If your family has received a cerebral palsy diagnosis after a birth injury, it can feel terrifying and insurmountable. It can be particularly devastating if it was otherwise a normal and healthy pregnancy, and you had no reason to believe the baby would not be born healthy. A cerebral palsy diagnosis will change a family forever: physically, emotionally, and financially. If the birth injury could have been prevented and the doctor’s error caused the injury, you may be able to hold them legally liable. An experienced cerebral palsy malpractice lawyer can help. At Brockstedt Mandalas Federico LLC, we have helped families throughout Maryland and Delaware seek justice for their child’s birth injury and cerebral palsy diagnosis. Read on to learn more about how we can help you.
Cerebral Palsy Malpractice Lawyer: What Families Need To Know Early
A cerebral palsy diagnosis after a difficult birth raises two questions at once: what happened, and how long you have to act on it. Here is what matters most before either answer gets harder to reach.
Key Takeaways
- Two separate filing clocks run in these cases. A parent’s claim must be filed within three years of discovering the injury or five years of the medical error, whichever comes first. The child’s own claim is typically tolled until age 11, then runs for three years.
- Symptoms usually surface long after discharge. Abnormal muscle tone, delayed developmental milestones, feeding or swallowing difficulties, abnormal reflexes, and communication impairments are often not detectable at birth, which is why many families only connect the dots years later.
- Maryland requires a certificate of qualified expert before you can proceed. It must come from a licensed healthcare professional practicing in, or experienced in, the same or a closely related specialty as the defendant, who has reviewed the case and concluded that medical harm occurred.
Talk With Our Team
You’ve Been Carrying This Since The Day Of The Diagnosis
Between the appointments, the therapies, the equipment, and the insurance calls, most parents in your position have no room left for one more complicated thing. The legal question gets pushed to next month, and then the month after that.
That’s the part you can hand to someone else. Our attorneys will review the delivery records, bring in the medical experts, and tell you honestly whether we see something worth pursuing. You keep your focus on your child. The consultation costs nothing.
Schedule A Free ConsultationWhat Is Cerebral Palsy and What Causes It?
Cerebral palsy is a permanent movement disorder caused by brain damage that affects the body’s muscle control, balance, and posture. It can occur during birth if a medical error occurs.
Causes include:
- Oxygen deprivation or hypoxia to the brain during labor and birth,
- Delivery complications included a delayed C-section or an error using the vacuum or forceps, and
- Untreated infections such as meningitis or rubella.
While not all cases of cerebral palsy are legally compensable, if the doctor committed an error or acted negligently, then they may be legally responsible.
What Is the Statute of Limitations for Filing a Cerebral Palsy Birth Injury Lawsuit?
Unlike most other medical malpractice claims, birth injury claims are unique.
The deadline for initiating a lawsuit depends on who is filing:
- Parent claims must be filed within 3 years of discovery of the injury or within 5 years of the medical error, whichever comes first; and
- For the child, the clock is typically tolled until they reach age 11, at which time it begins to run again, and they will have 3 years to file their claim.
Being cognizant of these deadlines is crucial. Failing to file on time can result in you being barred from proceeding altogether.
What Are the Symptoms of Cerebral Palsy?
Unfortunately, many symptoms or signs of cerebral palsy are not immediately apparent after birth. It is not until later, as the child grows, that you may begin to notice signs.
Signs include:
- Abnormal muscle tone,
- Delayed developmental milestones,
- Feeding or swallowing difficulties,
- Abnormal reflexes, and
- Communication impairments.
Most of these signs are not detectable immediately after birth. If you experienced a traumatic birth, your child was injured in the process, and you suspect cerebral palsy, we highly recommend speaking with a Maryland birth injury attorney immediately to preserve your legal rights and options.
What Compensation Is Available in a Cerebral Palsy Birth Injury Lawsuit?
Like other medical malpractice claims, the potential compensation in a cerebral palsy lawsuit is generally divided into two categories: economic and noneconomic damages.
Economic Damages
Economic damages are meant to compensate a victim for their actual calculable losses.
In a birth injury lawsuit, these can include:
- Medical care—including the cost of past and future surgeries, doctor’s visits, therapies, and medications;
- Home and vehicle modifications—such as conversions to make them handicap accessible; and
- Lost future earnings—which may cover the child’s lost earning capacity as an adult.
Every case is unique, so the economic damages available to you may be different from those of others.
Noneconomic Damages
These damages are intended to compensate a victim for their subjective losses. Noneconomic damages include compensation for pain and suffering, mental anguish, and loss of normal enjoyment of life.
These are not as easily quantifiable as economic damages because they are unique to the individual. In other words, the pain and suffering one individual may experience as a result of the same birth injury can be vastly different.
Maryland places a statutory cap on noneconomic damages in medical malpractice cases, and the amount increases each year. The applicable cap depends on when the injury occurred and whether the case involves wrongful death beneficiaries. An attorney can determine the specific cap that applies to your child’s claim.
What Steps Can You Take After Your Child Receives a Cerebral Palsy Diagnosis?
While you navigate the complexities and uncertainties of a recent cerebral palsy diagnosis, there are certain steps you can take to ease the stress along the way.
This includes:
- Getting your child the immediate medical attention they need,
- Building a knowledgeable and trusted medical team, and
- Exploring your legal options by consulting with an experienced medical malpractice lawyer.
Inevitably, you will be wading into an unknown medical journey filled with uncertainties. Let our trusted team take care of the legal aspect of holding the doctor or medical professional liable for the birth injury.
No Pressure. No Obligation.
You May Have More Time Than You Think
A lot of families assume the window closed years ago. Their child is six, or nine, and the birth feels like a long time behind them. Birth injury claims don’t always work that way, and a child’s own claim is treated separately from a parent’s.
That doesn’t mean the deadlines are generous, and it doesn’t mean waiting is safe. It just means the answer is worth finding out rather than assuming. One conversation will tell you where your family actually stands.
Schedule A Free ConsultationHow Can a Cerebral Palsy Malpractice Lawyer Help?
Medical malpractice lawsuits in general are complex and require a high degree of legal knowledge and skill. A birth injury and cerebral palsy claim can be even more complicated and emotionally charged. An experienced lawyer will help you every step of the way.
Understanding the legal and procedural requirements is key to success. For instance, in Maryland, before proceeding with a medical malpractice lawsuit, the plaintiff must first file a certificate from a qualified expert. The certificate must be completed by a licensed healthcare professional who practices in, or has experience in, the same or a closely related specialty as the defendant, and who has reviewed the case and concluded that medical harm has occurred.
At Brockstedt Mandalas Federico, we work closely with many reputable and knowledgeable medical malpractice experts. Let us use our resources to fight for you and your family.
Cerebral Palsy Malpractice Lawyer
Learning that your child suffered a birth injury and has suffered permanent brain damage is nothing less than devastating, but being proactive in how to move forward for your child and your family can give you clarity and peace to move forward.
At Brockstedt Mandalas Federico LLC, we have represented children and families throughout the state who have been harmed by a negligent birth injury; let us fight for you, too. Contact us to schedule a free compassionate consultation.
Official Legal and Other Sources
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process:
- Maryland Code, Courts and Judicial Proceedings. §§ 3-2A-01
- Maryland Code, Courts and Judicial Proceedings § 3-2A-04
- Mayo Clinic – Cerebral Palsy – Signs and Symptoms
- Maryland Courts and Judicial Proceedings Code Section 5-109
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.