Cerebral Palsy Attorney in Indianapolis, IN
Work With An Experienced Cerebral Palsy Law Firm in Indianapolis, IN.
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Every year, between 8,000-13,100 people are born with cerebral palsy, a neurological condition affecting movement, posture, and muscle tone. At least 1 in 5 of those cases are birth injuries resulting from neonatal medical malpractice. Cerebral palsy is permanent and incurable.
Cerebral Palsy Case? Work With Powless Law Firm, P.C.
At Powless Law Firm, P.C., we distinguish ourselves with free case consultations, stellar client reviews, and a track record of strong results. Our experienced cerebral palsy attorneys will apply Indiana medical malpractice law to your case in an effort to maximize outcomes. We regularly consult with medical experts who can help us identify medical negligence in your medical records.
If your child suffered a birth injury that resulted in cerebral palsy, call Powless Law Firm, P.C.: 877-769-5377 . Our experienced legal team can help you find the answers you need during this confusing time.
What Causes Cerebral Palsy?
Cerebral palsy is a movement disorder frequently linked to inadequate care by medical staff during childbirth. It is not classified as a birth defect , nor is it caused by viral or bacterial infections. Some experts consider cerebral palsy to be one of the most commonly overlooked forms of medical malpractice .
Cerebral palsy occurs when the areas of the brain responsible for controlling movement are damaged or abnormally developed. Such damage can occur during delivery, shortly after birth, or within the first few years of life while the brain is still maturing. Common causes of cerebral palsy include injury to the brain’s white matter and abnormal brain formation. This can result from brain hemorrhages, as well as oxygen deprivation to the brain.
Several risk factors raise the chances of developing cerebral palsy. These include premature birth, low birth weight, multiple pregnancies, and infections during pregnancy. Fetal distress and complications during labor and delivery are also known to increase the risk of cerebral palsy. Cerebral palsy can also develop after birth from infections, trauma, or impaired blood flow to the brain.
Obstetricians should be mindful of these risk factors and take caution when working with high-risk cases. If you believe your child’s cerebral palsy resulted from medical malpractice, call Powless Law, P.C . to discuss your legal options.
Read More from Powless Law Firm, P.C.: Birth Injuries: Recognizing Signs of Medical Malpractice
Cerebral Palsy: Signs & Symptoms
Cerebral palsy symptoms can vary widely. They can range from mild to severe; they may affect only a single limb, one side of the body, or the entire body. The specific pattern and severity of symptoms depend on the type and extent of brain damage.
Common signs and symptoms may present immediately after birth or slowly over the first few years of the child’s life. Here are some signs to look out for:
Muscle Stiffness/Spasticity . One of the hallmark features of cerebral palsy is increased muscle tone, which can cause muscles to become stiff and resistant to stretching. Over time, this spasticity may worsen, making movement increasingly difficult.
Limited Joint Mobility ( Joint Contracture ) . Children with cerebral palsy may develop joints that cannot move through their full range of motion. This is often due to muscle tightness and can lead to contractures, where the joint becomes permanently fixed in a bent or straight position.
Muscle Weakness. Weakness or partial loss of movement can occur on one side of the body (hemiplegia), both legs (diplegia), or all four limbs (quadriplegia), depending on the affected brain areas.
Abnormal Gait. Individuals with cerebral palsy often display distinctive ways of walking. The legs may cross over each other in a scissor-like motion while walking; the person may also walk on the toes rather than the soles of the feet.
Arm Posturing: Arms may be held tightly against the body or in awkward positions while walking.
In addition to movement difficulties, some children may experience problems with balance and coordination. This may include involuntary movements, tremors, or difficulty with fine motor skills such as grasping objects. Early recognition of these signs is important for timely intervention and management.
Cerebral Palsy Statistics
- Cerebral palsy is the most common motor disability diagnosed in early childhood, affecting approximately 1 in 345 children in the United States ( CDC ).
