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Cerebral Palsy

Cerebral Palsy Attorney in San Francisco

Record-Results For Birth Injury Victims in California: (888) 831-8448

Cerebral palsy (CP) is a permanent, non-progressive neurological condition characterized by varying degrees of disability. As the CDC estimates as many as 1 in 5 cases of cerebral palsy result from medical negligence, it’s important for parents to explore whether their child’s condition could and should have been prevented if not for medical negligence – and whether they have the right to pursue legal action.

At Bostwick & Peterson, LLP, we’ve become known nationally as specialists in complex, catastrophic medical malpractice and birth injury cases. Led by two of the most respected plaintiffs’ trial lawyers in the nation, we’ve proven our ability to help families prevail amid the most challenging times.

Why Choose Us?

  • Record-Setting Medical Malpractice Results
  • Over $1 Billion Recovered for Clients
  • Award-Winning, Nationally Recognized Attorneys
  • Personalized, Compassionate Support

Learn how our firm can fight for your family by calling (888) 831-8448 or contacting us online. Bostwick & Peterson proudly serves clients throughout California, Hawaii, and the U.S.

Cerebral Palsy & Birth Injury Lawsuits

Cerebral palsy is a complex condition caused by oxygen deprivation and brain damage. It causes problems with muscle tone, muscle coordination, and motor control. In the most severe cases, seizures may also exist. Cerebral palsy doesn’t worsen as a child ages, but depending on its severity and type, can create immense challenges and limitations throughout a person’s life.

Types of cerebral palsy include:

  • Athetoid: Athetoid cerebral palsy (sometimes called dyskinetic in cases where CP results from hypoxic-ischemic encephalopathy) is the most common form of the condition. Children typically have full intellectual capabilities, but often experience a lack of control over muscles which may differ in tone (tight or loose), and which may contract involuntarily.
  • Ataxic: The least common form of CP, ataxic cerebral palsy only affects a child’s fine motor skills. In some cases, there may also be difficulties related to the inner ear and speech.
  • Spastic Quadriplegia: Also referred to as tetraplegic CP, spastic quadriplegia CP involves a child having little to no control over their limbs (movement of the arms and legs), delayed development, and, in some cases, considerable and chronic pain.

Parents of babies born with CP have many questions, particularly when it comes to how the condition occurred. In some cases, it’s unexplainable. In others, it’s the result of medical negligence and mistakes made by providers who treated pregnant mothers before, during, or shortly after delivery.

Some common examples of medical errors / malpractice that can result in cerebral palsy include:

  • Failures to diagnose maternal medical conditions or potential complications during pregnancy;
  • Failure to monitor vital signs and / or fetal heart rate during delivery, and failures to act when a fetus is in distress;
  • Delayed C-sections or failures to perform C-sections when complications arise;
  • Medication errors involving labor-inducing drugs (i.e. Pitocin);
  • Improper medical response to fetal distress, and failures to perform timely brain cooling therapy following infant brain damage.

Doctors, nurses, and other health care providers who oversee pregnancies and deliveries are expected to meet acceptable standards of their profession – meaning they must act as any reasonably skilled medical professional would be expected to act under the same or similar circumstances.

When providers fail to meet their “duty of care,” it opens the door to what can be profound and permanent injuries – as well as civil lawsuits filed by families who must now face a lifetime of added expenses, including those related to a child’s medical bills, accommodative needs, and more.

FAQs About Cerebral Palsy

What are the common symptoms of cerebral palsy?

Common symptoms of cerebral palsy include difficulty with motor skills, such as problems with walking, sitting, or grasping objects. Individuals may exhibit muscle stiffness or spasticity, uncontrollable movements, or coordination issues. Other symptoms can include abnormal muscle tone, balance problems, and difficulty with speech and swallowing. Symptoms can range from mild to severe and may evolve over time as the individual grows.

Can cerebral palsy be treated or managed?

While there is no cure for cerebral palsy, various treatments and therapies can help manage symptoms and improve quality of life. These may include physical therapy, occupational therapy, speech therapy, and medications to manage muscle spasticity or seizures. In some cases, surgical interventions may be necessary to address specific issues. Early intervention and a comprehensive treatment plan can significantly enhance the individual’s ability to function and participate in daily activities.

What is the long-term outlook for individuals with cerebral palsy

The long-term outlook for individuals with cerebral palsy varies widely depending on the severity of the condition and the presence of associated health issues. Many individuals with CP can lead active, fulfilling lives with the right support and interventions. While CP is a lifelong condition, ongoing therapy and medical care can help individuals achieve their fullest potential and adapt to their changing needs over time. With proper management, many people with CP can attend school, work, and participate in recreational activities.

How do I determine if I have a valid cerebral palsy injury claim?

To determine if you have a valid cerebral palsy injury claim, you should consult with a lawyer experienced in medical malpractice or birth injury cases. They will review medical records, obtain expert opinions, and assess whether there was negligence or a breach of the standard of care that contributed to the development of cerebral palsy. A thorough investigation and expert testimony are often needed to establish the validity of the claim.

What evidence is needed to support a cerebral palsy injury claim?

Supporting evidence for a cerebral palsy injury claim typically includes medical records, including prenatal and delivery records, imaging studies, and any documentation of the child's development and symptoms. Expert opinions from medical professionals who can attest to the standard of care and how it was breached are crucial. Testimonies from witnesses, including healthcare providers, may also be relevant.

Let a Proven San Francisco Cerebral Palsy Attorney Fight For You

Based in San Francisco, Bostwick & Peterson proudly serves families throughout California and the nation. Over the years, Partners James Bostwick (a Certified Medical Malpractice Specialist) and Erik Peterson have secured remarkable recoveries in a range of difficult medical malpractice cases, as well as record-setting verdicts and settlements in five separate states.

As our case results show, we’ve excelled in birth injury and malpractice cases for many years, and have secured record results in cerebral palsy cases.

If you’d like to speak with an attorney about your rights and options, call (888) 831-8448.

NATIONALLY RECOGNIZED LAW FIRM

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What Sets Bostwick & Peterson, LLP Apart?

  • More than $1 billion recovered for our clients
  • Since January 2018, the firm has twice broken the California record for the largest medical malpractice settlement
  • James Bostwick was named Trial Lawyer of the Year by Best Lawyers® in 2012
  • James Bostwick is a Nationally Certified Specialist by the American Board of Professional Liability
  • Included in the list of "Best Lawyers in America" by U.S. News - Best Lawyers® since its inception in 1983
  • James Bostwick received the Trial Lawyers "Presidential Award of Merit"
  • James Bostwick is a member of the Inner Circle of Advocates, limited to the nation’s top 100 plaintiff lawyers
  • Record-setting verdicts and settlements in five states for medical malpractice and motor vehicle accidents
Experienced Trial Lawyers

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