Cerebral Palsy

Unfortunately, one of the most common birth injuries in the United States is cerebral palsy. The condition can have long-term consequences for a child’s future. For parents, caring for a child with cerebral palsy can present many emotional and financial challenges. If your child suffers from cerebral palsy or another birth condition like shoulder dystocia, it is important to contact a skilled birth injury lawyer. We can examine the facts of your case and determine whether or not malpractice might have occurred. At Burgos & Burgos, LLC, our Maryland cerebral palsy lawyers have been committed to holding negligent medical professionals accountable for the harm that they cause. For over 30 years, attorneys Nelson I. Burgos and Linda F. Burgos have helped families in Montgomery and Prince George's Counties, as well as Washington, D.C., resolve their medical negligence claims, and we can help you as well. Everyone on our staff is fluent in Spanish for the convenience of our clients.

Approximately three out of every 1,000 children in the U.S. are born with cerebral palsy. This is a broad term that refers to a number of neurological disorders that can affect the development of a child’s brain function, motor skills, muscle control, and more. The condition can lead to physical disabilities and even cognitive problems. In some cases, children with cerebral palsy experience seizures as well. Cerebral palsy is caused by brain damage suffered by a child before, during, or immediately after their birth.

Cerebral palsy can result from medical negligence in the following ways:

• Failure to detect or properly treat infections in the mother during pregnancy;
• Failure to detect a prolapsed umbilical cord;
• Failure to properly monitor fetal heart rate prior to and after labor and birth;
• Improper use of a vacuum or forceps during delivery;
• Failure to respond to fetal distress;
• Failure to perform a C-section when needed; or
• Extended labor and delivery.

By retaining a cerebral palsy attorney, Maryland residents can hold medical professionals accountable for their negligent conduct. Medical malpractice occurs when a medical professional or a hospital causes an injury or death by failing to use the accepted standard of care that another medical professional or hospital would have used under the same or similar circumstances. In order to prove medical malpractice, the plaintiff must establish that the defendant owed a duty of care to the patient, the defendant breached the duty of care owed to the patient, and the patient’s injury was a direct result of the defendant’s breach.

Under Maryland law, certain procedural rules must be followed before filing a medical malpractice claim. To start the process, a Maryland cerebral palsy attorney must obtain a certificate of merit by a doctor that states that the defendant engaged in behavior that deviated from the accepted level of care, and that deviation was a direct cause of the victim’s injury. This requirement is designed to make sure that a claim has some initial merit.

Caring for a child with cerebral palsy is a costly undertaking. In fact, the amount that it takes to pay for long-term care of a child with cerebral palsy is more than many families can afford. If your child’s cerebral palsy was a result of medical malpractice, you may be able to recover a variety of damages, such as medical costs, rehabilitation costs, pain and suffering, home care costs, and any costs associated with special education and counseling. Of course, the exact amount of compensation that a family will be entitled to receive will depend on the specific facts of the case.

If you believe that your child’s cerebral palsy was a result of a medical error, we can help. At Burgos & Burgos, LLC, our medical malpractice attorneys can work closely with you to help you recover the damages that you are entitled to obtain for your harm. While no amount of money can undo the pain and stress of what you are going through, the compensation can help you deal with the cost of care for your child. We represent patients and their families in Gaithersburg, Germantown, Silver Spring, Takoma Park, Wheaton-Glenmont, and Hyattsville, among other areas of Montgomery and Prince George's Counties, as well as Washington, D.C. Call us at (301) 681-1111 or contact us online for a free consultation. We also represent people who need a medical malpractice attorney to help them take action following a surgical error or another incident of negligence.