxia) – This can occur during birth or shortly before and may be caused by untimely treatment of umbilical cord entrapment, fetal distress, blocked airways, untreated placental conditions, and more.
Damage caused by severe jaundice – When not treated quickly enough, severe jaundice can turn to kernicterus. Kernicterus is brain damage that is a result of high bilirubin count, causing cerebral palsy and even loss of hearing.
Complications during premature birth – When a baby is born too early due to an untreated condition in the mother or something else, the brain does not finish its normal development. Complications can happen during or after premature birth, causing CP.
Complications due to maternal infections – When maternal infections are not properly diagnosed or treated, they can cause damage to the baby’s developing brain, including Cytomegalovirus (CMV), toxoplasmosis, sexually transmitted infections, and more.

Whether the damage or injury happened during pregnancy, labor, birth, or shortly after birth, there are many scenarios where cerebral palsy could have been avoided. If this is the case for you, let us help you get the compensation you are entitled to by law.

How Can a DC Cerebral Palsy Lawyer Prove Negligence?

Cerebral palsy, along with many other birth injuries, is not always preventable or avoidable. However, there are many cases in which the damage or injury that caused cerebral palsy could have been avoided.

If negligence played a part in your child’s injury, the medical error must be proven to gain compensation in a legal claim, and significant compensation is possible. To prove medical malpractice in cerebral palsy birth injury cases, the following must be proven:

Your medical malpractice lawyer will first need to establish that the medical professional or facility had a duty to protect you and your child from harm. For example, an obstetrician delivering a child has taken an oath to protect their patients from harm.
Once duty of care has been shown, your attorney will then prove that the duty was breached. Using the example above, let’s say the obstetrician failed to monitor the baby’s vital signs during the labor process. When they realized the baby was in distress, the infant had been without oxygen for almost two minutes.
Once the breach occurs, your attorney will need to show that an injury was caused because of the negligence. In the case above, because the baby was without oxygen, the brain was damaged, causing cerebral palsy.
Finally, your birth injury attorney must prove that the injury results in damages. So for example, damages would include any medical bills or treatment associated with the child’s cerebral palsy.

To prove negligence, you will need an experienced cerebral palsy attorney in Washington, DC who has the resources, skills, and experience needed to fight on your child’s behalf.

How Will the Birth Injury Lawyers at Regan Zambri Long Help with My Case?

When you have a child who has been diagnosed with cerebral palsy after a preventable error or accident, a top Washington DC cerebral palsy lawyer at Regan Zambri Long will help you get justice. Regan Zambri Long has won millions of dollars in settlements for clients who’ve experienced birth injuries and are entitled to legal compensation.

In addition to having a registered nurse on staff, our team of lawyers consults with the United States’ leading medical experts to prepare our clients’ cases and help them prepare for the unique medical needs that arise from this serious medical condition. Our unique experience and track record mean we know how to win these hard-fought cases.

Whether you need help deciding what is the best legal path to take, have questions about your case, or are ready to file a legal claim today, a birth injury lawyer at Regan Zambri Long is ready to talk to you today.

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Frequently Asked Questions About Cerebral Palsy Cases in DC

Filing a case for medical malpractice that results in cerebral palsy can be an exhausting process – from mental stress to financial burdens. Many parents and legal guardians considering such a case want to know how long it will take, and what to expect.

How Do I Know If I Have a Cerebral Palsy Case?

There are many reasons a child may be born with birth injuries. If your child’s injuries are due to negligence on behalf of your medical team, then you may have a case. To prove a case, you will need:

Medical records
Documentation of treatments before, during, and after your baby’s delivery
Results of scans, including EEG or CT scans

At the end of the day, every cerebral palsy birth injury case is different. Proving a medical team was at fault can also be a long, arduous process. An experienced cerebral palsy lawyer will also have a team of medical experts they can consult to determine if the care you received resulted in your child’s birth injury.

What Steps Do I Need to Take to File a Claim For My Child’s Birth Injury Case?

If you believe your child’s cerebral palsy was the result of malpractice from your labor and delivery team, the only thing you need to do is find the right lawyer. From there, your DC birth injury lawyer will follow these general steps to prove your case:

Interview client: You are the closest one to the details of your case. Your lawyer will interview you to determine the facts of your labor and delivery, and where malpractice could have occurred.
Collect and review medical records: Keep track of medical records, always. They are crucial to have in any claim, including cerebral palsy birth injury cases. These records will be needed to prove your doctor did not provide the right standard of care.
Consult medical experts: An experienced cerebral palsy lawyer in DC will have medical experts they can call on to further prove your case. These are professionals who know how to read the records and pinpoint what went wrong.
File your cerebral palsy lawsuit: Your lawyer will know exactly what steps to take to successfully file your claim. From jurisdictional rules to statute of limitations and any pre-filing procedures, your lawyer will ensure you get the justice you deserve.

How Long Will My Child’s Cerebral Palsy Case Take?

No two cases are exactly the same, making it hard to predict the length of a cerebral palsy birth injury case in Washington, DC. It depends on the jurisdiction in which the case will be filed in, plus a host of other variables. At the end of the day, it could take years from start to finish for your case to be resolved. A cerebral palsy lawyer at Regan Zambri Long will be with you every step of the way.

Will I Have to Present My Cerebral Palsy Lawyer With All the Research or Does My Lawyer Do the Work?

The parents and legal guardians of a child with cerebral palsy know the details surrounding the labor and delivery of the child, plus any medical care received before and during birth. However, once you give your lawyer the details of the case, he/she will be the one doing the research. They will use their experience in medical malpractice law to build their case. This includes consulting with medical experts, who will review the details and offer their professional opinion on if you and your child received the standard of care expected by your medical team.

How Can I Choose the Best Birth Injury Lawyer in DC?

Cerebral palsy cases can be incredibly complicated to prove, so it’s critical that you are working with an experienced attorney.

Parents and legal guardians should be sure their lawyer has experience in not just medical malpractice, but in this specific specialty. Ideally, this comes with a winning track record, ensuring your lawyer knows how to get what their clients deserve.

You should not pay anything unless your lawyer wins you a settlement. This is called a contingent fee and will ensure you have no added financial strain when filing your cerebral palsy case. Your lawyer fees will only be collected when you win, directly from the settlement you receive.

Finally, you should make sure it’s someone you feel you could have a good client-lawyer relationship with.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596