Los Angeles Cerebral Palsy Attorney
Most people who enter the hospital to give birth are super excited and can’t wait to celebrate with their loved ones once the baby is born. Finding out that your child has suffered an injury during birth due to medical malpractice can be devastating, and you should never have to deal with that alone.
Having support from your family and friends will be crucial, but finding a medical malpractice attorney in Los Angeles may be just as important. Your lawyer must have the knowledge and the compassion to help with your case, which can be challenging to find. If you hire Dr. Bruce Fagel, you won’t be disappointed. Call a cerebral palsy attorney at 800-541-9376 today for a free consultation.
Why You Need A Los Angeles Cerebral Palsy Attorney
If you believe that your child’s cerebral palsy is a result of medical negligence, contact an attorney immediately. A lawyer can help you obtain medical records and other documents that will be required for your medical malpractice case. You will need items such as prenatal birth records, medical bills, photographs, test results, and more. Your attorney will also be able to determine if you should file a claim against a specific doctor, other medical professionals, or even the hospital.
Common Causes of Cerebral Palsy Related To Medical Malpractice
When a child is diagnosed with cerebral palsy, one of the most immediate questions that family members ask is, “How did this happen?” Cerebral palsy has many possible causes, though some of the main factors include the following:
- Maternal infection. There are various types of infections a mother can have that could affect their unborn child, such as Group B Strep. If these infections or complications are not treated promptly and properly, this can lead to brain damage or brain development issues for the unborn child.
- Lack of oxygen. Anytime a child experiences a lack of oxygen to their brain, this can lead to brain damage and the development of cerebral palsy. There are various ways that a child can experience diminished oxygen, including the umbilical cord restricting blood flow, medical provider negligence when delivering the child, or various types of infections that can occur in utero.
- Mismanaged neonatal care and jaundice. To be clear, jaundice is not uncommon, and many newborn babies suffer from this condition. However, severe jaundice that goes untreated can lead to significant brain damage and cause cerebral palsy.
- Infant infection or illness. Anytime a child has an infection or illness, such as meningitis, during the first few months of their life, this can have devastating effects if not treated quickly and properly by medical professionals.
- Mismanaged delivery. There are various ways that medical professionals can mismanage the delivery of a child. This can include the improper use of delivery tools such as forceps or vacuum devices as well as a failure to perform a C-section when one is indicated based on the particular delivery.
Symptoms of Cerebral Palsy
As we discuss the symptoms of cerebral palsy, it is important to understand that every child and case is different. Some children exhibit symptoms early on, though the onset of this disorder can also be delayed. In some cases, a child may not exhibit symptoms until they reach a few years of age.
Some of the most common signs and symptoms of cerebral palsy include:
- Inability to roll over
- Limited motor control or function
- An inability to press both hands together
- Crawling dominated by one side of the body
- Limp of floppy muscles
- Muscle spasticity or stiffness
- Lack of muscle coordination
- Scooting around on the rear as opposed to crawling
- Using one hand dominantly while keeping the other hand in a fist
Symptoms of cerebral palsy do become more noticeable as a child ages. If you notice that your child has any difficulty with motor function or balance, it is important to seek medical assistance as soon as possible to receive an accurate diagnosis. The earlier you know what is going on with your child, the better your treatment options will be.
With adequate medical care and therapy, it is possible to provide a child with cerebral palsy to have a better quality of life. That is why it is so important to work with a trusted legal professional who can help you recover compensation if your child’s injury was caused by the negligence of a medical professional.
The Importance of Expert Witnesses
In this type of case, expert witnesses are crucial. They will be responsible for explaining complex medical terms in a way that the judge and jury can understand, so a lot of your case will rest on their testimony. Dr. Bruce Fagel has numerous medical experts that he works with on a regular basis, and he will evaluate your case and discuss it with them. If they believe you have a claim, he will prepare the experts to testify on your behalf at trial, or use information he gathers from them to negotiate with the defendant.
Statute of Limitations for Birth Injury Cases in California
The medical malpractice statute of limitations in California is two-fold. No medical malpractice lawsuit can be filed more than three years after the date an injury occurs or one year after a person discovers, or should have discovered through reasonable due diligence, the injury or illness caused by malpractice.
However, there are exceptions up to the statute of limitations when a minor is involved. In this state, medical malpractice lawsuits brought on behalf of a minor must be filed within three years from the date of the malpractice, except when a child under the age of 6 sustains an injury or illness caused by malpractice. This will be the case for birth injury claims. In these situations, the claim must be filed within three years from the date the malpractice occurred or prior to the child’s eighth birthday, whichever timeframe allows for the longer filing window.
It’s important to file your claim on time or else you will forfeit your right to any compensation you may be entitled to. In California, the statute of limitations for a cerebral palsy medical malpractice claim is three years from the date of the negligent act. However, if it was not apparent that your child had cerebral palsy until after that deadline has passed, you have one year from the date that you discovered the injury, or one year from the date that you should have reasonably discovered that your child has a birth injury due to medical negligence.
Hire a Los Angeles Cerebral Palsy Attorney
Being both a lawyer and a doctor, Dr. Bruce Fagel has a unique perspective. He knows all of the ins and the outs of the medical and the legal fields, and he genuinely cares about every client he works with. The Los Angeles cerebral palsy attorneys at The Law Offices of Dr. Bruce G. Fagel & Associates are available to get started on your case. Call 800-541-9376 today for a free consultation.