- Each year, between 8,000 and 10,000 infants in the United States are diagnosed with cerebral palsy ( Ibid .).
- Globally, an estimated 18 million people of all ages live with cerebral palsy ( CDC ).
- Spastic cerebral palsy is the most prevalent type, accounting for about 80% of all cases ( NIH ).
- About 50% of children with cerebral palsy also have an intellectual disability ( NIH ).
My child has cerebral palsy. Do I have a birth injury case?
The answer to this question requires an understanding of what constitutes a birth injury case and how the circumstances of your child’s cerebral palsy may come into play. The central issue is liability. Any birth injury, cerebral palsy, brachial plexus injury , wrongful death , and so forth, is only legally actionable if a healthcare provider is at fault.
Determining who is responsible often requires the expertise of an attorney who is experienced in handling cases involving birth injury. By thoroughly reviewing medical records and consulting with medical experts, an experienced lawyer can identify liability and advise you on whether pursuing a medical malpractice claim is appropriate.
After establishing who is at fault, the next step is to assess damages , or the financial and personal costs resulting from the medical negligence. These damages may cover ongoing medical treatment, physical therapy, mobility equipment, wheelchair-accessible vehicles, and other necessary services.
To better understand the viability and value of your medical malpractice lawsuit call Powless Law, P.C.: 877-769-5377 .
Delayed Diagnosis in Cerebral Palsy Cases
Early identification of cerebral palsy can make a significant difference in a child’s quality of life. This allows for timely interventions and therapies that can maximize development and independence. Unfortunately, delayed diagnosis remains a common issue in cerebral palsy cases; it can result in missed opportunities for early treatment, increased complications, and unnecessary hardship for both children and their families.
When healthcare providers fail to recognize warning signs, misinterpret developmental milestones, or neglect to order appropriate assessments, families may lose valuable time that could have been used to improve their child’s prognosis. Delayed cerebral palsy diagnosis can occur for several reasons, such as:
- Overlooking the warning signs. Healthcare professionals may dismiss or underestimate symptoms like abnormal muscle tone, delayed milestones, or unusual movements, especially in premature infants or those with complicated births.
- Misinterpreting developmental delays. Sometimes delays in sitting, crawling, or walking are attributed to normal variation, rather than being investigated as potential indicators of cerebral palsy. Physicians can miss critical opportunities for early intervention by neglecting to order evaluations, imaging, or specialist referrals.
- Communication breakdown between providers. If pediatricians, obstetricians, and specialists fail to share information or coordinate care, important clues may be missed. Short appointments, understaffed clinics, or lack of access to pediatric specialists can all contribute to this problem
Regardless of the cause, a delayed diagnosis can prevent children from receiving therapies and support services at the time when they are most effective, potentially limiting their long-term abilities and well-being.
Read More from Powless Law Firm, P.C.: Delayed Diagnosis in Medical Malpractice: When Waiting Too Long Causes Harm
Cerebral Palsy and Birth Injury: Frequently Asked Questions
Cerebral palsy can develop due to a variety of factors. Causes arising at the time of birth include complications during delivery, such as oxygen deprivation (asphyxia), physical trauma, or issues like umbilical cord entanglement. Postnatal causes may involve head injuries or severe infections in early infancy. Most critically, medical negligence can lead to cerebral palsy; roughly one in every five cases of cerebral palsy is the result of birth injury.
Some factors are known to increase the likelihood of developing cerebral palsy. These include premature birth, multiple pregnancies (twins, triplets, etc.), maternal infections during pregnancy (such as chorioamnionitis), and brain injuries sustained during labor and delivery, including cesarean section. Hypoxic-ischemic encephalopathy (HIE) is responsible for about 20% of all cerebral palsy cases.
