If your child has been diagnosed with cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE) and you suspect that medical negligence may have played a role, you’ve come to the right place.
At Brown Trial Firm, Hawaii birth injury attorney Laura Brown specializes in cases like yours. She’s committed to advocating for the rights of families affected by these challenging conditions and offering them a path forward during an uncertain time.
Understanding the impact these diagnoses can have on your family’s life, Brown Trial Firm is here to provide expert legal guidance and compassionate support. Our commitment is to ensure your child receives the justice and compensation they deserve, helping you secure the necessary resources for their care and future development.
What is HIE, and how can it lead to cerebral palsy?
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs when an infant’s brain doesn’t receive enough oxygen (hypoxia) and blood flow (ischemia). This condition typically happens around the time of birth and can result from various complications during labor and delivery, such as umbilical cord problems, placental abruption, or prolonged labor.
HIE can cause a wide range of neurological and developmental problems, including cerebral palsy (CP), depending on the severity and duration of the oxygen deprivation.
HIE might lead to cerebral palsy in instances where the lack of oxygen and blood flow causes damage to the motor centers of the brain, which are responsible for controlling movement and coordination. When these areas of the brain are injured, it can result in muscle stiffness, weakness, and coordination problems that are characteristic of cerebral palsy.
The extent and location of the brain damage will influence the type and severity of cerebral palsy, which can vary widely among affected individuals. Early detection and treatment of HIE, like brain cooling therapy, can sometimes reduce the risk of developing cerebral palsy, but in many cases, the injury to the brain may lead to lifelong challenges associated with CP.
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Is cerebral palsy a lifetime disability?
Yes, cerebral palsy is considered a lifelong disability. It is a group of permanent movement disorders that appear soon after birth or in early childhood, affecting muscle tone, posture, and movement due to damage to the parts of the brain that control movement.
Although cerebral palsy is a static neurological condition, meaning the brain injury itself does not worsen over time, the manifestations of the disorder, such as muscle spasticity (an abnormal increase in muscle tone or stiffness) and coordination problems, can change as a person grows and ages.
While there is no cure for cerebral palsy, various treatments and therapies can significantly improve the quality of life for those affected. Physical therapy, occupational therapy, speech therapy, and sometimes surgical interventions can help manage symptoms, enhance mobility, and support independence.
Advances in medicine, therapy, and assistive technology can also contribute to improving the overall well-being and functionality of individuals with CP.
It’s crucial to understand that the impact of cerebral palsy can vary widely from one person to another, ranging from mild to severe. Some individuals may require lifelong care and assistance with daily activities, while others may lead relatively independent lives with adaptations and support.
Are doctors responsible for cerebral palsy?
Doctors, nurses, and other medical professionals are not always responsible for cerebral palsy, as the condition can arise from various factors, some of which are unrelated to medical care or intervention.
However, there are instances where medical negligence or errors during pregnancy, childbirth, or immediately after birth can contribute to conditions that lead to cerebral palsy.
Examples of possible negligence include failing to detect or properly manage fetal distress, improper use of delivery instruments like forceps and vacuum extractors, delaying necessary medical interventions like cesarean sections (C-sections) in cases of fetal malposition, or inadequately treating maternal infections.
Determining a doctor’s responsibility involves establishing that a standard of medical care was not met and that this failure directly resulted in the injury leading to cerebral palsy. This requires a thorough review of medical records, expert testimony, and a clear understanding of the circumstances surrounding the pregnancy and delivery.
If you believe your child’s cerebral palsy was caused by medical negligence, you’re strongly encouraged to consult with a legal professional specializing in birth injuries to evaluate the details of your case.
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How can a Hawaii cerebral palsy attorney help my family?
A Hawaii cerebral palsy attorney can offer significant support and guidance to your family if you’re dealing with the impacts of cerebral palsy, particularly if you believe the condition may have resulted from medical negligence.
Here’s how an attorney who specializes in this field can assist your family:
- Case evaluation. An experienced cerebral palsy attorney will review your child’s medical records, the circumstances of the pregnancy and birth, and any postnatal events that might have contributed to the condition. This comprehensive review helps determine if medical negligence occurred and if it could be linked to your child’s cerebral palsy.
- Expert consultations. Cerebral palsy cases often require insights from medical experts. A skilled attorney will have access to a network of medical professionals who can provide expert testimony on what went wrong and how it led to your child’s condition. These experts can also help in understanding your child’s future medical and care needs.
- Navigating Hawaii law. Every state has its own set of laws and regulations regarding medical malpractice claims, including statutes of limitations and specific filing requirements. A cerebral palsy attorney will be familiar with these laws and ensure that your case is handled correctly and timely, adhering to Hawaii’s specific legal framework.
- Calculating damages. An attorney will help calculate the full extent of damages, including past and future medical expenses, therapy costs, equipment needs, pain and suffering, and any lost earning potential for your child. This ensures you seek a compensation amount that truly reflects the lifelong impact of the condition on your child and their future financial needs.
- Negotiation and litigation. An experienced attorney will negotiate with the involved parties and their insurance companies on your behalf to reach a fair settlement. If a satisfactory settlement cannot be reached, an attorney will represent your family in court, advocating for your child’s rights and the compensation they deserve.
- Support and guidance. Beyond legal representation, a cerebral palsy attorney can provide your family with support and resources to help navigate the challenges of cerebral palsy. This includes guiding you to appropriate medical specialists, therapy services, and community resources.
By partnering with a Hawaii cerebral palsy attorney, your family can focus on caring for your child while the attorney handles the complexities of the legal process, aiming to secure the resources needed to help your child live the best possible life.
What resources are available for cerebral palsy in Hawaii?
Here are a few resources available for individuals with cerebral palsy and their families in Hawaii:
United Cerebral Palsy Association of Hawaii (UCPAH)
The UCPAH provides support and services to individuals with cerebral palsy and other disabilities across Hawaii. Their programs may include advocacy, family support services, and community integration activities designed to improve the quality of life for individuals with disabilities.
- Address: 420 Waiakamilo Rd, Suite 105, Honolulu, HI 96817
- Phone: (808) 532-6744
Hawaii Department of Health, Early Intervention Section (EIS)
The EIS provides early intervention services for infants and toddlers with developmental delays or conditions likely to result in a delay, such as cerebral palsy. Services are family-centered and may include developmental therapies, family training and support, and assistance with accessing community resources.
- Information for specific locations can be found on their website or by calling (808) 586-4400
Get the answers and help you need from an experienced Hawaii cerebral palsy attorney
If your family is facing the difficult reality that your child’s hypoxic-ischemic encephalopathy (HIE) or cerebral palsy may have been the result of a medical mistake, know that you’re not alone. Skilled Hawaii birth injury attorney Laura Brown is here to help guide you through this challenging time.
With a compassionate approach and a deep commitment to fighting for the rights of affected families, Laura offers the expertise and support necessary to navigate the complexities of medical malpractice cases. Her dedicated team is prepared to thoroughly investigate your case, aiming to secure the justice and compensation your child deserves for a brighter future.
Are you ready to learn more?
Contact Brown Trial Firm today for a free consultation to explore your legal options and start your journey toward healing and recovery.
