Carmen Gallardo
Few things are more heartbreaking for a family than finding out their child has cerebral palsy, one of the most common childhood disabilities. The devastation is even worse when the condition is caused by a medical mistake during pregnancy care.
Detecting that some form of negligence occurred during childbirth or even during pregnancy is extremely difficult, especially because genetic factors can also cause the condition. In such cases, seeking the legal advice of a Miami cerebral palsy lawyer can be vital.
At Gallardo Law Firm, we understand that a situation like this is overwhelming and that the statistics surrounding it can be alarming. In the United States, nearly one million people live with this condition, which affects one in every 345 children and is typically diagnosed within the first 24 months of life.
If you’re facing a similar situation and are unsure of your legal options, we can help. Our cerebral palsy lawyers are ready to defend your family’s rights if you choose to file a medical malpractice lawsuit. Taking legal action can also help hold the responsible healthcare provider accountable for their mistakes.
This devastating prognosis for the child and their loved ones also brings permanent emotional challenges and significant expenses, including medical treatments, ongoing home care, physical therapy, and medications. A fair settlement can help you overcome these challenges without losing the economic stability you need.
To this day, there is no cure for cerebral palsy, and its causes are not well understood. However, there are a number of risk factors, including low birth weight, early birth, infection during pregnancy, or lack of oxygen to the infant's brain.
The best way to prevent this condition is to closely monitor any genetic indicators or signs of stress in the expectant mother, such as placental complications, multiple pregnancies, gestational diabetes, and diseases like rubella. Additionally, gynecologists, pediatricians, and neonatologists can closely monitor the baby’s heart rate, perform a cesarean section if labor is prolonged, and be prepared for any emergency.
It is unlikely that any healthcare professional or hospital organization will admit responsibility if your child was born with or developed some form of cerebral palsy shortly after birth. Therefore, if you suspect that medical malpractice has occurred, it is important that you seek an attorney's advice on the various options available to prove that a negligent act has occurred. This will better your case and increase your chances of receiving fair compensation.
Symptoms can vary from case to case. Some infants require permanent assistance, while others may have mild walking limitations, depending on the type of cerebral palsy they are affected by:
One of the common causes of this disability is medical negligence, which can be challenging to prove, partly because of the high level of trust we tend to place in our doctors, especially during what should be one of the happiest moments for any family: the birth of a child.
During the prenatal stage, costly mistakes may include the lack of adequate care for the mother to notice disorders such as rubella and toxoplasmosis or signs of gestational diabetes or hypertension.
Some of the most serious errors during labor include delayed responses to signs of oxygen deprivation in the baby, the unnecessary or improper use of forceps or vacuum extractors, misuse of anesthesia or other medications, and failure to perform a timely cesarean section when fetal distress or an abnormal heart rate is detected.
After birth, malpractice events can also occur if doctors or their assistant staff fail to promptly detect high bilirubin levels, which can cause severe brain damage, or fail to address potential respiratory problems or infections such as meningitis and sepsis promptly.
If you have just received the news that your baby has some form of cerebral palsy, it is natural to feel overwhelmed by the uncertainty of not knowing how to provide the best care. Adding to this is the sense of helplessness if you think you lack the tools to prove that you have been a victim of medical negligence.
This is when you can make the brave decision to contact one of Gallardo Law's experienced lawyers in cerebral palsy injury cases. Our professionals will put their expertise at your disposal and can help you:
In the case of cerebral palsy caused during pregnancy or childbirth due to medical negligence, you have every right to seek compensation for the emotional damages and financial stress your family may be experiencing. Compensation should also include:
Statistics show that each case is different, and the specific circumstances determine whether the responsible party was a medical doctor—such as obstetricians, pediatricians, or gynecologists; nurses who failed to monitor the vital signs of the mother and baby properly; manufacturers of monitors and other equipment that malfunctioned; or the hospital institution.
Several specialists and healthcare staff are involved in the baby's birth and the gestational stage. This makes determining who was liable following a diagnosis of cerebral palsy a complex process. In these situations, the presence of a Gallardo Law attorney can help you interpret the evidence correctly and determine the instances where a healthcare professional's actions caused your child's permanent disability.
At our firm, we have experience handling similar cases and the necessary resources to investigate whether complications were not managed with the strictest standards of care. The strength of your case also depends on the existence of evidence showing that the brain damage occurred due to untreated infections, physical trauma from prolonged labor, or hypoxic events where the baby did not receive the oxygen required for normal development.
You should consider working with professionals who know the law inside out, details, and loopholes and thus can analyze how strong your evidence is. It is not sufficient to prove that negligent acts have occurred, but also that a direct link between such behavior and your baby's cerebral palsy exists.
Medical records are crucial for this purpose, as they hold the possible explanations of what happened. A medical expert can interpret and evaluate them accurately in close collaboration with your attorneys.
Medical negligence cases in Florida generally have a statute of limitations of up to two years from the date it was discovered that the cerebral palsy was provoked by a lack of care from the doctors responsible for ensuring the safe delivery of your baby. However, exceptional circumstances may extend this period, such as the presence of fraud or concealment by the healthcare provider, in which case the time limit can be extended to seven years.
The initial cost to hire us is zero dollars because we understand how agonizing it can be for a parent to see their child's quality of life affected. We know you are going through one of the most demanding situations, and we want to help you catch your breath. For this reason, we work on a contingency payment basis, meaning you only reimburse us when we win the case and secure the compensation you deserve.
Our team stands out for offering exceptional service and making our clients feel like close friends for whom we are always available. Choosing us means choosing your family and betting on your child's whole development in an environment of stability, security, and absolute dedication.
Your story is one of resilience, and accompanying you is the best demonstration of our quality as professionals and as human beings, which is equally important. While you focus on giving your baby the love they need, the lawyers at our firm will make sure your rights are safeguarded, and you receive fair compensation that allows you access to the best treatments, therapies, and care.
The first step is always the hardest, as is overcoming the fear of asking for help and not resting until you find the answers you need. At Gallardo Law Firm, we want to help you make accurate information your greatest resource, and that’s why we guarantee a free case evaluation. Call us today and schedule that initial consultation so we can begin working for you.
