Welcome to Brown Trial Firm, where empathy meets expertise to support families facing the difficult journey of navigating birth injuries in Atlanta. If your child has been diagnosed with hypoxic-ischemic encephalopathy (HIE) or cerebral palsy (CP) and you suspect medical negligence played a part, know that you don’t have to face this alone.
Laura Brown, a dedicated Atlanta birth injury attorney, specializes in guiding families like yours through these trying times. She understands the profound effects these conditions can have on your child’s life and your family’s future. That’s why she’s committed to providing not just legal representation but a source of hope and direction, ensuring that your child receives the justice and comprehensive support they deserve.
Reach out to us for a compassionate and free consultation, and let us help you take the first step toward a more secure future for your child.
What is hypoxic-ischemic encephalopathy?
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when an infant’s brain does not receive enough oxygen and blood flow. This condition can happen before, during, or shortly after birth due to various reasons, such as complications with the umbilical cord, maternal blood pressure issues, or problems during the delivery process.
HIE can result in a range of neurological and developmental issues, depending on the severity and duration of the oxygen deprivation.
A guide to baby brain damage
Understand when infant brain damage might be the result of medical negligence.
What is cerebral palsy?
Cerebral palsy (CP) refers to a group of permanent movement and posture disorders that arise from damage to the developing fetal or infant brain. While cerebral palsy encompasses a variety of motor impairments, common symptoms include muscle stiffness or floppiness, poor coordination, tremors, and involuntary movements.
CP is caused by damage to or abnormalities inside the developing brain, affecting the child’s ability to control their muscles.
Can hypoxic brain injury cause cerebral palsy?
Yes, HIE can lead to cerebral palsy, depending on the nature of the injury and the area of the brain that’s affected.
When parts of the brain responsible for motor function and coordination are damaged due to a lack of oxygen and blood, the resulting brain injury can manifest as cerebral palsy. The severity and location of the brain damage will influence the type and severity of cerebral palsy experienced.
In some cases, infants who suffer from significant HIE may develop more severe forms of CP, characterized by extensive motor impairment and other associated conditions, such as intellectual disabilities, sensory impairments, and seizures.
Early diagnosis and intervention following HIE can sometimes mitigate the severity of the resulting conditions, like cerebral palsy, making it crucial that children receive immediate medical attention and ongoing support.
Is cerebral palsy due to negligence?
Cerebral palsy is not always due to negligence, as this condition can sometimes result from complications during pregnancy or childbirth that can’t be controlled and are not related to medical errors.
However, there are instances where cerebral palsy may be the direct result of medical negligence. This could include situations where there was a failure to adequately monitor the fetus before or during labor, a delay in performing a necessary cesarean section (C-section), improper use of birth-assisting tools, or a failure to treat maternal infections or health problems properly.
In these cases, the negligence of health care providers during the prenatal period, childbirth, or immediately after birth could have contributed to the conditions that lead to a child’s cerebral palsy.
Do I need an Atlanta cerebral palsy attorney if I suspect my child’s CP was caused by a medical mistake?
Yes. Determining whether cerebral palsy resulted from medical negligence requires a thorough investigation into the medical care received before, during, and after the birth, which requires the expertise of an attorney who specializes in birth injury law.
This process typically involves reviewing medical records, consulting medical experts, and considering the standards of care expected in similar situations.
If negligence is found to have contributed to the development of cerebral palsy, affected families may have grounds for a legal claim to seek compensation for medical expenses, ongoing care, and other needs related to the child’s condition.
How much compensation can my child get for cerebral palsy?
The amount of compensation a child with cerebral palsy might receive can vary significantly based on numerous factors, including the severity of the condition, the extent of medical negligence, and the specific circumstances of the case.
However, compensation typically covers several types of damages:
- Rehabilitation costs. Compensation can cover ongoing physical, occupational, and speech therapy sessions necessary to help the child achieve the best possible independence and quality of life.
- Care costs. This can include payment for current and future care needs, such as costs for professional caregivers or special education services tailored to the child’s needs.
- Lost earning capacity. If cerebral palsy affects the child’s ability to work and earn an income in the future, compensation may include an estimate of these lost earnings over a lifetime.
- Loss of enjoyment of life. Compensation may address the limitations and disabilities that prevent the child from participating in various life activities that children without such disabilities can enjoy.
- Medical expenses. This includes reimbursement for past medical bills and costs for anticipated future medical needs such as surgeries, medications, medical equipment (e.g., wheelchairs, braces), and regular visits to specialists.
- Pain and suffering. This covers the physical pain and emotional distress suffered by the child due to their condition. While challenging to quantify, pain and suffering damages acknowledge the non-economic impact of cerebral palsy.
- Life care costs. These encompass a broad range of needs, including home modifications (to accommodate wheelchairs or other medical equipment), transportation costs, and any other necessary adjustments to improve the child’s quality of life.
The total compensation will depend on the life-long needs of the child, the impact of cerebral palsy on their daily life, and the specifics of the legal case if negligence is proven. It’s crucial to work with an experienced legal professional who can help accurately assess the full extent of damages and advocate for the comprehensive needs of your child.
Life care planning for your baby
Learn how a life care plan can help families plan for their child’s future and financial security after suffering a birth injury.
Cerebral palsy resources in Atlanta
With multiple locations throughout Atlanta, Children’s Healthcare of Atlanta offers comprehensive services for children with cerebral palsy, HIE, and other neurological conditions. Their multidisciplinary approach includes specialists in neurology, orthopedics, physical therapy, occupational therapy, and speech therapy, providing individualized care plans to support each child’s development and health.
Find a location by visiting their website or contacting them by phone at (404) 785-5437.
Concerned that your child’s CP or HIE was caused by a doctor’s mistake? Brown Trial Firm can help!
If you’re worried that your child’s cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE) resulted from a medical professional’s error, Brown Trial Firm is here to provide the support and guidance you need.
Our experienced team, led by dedicated Atlanta birth injury attorney Laura Brown, specializes in navigating the complex landscape of medical malpractice claims. We understand the profound impact these conditions can have on your child’s life and are committed to advocating for the justice and compensation your family deserves.
With compassion, expertise, and a proven track record, Brown Trial Firm will meticulously review your case, offering clear, honest advice and robust legal representation. Our goal is to ensure that your child has access to the resources they need for a brighter, more secure future.
Contact us today to schedule a free consultation.