New Jersey Cerebral Palsy Lawyer

Cerebral Palsy Attorneys

At Varcadipane & Pinnisi, P.C., we understand the profound impact that a cerebral palsy diagnosis can have on your child’s life and your family’s future.

Cerebral palsy, often caused by medical negligence during childbirth, results in lifelong challenges requiring extensive medical care, therapy, and support. When you choose Varcadipane & Pinnisi, P.C., you’ll work with an experienced, passionate New Jersey cerebral palsy lawyer committed to advocating for your rights. We’ll do everything we can to help you and your family secure the compensation needed to provide the best possible care for your child.

NJ child with cerebral palsy

The following is a look at cerebral palsy’s causes, symptoms, and long-term effects. You’ll also learn the process of filing a medical malpractice lawsuit. In addition, we’ll outline the damages you may be entitled to and explain how our experienced legal team can support you every step of the way.

Table Of Content

What is Cerebral Palsy?

Medical experts refer to cerebral palsy (CP) as a variety of disorders impacting movement, muscle tone, and posture. CP occurs due to damage to the baby’s brain, which can occur before, during, or shortly after birth. Brain damage that leads to cerebral palsy can result from various factors, including oxygen deprivation, infections, and traumatic injuries. CP is one of the most common childhood disabilities, impacting between one and four children per 1,000 live births.

CP can manifest in different forms, ranging from mild to severe. There are several types of the condition, including spastic, dyskinetic, ataxic, and mixed. Here’s more information on each.

Spastic CP

This is the most common form of the disease. Affected individuals typically exhibit stiff muscles and exaggerated reflexes. This condition results in difficulty with movement and coordination, often leading to a limited range of motion and challenges with daily activities. Individuals may experience muscle tightness, particularly in the legs, arms, and back.

Dyskinetic CP

Dyskinetic CP involves involuntary, uncontrolled movements, often resulting in twisting or repetitive motions. These movements can affect the entire body, making sitting, standing, or walking difficult. Uncontrollable muscle movements can also impact speech and facial expressions.

Ataxic CP

This is the least common type, characterized by problems with coordination and balance. Individuals with this form of CP may struggle with precise movements, such as writing or buttoning a shirt, and appear unsteady when walking. Tremors and an irregular gait are also common symptoms.

Mixed CP

Mixed cerebral palsy involves symptoms from more than one type of CP, most commonly a combination of spastic and dyskinetic features. This type presents a complex set of challenges, as individuals may experience both muscle stiffness and involuntary movements, requiring a multifaceted approach to treatment and management.

Despite advancements in medical care, there is no cure for cerebral palsy, and those with the condition often require lifelong support and therapy to manage their symptoms and improve their quality of life.

Symptoms of Cerebral Palsy

CP symptoms vary widely. The severity of symptoms depends on what kind of CP the person has and how much brain damage has occurred. Common signs include poor muscle coordination, stiff or floppy limbs, exaggerated reflexes, and involuntary movements. In infants, early indicators might include developmental delays, such as not reaching milestones like sitting, crawling, or walking at expected ages. Babies with CP may also exhibit abnormal muscle tone, either too stiff or too floppy, and have difficulty with motor skills, such as grasping objects.

New Jersey cerebral palsy lawyer

As children grow older, additional symptoms can become more apparent. These may include difficulty with speech and swallowing, tremors or involuntary movements, and problems with balance and coordination. Some children with cerebral palsy may also experience seizures, intellectual disabilities, and sensory impairments, such as vision or hearing problems.

Parents and caregivers must be vigilant in monitoring developmental progress and seeking medical evaluation if any concerns arise. Early diagnosis and intervention can significantly improve outcomes for children with CP.

What are the Long-Term Complications of Cerebral Palsy?

Cerebral palsy can lead to various long-term complications that affect an individual’s physical, emotional, and social well-being. Mobility issues are a significant concern, as many individuals with CP require assistive devices, such as braces, wheelchairs, or walkers, to move around. This can lead to a reduced ability to participate in everyday activities and may necessitate ongoing physical therapy and rehabilitation.

Chronic Pain

Chronic pain is another common complication, often resulting from muscle stiffness and joint deformities. Medical professionals can manage pain with medication, physical therapy, and, in some cases, surgical interventions. In addition, those with cerebral palsy may have difficulty with fine motor skills, making tasks like writing, eating, and dressing challenging. Speech and communication difficulties are also prevalent, with some individuals requiring speech therapy or alternative communication methods to express themselves effectively.

Anxiety and Depression

Mental health issues, including anxiety and depression, can arise due to the challenges and social isolation associated with living with CP. Intellectual disabilities and learning difficulties may also be present, requiring tailored educational support.

Other Health Issues

People with CP are also at a higher risk of developing other health problems, such as respiratory issues, osteoporosis, and gastrointestinal disorders. Comprehensive, multidisciplinary care is crucial to managing these long-term complications and enhancing the quality of life for individuals with cerebral palsy.

Can Negligence Cause Cerebral Palsy?

