Seattle Cerebral Palsy Attorneys

How Can Medical Care Be Reviewed in a Cerebral Palsy Birth Injury Claim?

Cerebral palsy can develop for different reasons, including events before, during, or after birth. In some circumstances, medical negligence may be a factor. A case review examines the care provided, the applicable standard of care, causation, and the child’s medical history rather than assuming a particular complication caused the condition.

Potential medical issues for review can include:

• Failure to diagnose or treat a problem during pregnancy: This could include concerns involving pre-eclampsia, placental abruption, or umbilical cord prolapse.
• Failure to monitor the baby during labor and delivery: This could include fetal distress, umbilical cord compression, prolonged labor, or delayed response to complications, such as birth asphyxia.
• Misuse of forceps or vacuum extractors during delivery: Delivery instruments may require review when there are questions about how they were used and whether an injury occurred.
• Improper care of the baby after birth: This could include concerns about infection, jaundice, or other newborn care needs.

Medical records can help establish a timeline of prenatal care, labor, delivery, newborn treatment, diagnosis, and later developmental concerns.

What Are the Symptoms of Cerebral Palsy?

Cerebral palsy symptoms can vary depending on the condition’s severity and the parts of the brain affected. Possible concerns can affect movement, muscle tone, coordination, feeding, communication, vision, or hearing. A medical professional must evaluate whether a child has cerebral palsy or another developmental condition.

Some commonly reported symptoms include:

• Abnormal muscle tone: This can include muscles that are too stiff, too loose, or both.
• Uncontrolled movements: These can include tremors, jerks, or seizures.
• Problems with balance and coordination: These can make it difficult for a child to walk, crawl, or sit up.
• Vision problems: These can include crossed eyes, lazy eye, or problems with depth perception.
• Hearing problems: These can include difficulty hearing or understanding speech.
• Learning disabilities: These can include problems with attention, memory, or problem-solving.

If your child is exhibiting any of the above symptoms, seek evaluation from a medical professional who can determine whether your child is living with cerebral palsy. Keep records of evaluations, diagnoses, therapies, assistive equipment, and changes in care needs. These documents can help show the financial impact and potential future care costs associated with a child’s condition.

How Long Does a Cerebral Palsy Birth Injury Case Take to Resolve?

The time required to resolve a case can vary based on the complexity of the medical and legal issues involved, settlement discussions, litigation, appeals, court scheduling, and the willingness of both parties to reach an agreement.

Some cases may require medical evaluations or independent reviewers to examine medical records and provide opinions regarding the cause and nature of a child’s injuries. When litigation is pursued in court, scheduling conflicts and court-calendar backlogs can also extend the time needed for a resolution.

Washington medical malpractice deadlines are fact-specific. Under RCW 4.16.350, claims must generally be filed within three years of the act or omission, or within one year of when the injury was or reasonably should have been discovered. The statute also contains an eight-year provision whose application requires current legal analysis. It’s important to act promptly because waiting too long can affect your ability to pursue a claim. Because many variables make each situation unique, it’s impossible to give an exact timeline for any cerebral palsy case.

What Damages Could Be Recovered After a Cerebral Palsy Injury?

Birth injuries like cerebral palsy can require treatment and therapy over a long period of time, in addition to the initial costs of diagnosis and treatment. A claim may also address future care needs and non-economic harm when supported by the facts and applicable law.

Potential damages in a Washington cerebral palsy birth injury claim may include:

• Medical expenses: This can include past and future medical care, therapy, assistive equipment, attendant care, and home modifications.
• Lost wages: If you have had to miss work because you needed to care for your child, a claim may include lost income and caregiving-related losses when supported by the evidence.
• Pain and suffering: This can include physical and emotional harm experienced by you and your child.

The above list is not comprehensive. Each case is unique, and a complete evaluation can consider treatment history, medical records, causation, and projected future needs when assessing potential compensation.