Getting Everything Your Special Needs Child Deserves With A Cerebral Palsy Medical Malpractice Claim

If I have learned anything about families of children with special needs over the years, it's that parents love their children with a ferocity and a doggedness that will get them through all of the hard times. The medical expenses, in-home care, the meltdowns, the physical therapy, the occupational therapy, the special-needs schools: all of it is worth it for this child who is so well loved, and was born with cerebral palsy.

The love of these parents is so fierce that, they might even be tempted to go on the defensive when it is suggested that their child's cerebral palsy could have been prevented. And that perhaps their doctors were negligent, and should pay for their negligence.

Why Would You Need To File A Medical Malpractice Claim When Your Child Is Perfect The Way They Are?

On that point, you would be 100% correct. Your child is perfect exactly the way that they are. But, consider this. If you had a chance to make your child's life better, would you? Of course you would. If you had an opportunity to fund those retro-fitted homes, therapies, special-schools, and in-home care, would you? Of course you would. If you had an opportunity to hire a qualified child-care provider who knows how to deal with the meltdowns? Yes, of course (you do need a little you-time after all).

Medical Malpractice Lawsuits Are About Making Those Responsible Share The Financial Burden Of Their Mistake

If you had a chance to make the doctor and/or hospital share in the financial and emotional burdens that you've shouldered for the past several years all on your own because they are, in fact, responsible? Of course you would. This isn't about making a statement about your child. If you had the chance to go back and do it all over again, we know that you would choose to have your child with special-needs and that you love your child so very fiercely. Doesn't that mean that you have the responsiblility to look into what really happened at the hospital, to determine if they were negligent? Can you imagine what a sizeable settlement would do for your quality of life; for the child and for your whole family? Can you imagine what life might be like if these things that you struggle to pay for were paid for?

How We Helped A Family Cover The Lifetime Costs Of A Special Needs Child 

A young man with cerebral palsy, paralysis, and an intellectual disability as a consequence of prematurity won his medical malpractice case in D.C.  The case was against a doctor working for a District of Columbia clinic at the time he provided medical care to the young man's mother.  The jury found the doctor committed an all-too-common medical error; he did not review or follow up on a test result.

We see this over and over in medical malpractice cases; doctors, hospitals, and HMOs don't take simple steps to follow up on tests, re-test a patient if the results aren't available, and act on the test results.  This applies to lab results, x-rays, MRIs, sonograms, and a number of other tests.

In this case, the test was a urine culture on which the doctor never followed up. Because of that, and because he didn't re-test his patient at her next pre-natal visit, he never diagnosed and treated the infection that caused her premature labor. Premature labor resulted in her son being born prematurely, with a number of medical conditions and health issues caused by the severity of the prematurity.

We won the case at trial and the doctor appealed.  The Court of Appeals recently affirmed (we won again). 

A jury trial is a hard thing for any client to go through. We were very fortunate to have the young man's mother there every day with us, explaining to the jury all of the care she gave (and still gives) to her son; feeding, changing, bathing, reading to him, and watching over him while his healthy younger brothers played with him. 

To secure a good outcome for this young man; it made it all worthwhile.

Does Your Child Have Cerebral Palsy in DC, Maryland, and Virginia and You Think It May Have Been Malpractice?

Cerebral palsy can be a devastating injury to a baby, with brain damage, paralysis and developmental delay.  Every child is different, but if your child is not hitting his developmental milestones and you're suspicious it was caused by medical mistakes, call or email us to order one of our free, no obligation books or guides to help your child and your family. 

Not everybody has a case, of course. But if you had any type of birth trauma, asphyxia (lack oxygen or bloodflow to the brain), fetal heart rate too high or too low, etc. you might have a case against the hospital and/or the physician. The hospital will not tell you that they were negligent; this has to be determined by reviewing medical records. And there are statutes of limitations to file medical malpractice cases in D.C., Maryland and Virginia, so give us a call today and we can explain how it works to you.

Give us a call and you will speak with a real person who wants to hear your story. 202-393-3320. Chances are, we've helped someone just like you, your family and your child.  The call is free, confidential, and there's no obligation. 

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer
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