Injuries to babies immediately before, during, or after birth happen frequently. Many are relatively minor and resolve completely within a few weeks or months, while others may have a lifelong impact. Cerebral palsy is a common birth injury, and medical negligence is often the cause.
An Orlando cerebral palsy lawyer at Colling Gilbert Wright can guide and support you as you pursue a medical malpractice claim or other compensation for your child’s injury. We are the law firm other lawyers turn to when their loved ones have a birth injury claim.
The Effect of Cerebral Palsy on a Child
Cerebral palsy (CP) can result when a child’s brain does not develop properly in the womb or when the baby suffers oxygen deprivation during birth. Rarely, a child may develop CP due to a brain injury in early childhood.
According to the National Institutes of Health, CP can cause problems with coordination, balance, and muscle control. A child with mild CP may experience difficulties with gait or fine motor control. Children with moderate to severe CP often have other conditions such as epilepsy, intellectual disability, scoliosis, vision loss, and hearing loss. A child with severe CP may be completely disabled and require lifelong, full-time care.
The symptoms of CP may not appear until a child misses developmental milestones. You should not hesitate to speak with an Orlando attorney as soon as you suspect your child might have a birth injury, even if you do not yet have a confirmed cerebral palsy diagnosis. Our experienced legal professionals could refer you to early childhood specialists who may be able to provide deeper insight into your child’s condition and help confirm whether a birth injury is responsible.
What Is the Timeframe to File a Birth Injury Claim in Orlando?
Most CP cases are considered birth injuries and medical malpractice claims. Florida Statutes § 95.11(5)(c) allows only two years from a child’s birth to file a lawsuit against the birth team and hospital.
If the child shows no CP symptoms within their first two years, the clock starts ticking when symptoms become apparent, but parents must file a lawsuit before the child’s eighth birthday. However, judges scrutinize these delayed cases and may dismiss a case if a parent ignored symptoms that might have pointed to an earlier CP diagnosis.
The short deadlines for filing a lawsuit put parents and children with CP at a disadvantage. You may have to file a lawsuit before the full extent of your child’s disability is clear. The Orlando cerebral palsy attorneys at The Florida Firm Injury and Accident Lawyers have a network of seasoned medical experts who can give their professional assessments of the likely long-term impact of your child’s CP.
A NICA Claim May Be an Option
A claim under the Neurological Injury Compensation Association (NICA) may be an option for many families. This is a program funded by assessments on obstetricians, birthing centers, and hospitals. If your child qualifies, NICA will pay for all the child’s medical treatment and supportive care, necessary home renovations, and make a one-time, substantial cash payment to you.
You must file a NICA claim before your child’s fifth birthday. If you seek compensation under NICA, you give up the right to bring a medical malpractice lawsuit. NICA is a no-fault program, so there is no accountability for the medical professionals whose negligence may have caused your child’s injury. NICA does not offer payment for your pain and suffering or your child’s.
Deciding whether to pursue a NICA claim or sue for medical malpractice requires careful consideration. Our cerebral palsy lawyers in Orlando will take the time to thoroughly explain the advantages and disadvantages of each course of action.
Consult Our Orlando Attorneys Immediately If Your Child Has Cerebral Palsy
If your child has cerebral palsy due to a birth injury, you can hold negligent medical personnel and facilities accountable through a medical malpractice lawsuit. Alternatively, you may be eligible to get the care and support your child needs through a NICA claim.
Talk through your options with an Orlando cerebral palsy lawyer at Colling Gilbert Wright. There are no up-front costs, so we bear all the risk, and there is no fee unless we win. Schedule a free consultation with our birth injury intake team today.