Santa Fe & Albuquerque Cerebral Palsy Attorney

Newborn baby holding finger of mother

Medical errors during a mother’s pregnancy or labor can cause cerebral palsy. If your newborn has been diagnosed with cerebral palsy, it could result in lifelong consequences requiring extensive medical and rehabilitative care. If your child’s cerebral palsy was caused by medical malpractice, you may be entitled to pursue compensation for your child’s ongoing care expenses. 

The compassionate attorneys at Hunt Law Firm are prepared to guide you through the process of pursuing compensation and justice for you and your child. We will work diligently to pursue the financial support and security provided through a medical malpractice lawsuit. We are prepared to answer your questions and help you understand your legal options. 

What Is Cerebral Palsy?

Cerebral palsy is a neurological disorder that affects muscle tone, movement, and posture. A leading cause of disability for children, doctors diagnose nearly 10,000 new cases of cerebral palsy yearly. Some of the earliest signs of cerebral palsy in infants include the following:

  • Difficulty eating
  • Lack of muscle coordination
  • Involuntary movements
  • Spastic reflexes
  • An infant feeling stiff when held
  • Difficulty moving one or more limbs
  • Speech and motor delays

Oxygen deprivation during a mother’s labor and delivery is one of the main causes of the type of brain damage that can lead to cerebral palsy. The exact cause of cerebral palsy can be challenging to determine, but certain risk factors of cerebral palsy are well known and include low birth weight, maternal infections and illnesses, premature birth, birth complications, and more.

Does My Child Qualify for a Cerebral Palsy Lawsuit?

Not every child with cerebral palsy has a medical malpractice claim. For many children, cerebral palsy is congenital. When the cause of cerebral palsy can’t be shown, proving negligence can be challenging. To pursue compensation, your child will need to have an official cerebral palsy diagnosis from his or her neurologist. You’ll also need to be able to prove medical malpractice caused your child’s cerebral palsy with the help of your attorney. 

Proving Medical Malpractice in a Cerebral Palsy Lawsuit 

Providing medical malpractice requires providing evidence that one or more medical providers failed to provide your child with an adequate standard of care, resulting in injuries that caused cerebral palsy. Medical negligence can involve negligent actions or inactions. Errors in judgment, a lack of experience, and mistakes can all cause cerebral palsy in infants. Some of the most common preventable mistakes leading to cerebral palsy include, but are not limited to, the following:

  • Failure to perform a C-section when necessary
  • Delaying a C-section too long
  • Inadequate monitoring of the fetus’s vital signs and distress
  • Failure to act quickly on fetal distress 
  • Misreading test results
  • Medical negligence after the newborn’s birth
  • Premature patient discharge
  • Failure to treat a newborn’s jaundice, which can trigger a type of brain injury
  • Using excessive force with forceps or other birth-assisting tools
  • Failure to diagnose and treat a mother’s infections or monitor her health 
  • Making mistakes during the administration of anesthesia
  • Making surgical errors during a C-section
  • Failure to deliver an infant quickly and safely, resulting in oxygen deprivation

The Benefits of Working with a Cerebral Palsy Lawyer

Navigating the process of recovering compensation can be challenging. Working with an attorney can help you protect yourself, your child, and your claim for compensation. Insurance companies may begin calling you and pressuring you to settle with them for an amount too low to cover your child’s expenses. 

They may deny a legitimate claim for medical malpractice. While you care for your child and navigate his or her medical needs, your attorney can handle the communication and negotiation with the insurance company. 

The attorneys at Hunt Law will handle every aspect of your claims so you can focus on caring for your child. We treat clients like families and will keep you informed of any changes in your case. We only collect attorney’s fees and costs when we win a settlement or verdict at trial. Our trial-ready attorneys are prepared to take your case to trial when needed. 

Available Damages in a Cerebral Palsy Lawsuit

When pursuing a medical malpractice lawsuit, the attorneys at Hunt Law regularly work with financial and medical experts. Your child will likely need medical treatment, physical therapy, occupational therapy, durable medical equipment, and more throughout his or her lifetime. 

Carefully estimating the total cost of your child’s cerebral palsy-related needs is crucial. Generally, the more your child’s cerebral palsy impacts his or her life, the higher the value of the claim. An attorney can provide you with an estimate of your case’s value. Some of the damages you can recover through a successful lawsuit include, but are not limited to, the following:

  • The severity of your child’s symptoms, disabilities, and medical condition
  • The amount of care and support you’ll need in the future
  • Your child’s current and expected future medical bills and related expenses
  • Your lost wages if you cannot work because you need to care for your child
  • Costs related to early educational interventions
  • Emotional pain and suffering
  • Compensation for your child’s reduced independence

How Long Do We Have to Pursue a Claim?

Victims of medical malpractice have a limited amount of time to file a lawsuit for compensation. Generally, patients only have three years to file a claim for injuries caused by medical negligence. 

However, when a plaintiff is a minor who suffered an injury when he or she was younger than six years old, the statute of limitations doesn’t go into effect until the child’s ninth birthday. The sooner you speak to an attorney, the more time your attorney will have to gather important evidence and begin pursuing the compensation you need and deserve.

Discuss Your Case with a Cerebral Palsy Attorney in New Mexico

Caring for a child with cerebral palsy can be emotionally, physically, and financially challenging. If a birth injury caused your child’s cerebral palsy, you might be entitled to compensation for your injuries. Contact Hunt Law today to schedule a complimentary case evaluation and learn more about your legal rights.