Cerebral Palsy

Atlanta Cerebral Palsy Attorney

Cerebral Palsy Lawsuits from Doctor Negligence

Cerebral palsy (CP) occurs for a variety of reasons, and many of them are involved with certain types of birth injuries. This condition can have a devastating effect on your child's future, and if a doctor's negligence is at fault, you should not hesitate to take legal action. You can find help in pursuing the compensation your family deserves by contacting The Tolson Firm, LLC to speak with an Atlanta medical malpractice attorney from our team. We have more than 30 years of combined experience fighting for our injured clients and their families and have successfully litigated dozens of multi-million dollar settlements. Ms. Tolson has been named among the Top 100 Female Lawyers in Georgia and the Top 100 Trial Lawyers in Georgia for four consecutive years, and we are ready to begin work on your case today.

If your infant was diagnosed with cerebral palsy, dial (404) 800-9166 today to discuss your legal options.

Cerebral Palsy Statistics

According to data from the Centers for Disease Control and Prevention (CDC):

  • Cerebral palsy is the most common motor disability in childhood.
  • An average of 1 in 345 children in the United States has been identified with cerebral palsy.
  • Cerebral palsy is more common among boys than girls.
  • More than three-quarters of children with CP have spastic CP, a condition characterized by stiff muscles and awkward movement.
  • Between 50 and 60 percent of children with CP can walk independently, with roughly 1 in 10 children with CP requiring a hand-held mobility device.
  • Most instances of CP are caused by brain damage prior to birth, known as congenital CP. A small percentage of CP cases are caused by brain damage more than 28 days after birth, known as acquired CP.

Causes of Cerebral Palsy

Oxygen deprivation due to labor & delivery problems is among the leading causes of cerebral palsy. Brain injuries can occur within a short period of time when the supply of oxygen to the brain is reduced or restricted, and failure to treat the condition can lead to irreversible damage. If the child suffers hypoxic ischemic encephalopathy (HIE), a severe condition of oxygen deficiency in the brain, and does not receive treatment such as brain cooling in time, the resulting injury to the brain can lead to cerebral palsy. Another cause of this disease is when high levels of bilirubin in the baby's blood stream end up in the brain, leading to kernicterus.

Other causes of cerebral palsy typically attributed to medical negligence include:

  • Failing to order a C-section in a timely manner
  • Improper use of forceps or vacuums
  • Failing to diagnose and treat maternal infections

Doctors have a duty to monitor high-risk pregnancies and take proper precautions to protect the health of both the mother and child. If your child's cerebral palsy was the result of a doctor's failure to properly respond to complications with pregnancy or delivery, you may have a claim to compensation.

Risk factors commonly associated with cerebral palsy include:

  • Premature birth
  • Low birth weight
  • Multiple births
  • Breech births
  • Rh incompatibility
  • Maternal exposure to toxic

Symptoms of Cerebral Palsy

The symptoms of cerebral palsy can range from difficulties with motor coordination and movement to muscle stiffness, involuntary movements, and a disturbed sense of balance and depth perception. Your child may face a future of partial or full disability and may require ongoing care and treatment, as well as never being able to fully enjoy all that life has to offer. Detecting a birth injury of this type may begin with noticing that your child lacks muscle tone or seems to have difficulty with coordination.

Symptoms of cerebral palsy vary depending on the child's age:

  • 6 months or younger: Your baby's head lags when you pick them up, they feel stiff or floppy, or their legs scissor when lifted.
  • 6 to 10 months: Your baby cannot roll from side to side, bring their hands together, or bring their hands to their mouth
  • 10 months or older: Your baby cannot crawl normally. Instead, they scoot on their bottom or hop on their knees. 


Contact an Atlanta cerebral palsy lawyer if you believe that your child's condition should have been prevented and want help pursuing compensation. 

What Type of Compensation Can You Receive?

If your baby was born with cerebral palsy due to a doctor's negligence, you may be eligible for three types of compensation: present and future medical costs, lost wages and other income, and pain and suffering.

Any compensation you receive for a cerebral palsy settlement or verdict will likely be awarded to your child in the form of a fund set up to cover their current and future medical care and treatment costs as they age. An attorney can help you get a better understanding of your full range of eligible damages and and the best course of action for your case.

How Long Do I Have to File a Cerebral Palsy Case?

Whether you suspect that your baby has cerebral palsy or if you have already secured a diagnosis, you must begin work on pursuing a settlement early, as the statute of limitations could prevent you from later being able to claim damages in a medicalmalpractice lawsuit. You generally have two years to file a claim after your child is diagnosed with cerebral palsy. For this reason, it is crucial to get in touch with an attorney as soon as possible to guard your child's rights and maximize your chances of securing rightful compensation.

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