Can I Sue for Cerebral Palsy?

hie baby can i sue for cerebral palsy

Portland Medical Malpractice Lawyer Answers Can I Sue for Cerebral Palsy in Oregon

Although no parent ever anticipates experiencing a catastrophic event during the birth of their child, unfortunately all too often catastrophic events happen during the birth of a baby, leaving parents are families with devastating consequences. There are many different types of injuries that can have serious, lifelong or fatal consequences for infants and their families. One common and devastating injury that can occur during the birth of a baby is cerebral palsy. Also known as CP, cerebral palsy is a disorder impairing a person’s movement, which can be caused either by damage to the brain or abnormal brain development. Our Portland medical malpractice lawyer knows that this type of birth injury unfortunately leaves infants permanently disabled. While some cases of cerebral palsy are preventable, far too often this devastating birth injury is caused by the negligence of a healthcare provider. This is why many families ask our legal team can I sue for cerebral palsy in Oregon?

Yes, sometimes a family may be able to commence a legal action for injuries caused by a negligence healthcare provider. Our experienced Portland cerebral palsy birth injury lawyer understands how overwhelming and devastating a cerebral palsy (CP) diagnosis is, and are prepared to fight for you to recover the amount of damages you deserve if your child’s CP diagnosis was caused by negligence. To learn more about how Kuhlman Law can help you and your family, contact us today to schedule a FREE consultation with our compassionate legal team.

Cerebral Palsy Explained

As mentioned above, CP is caused by damage to the brain or abnormal brain development. While abnormal brain development often cannot be prevented, far too often brain damage due to a lack of oxygen during labor and delivery or during birth can lead to cerebral palsy. Thus, when asked can I sue for cerebral palsy, it often depends how this condition is caused like a lack of oxygen during the birthing process.

Cerebral palsy causes damage to the brain, resulting in abnormal or impaired movement. While some individuals with CP may only experience mild effects, other individuals may be severely, affected, with some being immobile. The types of disability are dependent on the type of CP and the area of the damage to the brain. This, in turn, causes different types of cerebral palsy. When answering can I sue for cerebral palsy, it is important to know what type your loved one has because it can impact what type of damages that a victim can obtain.

Types of Cerebral Palsy

Cerebral palsy is an umbrella term for a group of disorders. Each form of CP is caused by damage to a particular part(s) of the brain Some of the most common type of CP include the following:

  • Spastic cerebral palsy – Children with spastic cerebral palsy have increased muscle tone
  • Ataxic cerebral palsy – Ataxic cerebral palsy results in impaired coordination and balance.
  • Dyskinetic cerebral palsy – Dyskinetic CP causes impairments in the ability to move in a normal fashion. Some individuals may have abnormal fast jerky movements or slow movements. In some cases, dyskinetic CP can affect the facial muscles, resulting in impairment with talking, swallowing, sucking, and related functions.
  • Mixed cerebral palsy – This type of CP is a result of brain damage to more than one area of the brain. Children with this type of CP have symptoms of more than one type of cerebral palsy.

Symptoms of Cerebral Palsy

Sometimes, it is not immediately apparent that a child is suffering from CP. Diagnosis of CP may not occur until the child is older if symptoms are not immediately apparent. This makes answering can I sue for cerebral palsy much more difficult of a question to answer for our Portland medical malpractice lawyer. That’s why it is important to understand the signs and symptoms of CP.

Babies with CP may present with the following:

  • An abnormal head lag when they should have the ability to keep their head up independently
  • Muscles that feel abnormally stiff or floppy
  • Overextension of the back and neck when being held
  • Delay in achieving milestones

Signs of Cerebral Palsy that may occur at any time include the following:

  • Tremors
  • Abnormal posture
  • Drooling
  • Seizures
  • Abnormal movements
  • Abnormal reflexes
  • Impaired swallowing or speaking
  • Difficulty holding objects
  • Intellectual disabilities
  • Impaired fine motor skills
  • Delays in development
  • Hands appear curled and claw-like
  • Other signs of CP

Cerebral palsy may affect one side of the body, certain extremities, or may involve all extremities. Some extremities may suffer greater damage and disability than others. The variation depends on a lot of factors, including the extent of the harm to the child. That’s why hiring an experienced Portland medical malpractice lawyer is important to protect your rights to compensation.

Ways in Which Oregon Medical Malpractice Can Lead to Cerebral Palsy

While not all cases of CP are preventable, often times cerebral palsy is caused by an error made by a medical provider. These are when a birth injury lawyer in Portland can answer the question: can I sue for cerebral palsy? Some of the most common causes of CP caused by medical malpractice include the following:

  • Failure to identify fetal distress prior to labor and delivery and during labor and delivery
  • Failure to deliver a baby when there are certain things that indicate an infant is in distress or is at great risk for distress
  • Failure to identify and treat infections
  • Failure to identify umbilical cord prolapse
  • Failure to identify placental abruption
  • Improper use of delivery tools during delivery, such as forceps or vacuum extractor
  • Failure to perform a c-section when indicated
  • Failure to intervene when a baby is experiencing loss of oxygen, either while in utero or after delivery
  • Failure to appropriately treat jaundice after birth, leading to kernicterus
  • Trauma during delivery
  • Stroke
  • Delivery of a premature infant which could have been delayed with proper medical management of the mother

Damages for Children and Families Affected by a CP diagnosis Due to an Injury at Birth: Can I Sue for Cerebral Palsy?

Unfortunately CP is an irreversible injury, leading to life-long special needs for these children. While some children may go on to lead near-normal lives, others may suffer from severe disabilities necessitating life-long around the clock care. This is not only emotionally and physically devastating for families of children with CP, but also financially devastating.

You and your child should never have to suffer life-long consequences for the mistakes of a medical provider who you entrusted to provide appropriate care to you and your child based on the standards of care. Our cerebral palsy birth injury lawyers are experienced in reviewing cases of children suffering from CP and can help determine if your child’s cerebral palsy was caused by a birth injury. If found to be caused by a birth injury, you and your child may be eligible for damages. Damages are typically awarded in the form of compensation and are designed to help cover any needs the child may have as a result of their injury.

Common damages awarded to CP victims and their families include the following:

  • Physical pain and suffering
  • Emotional pain and suffering
  • Physical therapy
  • Occupational therapy
  • Assistive devices and mobility aids such as a walker or wheelchair
  • Cost of any special education the child may require
  • Nursing care (if indicated)
  • Transportation equipment (i.e., vehicle that can hold a wheelchair)
  • Any other needs the child may have for the duration of their lifetime

Still Not Sure if You Can Sue for Cerebral Palsy in Oregon? Call Our Portland Medical Malpractice Lawyer

If you or a loved one have been seriously injured or wrongfully killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

For a free case evaluation


(541) 385-1999 in Bend, Oregon
(503) 479-3646 in Portland, Oregon
(612) 444-3374 in Minnesota

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