Parents of children with cerebral palsy (CP) may be concerned they do not have the time or financial resources to provide their child with round-the-clock care. If a doctor’s negligence led to the cerebral palsy, however, funding may be available through litigation.

If you believe your child was given cerebral palsy through the fault of a medical professional, an experienced attorney could help. Medical malpractice lawsuits are complicated and time-consuming, but the role of a Hudson Valley cerebral palsy lawyer is to handle the details on your behalf. They could provide expert guidance through every step of the litigation process.

How a Cerebral Palsy Birth Injury Attorney Could Help

Through litigation, the parents of a child with cerebral palsy could secure funding for their child that would provide for their long-term medical care and provide the best treatment above and beyond what Medicaid and Medicare could provide. Additionally, the funding through a recovery in this type of case could provide a number of different aides and assistants to help care for the child.

Typically, the parents of a profoundly disabled child are stretched thin. The child typically would need 24/7, round-the-clock care, seven days a week. The parents may simply be unable to do that, so the assistants and aides could help them, allow them some sleep, and most importantly, give them the funding to ensure that the child would have all of the best medical care and treatment for the rest of their life through adulthood.

Defenses in a Cerebral Palsy Case

One of the most important jobs for a cerebral palsy birth injury attorney is anticipating and responding to the defense’s arguments. An experienced lawyer understands the common defenses in these cases, and they could prepare to combat them with the facts

For example, the defense could argue that the child’s brain damage was caused by genetic reasons. The defense may also try to focus on premature deliveries or blame the mother for smoking or drinking alcohol during her pregnancy. they would try to claim that it is the cause of the child’s brain damage.

These defenses could be argued against with the help of an attorney. If the child meets all of the criteria for hypoxic-ischemic encephalopathy–low Apgar scores, abnormal pH value, multi-organ dysfunction, and post-birth seizures–it is a sign that fetal hypoxia or a lack of oxygen at birth caused cerebral palsy as opposed to genetics.

Types of Evidence

The most important types of evidence in cerebral palsy cases are MRI and CAT scans showing evidence of brain damage. Without these imaging studies, these cases are difficult. Other evidence includes:

  • Abnormal cord pH values
  • Low Apgar scores at one, five, and ten minutes of the baby’s life
  • Seizures
  • Multi-organ dysfunction

A knowledgeable birth injury attorney could provide answers as to whether the case meets the criteria for cerebral palsy caused by lack of oxygen at birth.

What to Look For in a Hudson Valley Attorney

Choosing the right lawyer for a cerebral palsy case is an important decision. There are many attorneys to choose from, and your choice could have a dramatic effect on the results. One of the most important things to look for when searching for a cerebral palsy lawyer is whether the attorney has experience with birth injury medical malpractice cases. One would want to ask the attorney how many birth injury cases they have handled, how many they are currently handling, their results, if they have taken any of these cases to trial, and if they have taken any cases through a verdict. If the attorney has not been crystal clear in answering the questions, they are not the right attorney for the case.

If you believe a medical professional is responsible for your child’s cerebral palsy, consult with a skilled medical malpractice attorney. The role of a Hudson Valley cerebral palsy lawyer is to be your advocate and advisor at every step of the litigation process. They could stand by your side and protect your interests. Call today to schedule a consultation.

Hudson Valley Cerebral Palsy Birth Injury Lawyer