When your child is diagnosed with a birth injury like cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE), it can feel as though your world has been turned upside down. These conditions, often resulting from complications during pregnancy or childbirth, can lead to a lifetime of challenges and uncertainties for your family.
While we understand that determining the cause of your child’s condition and exploring your legal options can be an overwhelming task, it’s also a crucial first step to ensuring they get the support they need to thrive.
Montana birth injury attorney Laura Brown is here to provide the legal guidance you need during this trying time. With a compassionate approach and a deep commitment to families affected by birth injuries like cerebral palsy and HIE, Laura can help you find the answers your child deserves and hold the negligent party responsible.
Want to learn more? Get started today by scheduling a free consultation.
What causes cerebral palsy?
Cerebral palsy (CP) is caused by abnormal brain development or damage to the developing brain that can occur before, during, or shortly after birth. This brain damage can affect a child’s ability to control their muscles and movement.
Several factors can lead to the development of cerebral palsy, including:
- Complications during labor and delivery. Problems during birth, such as oxygen deprivation to the baby, can cause brain damage. Hypoxic-ischemic encephalopathy (HIE) is a specific type of brain damage caused by oxygen deprivation and limited blood flow at birth, and it’s one of the known risk factors for developing CP.
- Maternal infections. Infections during pregnancy that affect the fetus can disrupt normal brain development.
- Brain injuries before birth. Damage to the brain during fetal development due to trauma or reduced blood flow can cause CP.
- Premature birth. Babies born prematurely often have underdeveloped organs, including the brain, which increases the risk of CP.
- Low birth weight. Babies with intrauterine growth restriction who weigh less at birth are at higher risk for various complications, including CP.
- Multiple births. Twins, triplets, and other multiple births can face complications that increase the likelihood of CP.
- Genetic disorders. Certain genetic conditions can also affect brain development and lead to CP.
Each of these causes involves some form of brain injury or disruption in brain development. Identifying and treating these causes early on can prevent cerebral palsy in some instances. Early detection and intervention can also play a crucial role in managing the symptoms and improving the quality of life for those with CP.
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Are doctors responsible for cerebral palsy?
Doctors are not always responsible for cerebral palsy, as the condition can arise from a variety of causes unrelated to medical care, such as genetic disorders, infections during pregnancy, or premature birth.
However, there are instances where medical negligence during the prenatal period, childbirth, or immediate postnatal care might contribute to the development of cerebral palsy.
Examples of medical negligence that could potentially lead to cerebral palsy include:
- Failure to properly monitor the fetal heart rate
- Not adequately addressing maternal infections
- Improper use of delivery instruments like vacuum extractors or forceps
- Delays in performing a necessary cesarean section (C-section) during a prolonged labor
- Not treating severe jaundice in a newborn, a condition known as kernicterus, after birth
- Not addressing health issues in the mother before birth, like hypertension or gestational diabetes
- Not responding appropriately to prenatal complications, including placental problems, excessive bleeding, or umbilical cord issues
Determining if a doctor or medical team is legally responsible involves proving that their actions deviated from standard medical practices and directly caused the condition. This process typically requires thorough medical record analysis and expert testimony in medical malpractice cases with the help of an experienced birth injury attorney.
Can I sue for cerebral palsy or HIE in Montana?
Yes, you can sue for cerebral palsy or HIE in Montana if medical negligence contributed to your child’s condition. Pursuing a birth injury lawsuit typically involves filing a medical malpractice claim against the at-fault health care providers and proving that their failure to adhere to the standard of care led to your child’s birth injury.
If the lawsuit is successful, you may be entitled to various types of damages, including:
- Medical expenses. Covers current and future medical bills related to your child’s cerebral palsy. This includes expenses for surgeries, medications, medical equipment, assistive devices and technology, and any specialized health care needs.
- Rehabilitation costs. This includes compensation for ongoing physical therapy, occupational therapy, speech therapy, and other forms of rehabilitation that your child may require throughout their life.
- Punitive damages. While less common in medical malpractice cases, punitive damages may be awarded in cases where the negligence was particularly egregious.
- Care costs. If your child needs full-time care or special services, these costs can be included in the compensation.
- Lost earnings. If your child’s ability to earn a living is affected by their disability, compensation for lost future earnings may be considered.
- Pain and suffering. Non-economic damages for the physical and emotional distress suffered by your child due to their condition can also be included.
- Loss of quality of life. This provides compensation for the impact of cerebral palsy on your child’s ability to enjoy normal life activities.
It’s important to act promptly as Montana, like all states, has specific statutes of limitations for filing medical malpractice claims.
Generally, you must file within 3 years of the date the malpractice occurred or within 3 years of the date you discovered or should have discovered the malpractice, subject to a maximum limit of 5 years from the date of the malpractice, regardless of when it was discovered.
Common myths & facts about birth injuries
Birth injury attorney Laura Brown dispels the biggest misconceptions about medical malpractice during labor and delivery.
How can a Montana cerebral palsy attorney help with my claim?
An experienced birth injury attorney is invaluable in navigating the complex legal and medical aspects of your case, advocating for your rights, and securing the necessary compensation to support your child’s lifelong care and quality of life.
An attorney will provide crucial assistance in a cerebral palsy or HIE case by:
- Evaluating your case. Conducting a detailed review of medical records and the circumstances surrounding the birth to determine if there was medical negligence.
- Hiring medical experts. Enlisting qualified medical professionals to provide expert testimony on the standard of care and how it was breached.
- Filing the lawsuit. Handling all legal documentation and filings, ensuring that your case is presented accurately and compellingly in court.
- Negotiating settlements. Representing you in negotiations with the opposition to secure a fair settlement without the need for a trial, if possible.
- Representing in court. Advocating on your behalf in court, presenting evidence, and arguing your case to achieve the best possible outcome.
- Maximizing compensation. Accurately assessing the extent of your child’s needs and fighting to obtain full compensation for medical expenses, ongoing care costs, pain and suffering, and any other applicable damages.
Ultimately, a skilled attorney is a trusted legal resource and ally for families, providing support and peace of mind throughout the process.
Local Montana cerebral palsy resources for families
For families in Montana dealing with cerebral palsy, several local resources offer support, therapy, and various services tailored to enhance the lives of those affected by conditions like CP and HIE, including:
Montana Children’s Special Health Services
This program offers comprehensive care coordination services for children with complex health care needs, including cerebral palsy. They provide support in accessing medical, social, educational, and other needed services.
- Address: PO Box 4210, Helena, MT 59620
- Phone: (800) 762-9891
Easterseals-Goodwill Northern Rocky Mountain
Easterseals provides a range of services, including pediatric therapy services that help children with disabilities, such as cerebral palsy, achieve their goals in mobility, communication, and independence.
- Address: 425 1st Ave N, Great Falls, MT 59401
- Phone: (406) 761-3680
Get the help your family deserves from an experienced Montana birth injury attorney
If your family is facing the overwhelming challenge of a birth injury diagnosis like cerebral palsy or HIE, you don’t have to navigate this difficult journey alone.
Laura Brown, a dedicated and experienced Montana birth injury attorney at Brown Trial Firm, is here to guide and support you every step of the way. With compassion and expertise, Laura will help you understand your legal options and advocate tirelessly to ensure your family receives the justice and compensation you deserve.
Contact Laura Brown today and take a positive step forward in securing the necessary resources for your child’s care and future by scheduling a free consultation.
