North Carolina Cerebral Palsy Lawyer
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Cerebral Palsy (CP) is an illness that affects very young children and is physically debilitating in nature. The term Cerebral Palsy is used to describe a number of disorders that affect children; the condition is actually the result of trauma to the brain. Symptoms include complete loss of mobility, radical, involuntary movements, loss of balance and coordination, lack of depth perception, visual impairments, and seizures. Usually, CP is accompanied by learning disabilities and cognitive delays as well. Because the disorder is non-progressive and can improve with therapy over time, it is usually not life threatening.
Causes of CP:
lack of prenatal care
infections during pregnancy that slow development
head trauma during a car accident
head trauma during a fall
complications during childbirth
malnutrition
Drug and alcohol consumption
Medical malpractice
Incorrect administering medicines during childbirth
Premature birth
Dropping the baby
While one definitive cause of CP is unknown, researchers agree that the condition is caused by damage to the brain. Lack of prenatal care is a major cause, as complications with the developing fetus, such as malnutrition and infections go unnoticed. At times, medical malpractice is the cause of such inadequate prenatal care, which can often be hard to determine. CP is also common among premature babies because time spent in the womb was insufficient for proper development. Moreover, premature babies are particularly sensitive to complications after birth, since they are so vulnerable to toxins. The birth process, itself, can be damaging to the baby, causing irreversible consequences.
Individuals with less severe forms of CP can live as long as an average, healthy person. When symptoms are kept under control, a person with CP can experience a relatively normal life. Most, however, have difficulties in school because the disorder is often linked to other cognitive impairments and learning disabilities. The child will most likely require special services in order to cope with the disorder. However, if all demands are met, fatality rates are low.
Liability
A doctor can also be held accountable if procedures rendered are atypical of common practice. For example, if physical exams are conducted during prenatal visits that do not meet with the hospital's standards, the doctor can be held accountable for medical malpractice. Expert testimonial is required when building cases from this particular angle.
North Carolina statute of limitations laws places time restrictions on individuals seeking legal justice. In North Carolina, legal claims must be established within three years from the date of the incident. Some cases of CP remain undetected until later in life. Under these circumstances, the parent has two years to file a claim after the initially discovery of the disorder. These time limits are designed to prevent hospitals and physicians from facing unlawful charges. However, if you have the evidence to convict a physician or other medical professional of malpractice, there are countless birth injury attorneys in North Carolina awaiting your call.
If there are pre-existing health complications and fetal problems that went undetected by your doctor because of negligence, you may have a case. Moreover, approximately two to seven babies out of one thousand experience health issues because of difficulties during labor. Sometimes, no one is at fault, but if your doctor neglected to perform steps which could have prevented these issues, you have evidence to make legal claims.
Suing a doctor for negligence is tricky because medicine is never exact. There are always errors, even when the best possible care is provided. However, if a doctor neglected to inform you of medical procedures and consequences before conducting them, or if medical advise was unusual, a doctor can be held liable for damages caused. It is imperative, however, to do your research when locating an attorney, as these types of lawsuits should be handled by professionals most suitable for the job.
Prior to making claims, be sure to gather any appropriate documents for your case, and schedule a consultation meeting with a qualified birth injury attorney. In most firms, this is a free service. When taking on your case, your attorney can inform you of realistic settlements that can be reached, allowing you to take care of medical expenses and services that are required for your child in the future. Physical therapy, medications, and other services you need for your child are costly, draining you financially and emotionally. By contacting a trusted attorney, you can fight for the compensation you deserve, while upholding the rights of your child.
Legal•Info State Cerebral Palsy Information
Legal•Info State Resources
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