Yes, cerebral palsy can sometimes occur due to medical negligence. In cases where medical professionals fail to provide an adequate standard of care during pregnancy, labor, or delivery, their actions or inactions can result in brain damage leading to cerebral palsy. Examples of negligence include:

  • Failing to monitor fetal distress.
  • Improper use of delivery tools like forceps or vacuum extractors.
  • Delayed C-sections.
  • Failing to address infections or medical conditions in the mother or baby promptly.

Medical negligence can also involve inadequate management of prenatal care, such as not identifying and treating conditions like preeclampsia, gestational diabetes, or infections that could harm the fetus. If a healthcare provider’s failure to act competently and within the accepted standards of medical practice results in a child developing cerebral palsy, the family may have grounds for a medical malpractice claim.

Proving negligence in such cases requires a New Jersey cerebral palsy lawyer with Varcadipane & Pinnisi, P.C., to investigate. Your attorney will also call upon expert testimony to establish that the healthcare provider’s negligence directly caused the brain injury. Families who suspect that medical negligence contributed to their child’s cerebral palsy should consult with an experienced attorney to explore their legal options and seek justice.

How to File a Medical Malpractice Lawsuit?

Filing a medical malpractice lawsuit involves several critical steps. First, it is essential to consult with an experienced New Jersey cerebral palsy lawyer who can evaluate the case and determine if there is sufficient evidence to proceed. The malpractice law attorney will review medical records, obtain expert opinions, and assess whether the healthcare provider’s actions deviated from the accepted standard of care, resulting in harm to the patient.

Filing a Complaint

Once the attorney determines the claim is viable, the next step is to file a formal complaint with the court. This document outlines the allegations against the healthcare provider, details the injuries sustained, and specifies the damages you seek. You must file the complaint within the statute of limitations, which is two years from the date of injury or discovery of harm in New Jersey.

Discovery

Discovery is the portion of the case where the parties give information to each other. This information includes medical records, expert reports, and depositions. This process allows each side to build its case and identify key evidence. Both sides will continue negotiating for a settlement, which can occur at any point during the litigation process. The vast majority of cases are settled out of court.

If the two sides can’t agree on a settlement, the case proceeds to trial, where a judge or jury will determine liability and award damages. An experienced New Jersey cerebral palsy lawyer with Varcadipane & Pinnisi, P.C., will make a compelling case to ensure the best possible outcome.

What Damages Can I Get Compensated For?

In a medical malpractice lawsuit involving cerebral palsy, victims can seek various damages to compensate for their losses and suffering. These damages typically fall into one of two categories – economic or non-economic damages.

  • Economic damages cover quantifiable financial losses incurred due to the injury. They include medical expenses like surgeries, medications, therapy, and assistive devices. Your New Jersey cerebral palsy lawyer will also consider future medical care, as those with cerebral palsy often require lifelong treatment. Economic damages can also include lost wages if a parent has to leave their job to care for the child, as well as the child’s loss of future earnings.
  • Non-economic damages provide recovery for the subjective damages that are more difficult to quantify. These can include emotional trauma, pain and suffering, lost enjoyment of life, and the impact on the child’s quality of life. Non-economic damages acknowledge the profound and often lifelong effects of cerebral palsy on both the child and their family.

An experienced Varcadipane & Pinnisi, P.C. New Jersey cerebral palsy lawyer can show you the damages you may be entitled to. They’ll fight for maximum compensation to support the child’s needs and secure their future.

What Can New Jersey Cerebral Palsy Attorney Do for You?

A New Jersey cerebral palsy lawyer with Varcadipane & Pinnisi, P.C., has years of families affected by this condition, particularly in cases where medical negligence may have played a role. Their experience is crucial in overcoming the challenges associated with medical malpractice claims and ensuring that families receive the justice and compensation they deserve.

Investigation

One of the primary roles of a New Jersey cerebral palsy lawyer is to investigate the circumstances surrounding the birth and subsequent diagnosis thoroughly. This investigation involves reviewing medical records, consulting with medical experts, and identifying deviations from standard medical practices that may have caused the injury. Your attorney will gather and present evidence to build a strong case demonstrating the healthcare provider’s liability.

Support and Guidance

Your New Jersey cerebral palsy lawyer will handle all aspects of the case, from filing the lawsuit and managing legal paperwork to negotiating with insurance companies and representing the family in court. You can focus on caring for your child without the added stress of legal proceedings.

Fighting for Compensation

Your attorney will also advocate for the maximum compensation possible. They’ll work to secure funds for medical expenses, therapy, assistive devices, and future care needs. They also seek compensation for non-economic damages, such as pain and suffering and loss of quality of life. By fighting for comprehensive compensation, a New Jersey cerebral palsy lawyer helps families ensure their child receives the care and support they need to lead a fulfilling life.

Call a New Jersey Cerebral Palsy Lawyer for a Free Case Review

If you believe your child’s cerebral palsy occurred due to medical negligence, please speak with an attorney immediately.

At Varcadipane & Pinnisi, P.C., we understand cerebral palsy’s profound impact on your child’s life and your family’s well-being. Let one of our New Jersey cerebral palsy lawyers handle the legal complexities while you focus on giving your child the best life possible.

Call (800) 616-2916 or contact us online for a free consultation and take the first step toward holding the responsible parties accountable.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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