The ramifications from a cerebral palsy diagnosis can affect a child and parents for a lifetime. The child’s medical needs can be lifelong expenses, and some children may never become independent. While this condition is sometimes unavoidable, there are times when a child’s diagnosis is the result of a provider’s negligent actions. If you believe your child’s birth injury was caused by medical malpractice, the attorneys at Trantolo & Trantolo, LLC are here to represent your family.
What should have been a time of joy has now become a time of worry and frustration. Our team of cerebral palsy lawyers in Connecticut have has been fighting for injury victims since 1938, and we are here to help your family get the justice you deserve. Call us now for a free consultation.
Our Connecticut Firm Has a Reputation of Excellence
When your child is hurt, it can be hard to focus on anything except caring for them. We understand that this is a difficult time for your family right now, and the thought of fighting providers, hospitals, and their insurers seems impossible. However, Trantolo & Trantolo, LLC is here to protect your child’s rights and offer guidance throughout the legal process.
By working with our firm, you get a dedicated medical malpractice team led by Attorney Paul Edwards. Paul has spent over 30 years dealing with malpractice claims, both on the side of negligent providers and on the side of victims. His time representing doctors, hospitals, and nursing homes has given him a unique perspective and an edge in the fight for just compensation.
With the help of other attorneys, paralegals, and nurses, Attorney Edwards is prepared to represent your family in the fight for accountability and justice. When working with our team, you can expect us to:
- Gather and analyze evidence of injury and neglect
- Draw on medical professionals who can provide their expert opinions on your child’s injuries and the standard of care expected of your provider
- Manage all deadlines and legal requirements for insurance claims and lawsuits
- Negotiate for a settlement offer with the other party
- Represent you in court at trial
Our firm is backed by over eight and a half decades of legal experience, and we are prepared to take on challenging cerebral palsy birth injury claims. Do not let insurance companies get away with weak offers—let Trantolo & Trantolo, LLC represent you today.
Connecticut Birth Injuries Can Occur in Many Ways
A medical malpractice case involves proving hospital staff did not act in accordance with common practices. This malpractice can come from any involved providers, and the medical facility or hospital could even be liable for your child’s harm.
While some causes of cerebral palsy—such as a lack of oxygen to the brain—may not be preventable, others result from a provider’s failure to act appropriately given the circumstances. Some examples of malpractice that could have caused or contributed to your child’s development of cerebral palsy include:
- Infections during pregnancy, like meningitis, herpes simplex, and toxoplasmosis were not detected and treated.
- Fetal heartbeat was not properly monitored for distress in labor and childbirth in such situations as pre-eclampsia and eclampsia.
- The physician did not detect a prolapsed umbilical cord.
- A cesarean section was never planned and scheduled, or it was delayed.
- Extreme blood loss during delivery from placenta abruption reducing oxygenation to fetus
- Misuse of equipment and instruments like a vacuum or forceps which can cause head trauma during delivery.
- Hospital staff failed to correctly identify when the mother’s water broke.
- Insufficient prenatal care recommendations for high-risk pregnancies which include multiple fetuses, over age 35, gestational diabetes and gestational hypertension.
- Excessive force used during delivery such as incorrect delivery maneuvers or prolonged use of assistive equipment.
- The doctor does not detect when the baby is stuck.
- Head trauma during delivery.
- Prescribing unsafe medications to the mother during pregnancy.
Our team works with medical professionals who can help us identify the actions your provider took (or did not take) that resulted in your child’s cerebral palsy.
What Is Cerebral Palsy?
According to the Centers for Disease Control and Prevention (CDC), cerebral palsy is one of the more common birth disorders, as one to four children out of 1,000 are diagnosed with this condition.The term cerebral refers to brain, and palsy refers to problems with movement. Cerebral palsy is a neurological disorder that greatly reduces body movements, coordination, and motor skills and may further include visual disturbances and intellectual disabilities. One potential cause of this condition is a lack of oxygen to the brain.
Cerebral palsy takes one of four forms:
- Spastic Cerebral Palsy — Approximately 80 percent of cerebral palsy cases are considered spastic CP. This form of CP involves stiffness or difficulty moving, often as a result of tightening in one or more muscle groups.
- Athetoid (or Dyskinetic) Cerebral Palsy — This condition is characterized by involuntary movement, slurred speech, difficulty swallowing and maintaining posture, and low muscle tone.
- Ataxic Cerebral Palsy — These cases are characterized by depth perception, uneven balance, tremors, and trouble with muscle coordination.
- Mixed Cerebral Palsy — The most common form involves a combination of spastic and athetoid characteristics.
Conditions That Can Lead to Cerebral Palsy
Cerebral palsy is a non-progressive health condition that has no cure, although therapy proves to have positive effects. The condition may stem from the following types of brain damage:
- Periventricular Leukomalacia (PVL): This is damage to white matter brain tissue. Infants with PVL have a higher chance of cerebral palsy.
- Hypoxic-Ischemic Encephalopathy (HIE): People with this condition have suffered some level of brain damage because of a lack of blood and oxygen to the brain. HIE in newborns is also known as birth asphyxia, perinatal hypoxia, and neonatal encephalopathy.
- Intracranial Hemorrhage: A hemorrhage or bleeding in the brain causes a hematoma to form, which damages brain tissue.
In terms of cerebral palsy related to childbirth, the condition may result from a lack of oxygen to the body (asphyxia) or brain (hypoxia), premature delivery, birth trauma, low birth weight, a breech birth, untreated jaundice or multiple births. These are not the only potential risk factors that could put a child at risk of cerebral palsy birth injuries, and your providers should be aware of increased risks and take appropriate precautions to prevent harm.
What Damages Can I Seek if My Child Developed Cerebral Palsy Due to Negligence?
A cerebral palsy diagnosis can mean different things for different families. Some children may have ongoing medical needs and require accommodation, but they go on to live very full and long lives. Others can have very severe forms of cerebral palsy and have complex needs that prevent them from living independently and caring for themselves. Regardless of where your child will fall on this spectrum, your family can seek compensation for your family’s losses.
Some of the damages we help families pursue include:
- Current medical bills
- Future medical needs
- Pain and suffering for both the child and the parents
- Emotional distress
- Lost income, if one or both parents were unable to work
- The costs of future education and accommodation needs
Your family may have economic and non-economic losses not listed above, and we are determined to seek a payout that addresses all of your family’s needs.
Time Is Limited in a Cerebral Palsy Lawsuit
Like any personal injury case, birth injury claims are limited by the state’s statute of limitations. CT Gen. Stat. § 52-584 restricts how long you have to file a lawsuit for your child’s losses. Additionally, collecting evidence and starting your claim takes time, so the sooner you can start your case, the better.
Malpractice claims and the deadlines surrounding them can be quite complicated, as many factors can affect the start and end dates. We encourage you to call our firm as soon as possible to protect your ability to seek compensation. We can assess your claim and figure out how much time you have to act.
Let our Connecticut Team Fight for Justice for Your Child’s Birth Injury
No parent ever wants to hear that something went wrong during birth. You placed your trust in a medical professional, and their negligence has jeopardized your child’s future. We understand that you are going through a difficult time right now, and we are here to help you seek justice. Call Trantolo & Trantolo, LLC now for a free case review with our Connecticut-based team.