Read More from Powless Law Firm, P.C.: The Difference Between Birth Defects and Birth Injuries: Legal Implications
The term “cerebral” relates to the brain, while “palsy” describes weakness or paralysis affecting movement or muscle control. Cerebral palsy often results from a lack of oxygen to the brain during childbirth, leading to lifelong challenges with muscle strength and coordination.
If you believe that medical errors during labor or delivery contributed to your child’s cerebral palsy, you may have grounds to pursue legal compensation. Our experienced cerebral palsy attorneys in Indianapolis, IN, are dedicated to supporting families through the complexities of birth injury claims. We offer comprehensive legal guidance to help you secure the justice and compensation your family deserves.
Call Powless Law, P.C. today for a free consultation: 877-769-5377 .
You may be able to sue if your child has cerebral palsy that was caused by medical negligence before, during, or shortly after birth. Medical professionals are expected to provide a standard level of care during pregnancy and delivery. If a preventable mistake led to your child’s brain injury and subsequent cerebral palsy, you may have grounds to file a lawsuit to cover the significant costs of lifelong care, therapies, and other related needs.
To pursue a cerebral palsy lawsuit, start by consulting a birth injury attorney; they can help you understand your case’s strengths and limitations and guide you toward a successful outcome. Call Powless Law, P.C. today to begin the process: 877-769-5377 .
Early signs of cerebral palsy may include seizures, difficulties with hearing or vision, delayed speech, and intellectual challenges. As children grow, they might also develop spinal conditions such as scoliosis and experience joint problems. Even in milder cases, cerebral palsy can impact a child’s ability to walk and communicate. Developmental delays, both physical and cognitive, are common and may not become apparent until several years after birth.
If you think your child may have cerebral palsy, it’s important to consult a medical professional promptly to obtain an accurate diagnosis. Additionally, you might consider contacting a local birth injury attorney to learn more about your legal rights and options. Call Powless Law Firm, P.C. to discuss your case: 877-769-5377 .
If it is determined that your child’s cerebral palsy was caused by a medical error, you may be eligible to receive compensation. Physicians are required to have medical malpractice insurance, which generally covers a range of expenses, including:
- Medical bills (present and future)
- Loss of income
- Loss of earning capacity (both for the child and their caregiver)
- Physical therapy
- Occupational therapy
- Speech therapy
- Assistive equipment
- In-home care
- Pain and suffering
If you suspect your child’s condition is the result of a birth-related medical mistake , it’s important not to handle the insurance process alone. Research indicates that individuals represented by attorneys in medical malpractice cases typically achieve quicker resolutions and higher settlements compared to those who represent themselves.
In Indiana, the statute of limitations for filing a birth injury lawsuit is generally two (2) years from the date of the alleged medical error or injury. However, if the child was under six years old at the time of the malpractice event, Indiana law typically allows parents or guardians to file a lawsuit up until the child’s eighth (8th) birthday. This extension recognizes that some birth injuries, such as cerebral palsy, may not become apparent until months or years after birth.
Additional exceptions may apply in certain situations. For example, if the injury was not immediately discoverable, the “discovery rule” may allow the statute of limitations to begin when the injury is discovered or should have been discovered with reasonable diligence. There are also exceptions if a healthcare provider fraudulently concealed the malpractice or if the negligent act was part of ongoing wrongful conduct.
Because these deadlines are strictly enforced, it’s important to consult an experienced cerebral palsy attorney as soon as you suspect medical negligence. Call Powless Law Firm, P.C. to discuss your case: 877-769-5377 .
Birth injury cases are immensely complex; they involve detailed medical records, thorough research, and an understanding of Indiana medical malpractice law. Working with a cerebral palsy attorney can greatly increase your likelihood of obtaining compensation.
At Powless Law Firm, P.C., our skilled legal team will manage every step of the legal process, giving you the freedom to focus on your own well-being and your child’s care. We are here to help you secure the resources and support your child’s needs for the future. Through experience, competence, and compassion for our clients, we stand ready to help.
