Your Child Has Cerebral Palsy: Was It Medical Malpractice?

Author(s): Aleks Mladenovic

May 29, 2023


Your Child Has Cerebral Palsy: Was it Medical Malpractice?

If you have been told that your newborn child has cerebral palsy or a brain injury, you likely have a lot of questions….

If you are a new parent and have been told that your child has cerebral palsy or a brain injury, you may not be getting all the answers you need from the medical system. One way of getting those answers is by consulting an experienced medical malpractice lawyer – someone with particular experience dealing with birth injury cases. Thomson Rogers’ team of experienced birth injury lawyers can help you get the answers you deserve.

Your main questions will likely be related to the cerebral palsy or brain injury diagnosis itself. Here are some questions our clients ask us:

  • What is cerebral palsy?
  • Is cerebral palsy treatable or curable?
  • What is my child’s prognosis?
  • How will this diagnosis impact my child’s life?
  • Will my child be able to attend school or work?
  • Will my child need extraordinary care or services?
  • Will we be able to purchase care or services to help our child to live a happy and meaningful life?  
  • What help is available to our family to care for our child?
  • How much will it cost to ensure our child has the best possible life now and in the future?

What caused my child’s cerebral palsy or brain injury?

By far the most common questions our clients ask us relate to the cause of their child’s cerebral palsy or brain injury. Doctors and nurses are usually good at providing treatment options. Unfortunately, they are not always as forthcoming when it comes to advising parents about the underlying cause of a child’s injuries or whether those injuries could have been prevented with better medical care.

Thomson Rogers’ birth injury lawyers and the medical experts they work with can help you get answers to these important questions.

Common questions we hear from parents of children with cerebral palsy or brain injury are:

  • How did this happen?
  • Is it genetic?
  • Did something happen during birth that caused or contributed to my child’s cerebral palsy or brain injury?
  • Did something happen during the pregnancy?
  • Could this have been prevented?

These questions can best be addressed by the medical specialists Thomson Rogers retains as part of any medical malpractice investigation. 

What are my child’s legal rights?

According to the CDC, many if not most cases of cerebral palsy cannot be anticipated or prevented as they are caused by conditions or brain injuries that occur before or during birth. However, medical science is now beginning to understand that many cases of cerebral palsy and birth-related brain injury could have been prevented with appropriate medical intervention, particularly during labour and delivery, where the baby can be deprived of oxygen.

Where the cerebral palsy or brain injury was potentially caused by trauma or oxygen deprivation during your child’s delivery, it’s important to consult with an experienced medical malpractice lawyer who can advise you whether or not the doctors, nurses or anyone else may have done something that caused or contributed to your child’s injury.

How do I obtain a free medical malpractice consultation regarding my child’s cerebral palsy or brain injury?

Medical malpractice claims are extremely complicated, and cases of cerebral palsy are the most complicated of all. That’s why a free consultation with an experienced birth injury lawyer is essential to the success of any potential lawsuit.

For more than 85 years, the medical malpractice lawyers at Thomson Rogers (also known as TR Law) have been providing consultations to parents of children with cerebral palsy and other forms of brain injury. Thomson Rogers has a proven track record of success in representing children with cerebral palsy and other forms of brain injury.  

A consultation with our team of experienced birth injury lawyers is free of charge and comes with no obligation.

Thomson Rogers can provide you with an analysis of your child’s medical history, and our legal team’s opinion about the viability of a lawsuit, all free of charge. If we feel your case is worth pursuing, we’ll consult with qualified medical specialists, again at no charge to you. If our investigation demonstrates that you and your child have a viable case, we’ll work tirelessly on your behalf and we’ll collect our fees and expenses only if we are successful in obtaining a settlement or trial victory for you and your family.

If you have questions about your child’s cerebral palsy or brain injury, Thomson Rogers can help you get the answers you and your child deserve. 

Please contact the head of our medical malpractice group, Aleks Mladenovic at aleks@trlaw.com or 416-868-3204, or Kate Cahill at kcahill@trlaw.com or 416-868-3120 to arrange a free consultation.

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