My Child Has Cerebral Palsy. Should I Call a Lawyer?

This video features Lyle Griffin Warshauer, an Employment and Labor Law attorney based in Georgia.

Attorney Lyle Griffin Warshauer | 888-981-5602 | Free Consult

If your child has cerebral palsy, you may be wondering if you should contact an attorney. This depends on the circumstances of your child’s birth.

Cerebral palsy can be caused by many factors. In some instances, the medical team’s negligence plays a role. However, as this cerebral palsy lawyer explains, don’t expect the doctors to admit to making a mistake.

We spoke to Lyle Griffin Warshauer, a birth injury attorney based in Atlanta, Georgia. She is a senior partner and co-founder of Warshauer Law Group. As an experienced birth injury attorney, she knows how to find out if medical malpractice played a role in causing a child’s cerebral palsy.

To learn more, contact her directly by calling 888-981-5602 or by submitting a contact form on this page. The consultation is free, and you will never owe any out-of-pocket attorney fees.

Key takeaways from Lyle Warshauer:

Cerebral palsy is a group of disorders that affect movement and muscle tone, as well as cognitive function. It results from damage to a child’s brain. As Warshauer says, “CP is a constellation of symptoms and disabilities.” It can vary from mild to severe in terms of how it affects a person’s cognitive and mental abilities. A baby with cerebral palsy could have limbs that are either very stiff and rigid, or very floppy.

Cerebral palsy is a complex condition with no one cause.

The cause can usually be traced back to an abnormality or disturbance in a child’s brain. This can result from a genetic problem, or a physical event that hurts the brain. Some examples include:

  • A gene mutation
  • A seizure during birth
  • An infection in the mom while pregnant (bacterial or viral)
  • An infection in the baby at the time of delivery, or shortly afterwards (ex. Meningitis or cytomegalovirus)
  • Trauma during the birth process
  • Head trauma
  • A lack of oxygen during or after birth, causing brain damage

However, if the delivery team makes a mistake, it could result in cerebral palsy.

A lack of oxygen, trauma, or infections could be the result of medical malpractice. A tiny air bubble in a tube is all it takes to cause an oxygen-related accident to occur that causes permanent brain damage in the child. The medical team must perform thorough due diligence to make sure all equipment is working.

In cases of infection involving the mom or baby, there are some that the doctors should have noticed, and should have treated in advance. Doctors may decide to perform a vaginal delivery when they should have performed a C-section. They may ignore signs of distress in the mom or the baby.

If a child has cerebral palsy, there are a series of obstacles they may need to face throughout their lives, including seizures, disabilities, hearing problems, speech problems, and mobility difficulties. They may need medications, physical therapy, and long term medical care.

However, just because a child has cerebral palsy does not necessarily mean that it was caused by medical malpractice. In cases of genetic predisposition or an unforeseen development or incident during birth, the medical team may not be responsible.

Don’t expect the doctor to admit to making a mistake.

Medical providers are obligated to explain any complications that occurred during labor and delivery. In cases of cerebral palsy, the doctor needs to explain the nature and extent of the child’s condition.

However, it is extremely rare for the doctor to say that the condition resulted because someone on the medical team made a mistake. Don’t trust that the doctor will admit to making a mistake. It’s up to you to ask someone to look into the issue.

Ask a lawyer to investigate.

Medical malpractice claims are some of the most complex forms of personal injury claims, and birth injury claims tend to be even more complex. An attorney can obtain medical records and determine what happened. They can look into what the medical standards are for different situations and find out if the medical team met those standards. A bad outcome may not mean that negligence occurred, but only an experienced attorney can tell for sure.

To learn more, contact her directly by calling 888-981-5602 or by submitting a contact form on this page. The consultation is free, and you will never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.

Legal Disclaimer: This website is for informational purposes only. Use of this website does not constitute an attorney-client relationship. Information entered on this website is not confidential. This website has paid attorney advertising. Anyone choosing a lawyer must do their own independent research. By using this website, you agree to our additional Terms and Conditions and Privacy Policy.