Medical Malpractice – Cerebral Palsy

On This Page

1. Medical Negligence and Cerebral Palsy
2. Cerebral Palsy Often Requires a Lifetime of Ongoing Care
3. Berger and Green Can Build a Solid Medical Malpractice Case on Your Child’s Behalf
4. Understanding the Damages Available to Your Family
5. There May Be Time Limits on Taking Legal Action
6. Talk to a Pittsburgh Medical Malpractice Attorney About Your Child’s Cerebral Palsy

LEGALLY REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

Medical Negligence and Cerebral Palsy

A cerebral palsy diagnosis can affect your child for the rest of their life. If they developed this condition because of the doctor’s negligence during your labor and delivery, you can pursue compensation by holding them liable for their medical malpractice. The Pittsburgh medical malpractice team from Berger and Green will review your case at no cost to you.

Call 412-661-1400 today to learn more about your rights and legal options. Our initial consultations are always free, and we do not get paid unless you do.

Cerebral Palsy Often Requires a Lifetime of Ongoing Care

Cerebral palsy often occurs because of brain damage acquired during labor and delivery. Issues such as failing to monitor the mother and the baby closely, delaying delivery, or not ordering a C-section when necessary can play a significant role in developing this condition.

Cerebral palsy, often called CP, can affect:

• Muscle tone
• Purposeful movement
• Motor skills
• Mobility
• Breathing
• Bladder control
• Communication
• Activities of daily living

Children who have CP often begin therapy at diagnosis, and many continue for a decade or more. Therapy, medication, and surgery are all possible treatments. Therapies may include:

• Physical therapy
• Speech therapy
• Occupational therapy

All of this treatment can be incredibly expensive, and that is before we consider electric wheelchairs, gait trainers, walkers, braces, and other mobility equipment. If we pursue compensation on your behalf, it will include medical care costs, ongoing care costs, and future care. The actual value of the damages available to you will depend on:

• The facts of your medical malpractice case
• Your actual expenses and losses
• Your child’s impairments and prognosis
• Your child’s ongoing care needs

Berger and Green Can Build a Solid Medical Malpractice Case on Your Child’s Behalf

Medical malpractice cases require us to prove that the doctor, hospital, or other medical care provider acted negligently, deviating from the standard of care provided by others with the same training and experience and in the same area. To recover compensation in this type of case, we will need to provide evidence to show:

• What another doctor with similar education and experience would have done in the same situation
• If the doctor in your case deviated from this standard of care
• How the doctor’s action or inaction caused your child’s birth injuries and cerebral palsy

Pennsylvania law requires us to have a medical expert witness testify on your behalf, attesting that your doctor committed medical negligence. Our team has an expansive network of medical experts. We can identify the best option to testify in your case. This expert testimony is often the strongest piece of evidence we have in this type of case.

We know what it takes to build an argument and pursue compensation in a Pittsburgh medical malpractice case. We can try to negotiate a settlement with the hospital’s medical malpractice insurance provider or litigate the case to go after the payout your family needs and deserves. Reach out to us as soon as possible for a free case review: 412-661-1400.

Understanding the Damages Available to Your Family

If your child suffers from pain and impairment related to a preventable birth injury, we believe your family deserves a payout to help you cover past and future expenses and losses. Our team will evaluate your case at no charge and pursue compensation on your behalf. If we can reach a settlement or win a verdict in your civil case, you may be able to collect damages that include:

Economic Damages

Economic damages are your current and future expenses related to your child’s birth injuries, cerebral palsy, and other related conditions. This often includes:

• Medical treatment and related expenses
• Ongoing care costs
• Future care costs
• Out-of-pocket expenses

Noneconomic Damages

Noneconomic damages are the losses your child suffered that cannot be easily valued. This often includes:

• Pain and suffering
• Mental anguish

Limits on Medical Malpractice Damages

Some states limit how much money you can recover in a medical malpractice case. In Pennsylvania, there are no limits on economic or noneconomic damages in this type of case. The only limits are on punitive damages, which are rare but may be available if we can prove the doctor committed willful or wanton misconduct.

There May Be Time Limits on Taking Legal Action

At Berger and Green, we can review your case for free and help you understand the time limits that may apply in your case. In most cases, Pennsylvania has a strict time limit, known as the statute of limitations on medical malpractice claims. In general, victims have two years to take legal action in this type of case.

However, you may have more time since your child was under the age of 18 when they were the victim of malpractice. When you meet with a member of our team, we can explain how long we have to act and get started on your case.

Talk to a Pittsburgh Medical Malpractice Attorney About Your Child’s Cerebral Palsy

If your child has cerebral palsy and you believe it may be related to a preventable birth injury, reach out to the Berger and Green Pittsburgh medical malpractice team today. We offer case reviews to the families of birth injury victims. We can evaluate your case and help you understand your legal options for pursuing compensation. Let us go to work for you and your child today. We know what it takes to prove this type of case.

Call or text 412-661-1400 today for your initial consultation with a member of our team. We will review your case at no cost to you.