Dayton Cerebral Palsy Lawyers

When you give birth to a child, you trust that your doctors will do everything in their power to ensure a safe and healthy delivery. However, accidents can happen, and doctors may make accidents during birth, leading to lifelong complications such as cerebral palsy. This condition impacts your child’s mobility, learning ability, and development.

If your child has developed cerebral palsy due to a birth injury, contact Elk & Elk immediately to discuss your situation. You may be eligible for significant compensation.

Why Choose Elk & Elk?

Clients come to Elk & Elk because of our commitment to our clients, investigative resources, and affordable services.

  • We will not hesitate to launch a thorough investigation into the facts of your case. Our attorneys will use all resources necessary to craft a compelling case on your behalf.
  • Our attorneys maintain open and honest communication with our clients throughout each step of the litigation process. You will always know what is happening with your case.
  • Our firm operates on a contingency fee basis to reduce your out-of-pocket costs. You do not have to pay any legal fees unless we secure a settlement.

What Is Cerebral Palsy?

Cerebral palsy is a condition that impacts a person’s muscle tone, motor skills, and movement, as well as other body functions such as breathing and eating. The severity of cerebral palsy can vary depending on the circumstances of the condition. No cure exists for cerebral palsy, making lifelong treatment and care necessary. Parents can treat their children with surgeries, physical and speech therapies, and mobility equipment.

Children with cerebral palsy may experience the following symptoms.

  • Inability to crawl, walk, or move arms and legs
  • Too tight or too loose muscle tone
  • Uncoordinated movements
  • Developmental delays
  • Osteoporosis and tooth decay
  • Hearing loss and blindness
  • Spitting up, drooling, and food aspiration
  • Speech problems
  • Behavioral issues
  • Learning disabilities

Many different causes can lead to cerebral palsy, but one of the most common is a lack of oxygen to the brain for a period during birth or early infancy. In the course of birth, doctors can fail to monitor the baby’s oxygen and heart levels as they should or ignore obvious symptoms of distress. The lack of oxygen the baby receives can lead to the development of cerebral palsy.

How to Prove a Cerebral Palsy Lawsuit

Cerebral palsy due to birth injuries is a form of medical malpractice. By failing to monitor the baby during childbirth or performing an act of negligence that leads to the development of cerebral palsy, parents can hold the responsible medical professionals liable through a lawsuit. To successfully prove a cerebral palsy lawsuit, you will need to satisfy the following elements.

  • Your attorney must prove that the doctor owed you and your baby a duty of care. Being a patient of this doctor or medical professional can establish this element. This element primarily protects doctors who provide medical advice outside of a professional setting.
  • Next, proof is necessary that the doctor breached his or her duty of care by acting in a way that a similarly trained or educated doctor would not. For example, failure to monitor fetal oxygen levels can constitute a breach of care. Your attorney can consult with medical experts to prove this element.
  • Next, your lawyer will need to prove that the breach of care led to the development of your child’s cerebral palsy. For example, failure to monitor fetal oxygen levels could lead to the brain damage that led to your baby’s cerebral palsy. Again, your attorney will consult with medical experts to prove this element.
  • Finally, your attorney will need to prove that your child suffered damages which merit compensation. These damages can include past and future medical expenses, pain and suffering, loss of quality of life, and home accommodations.

Contact Us Today

Cerebral palsy can have a major impact on a child’s life. If you or a loved one gave birth to a child who developed cerebral palsy due to negligence, Elk & Elk can help. Contact us today to learn more about your legal options and begin the cerebral palsy lawsuit process.