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Cerebral Palsy:
An Introduction To Your Legal Rights

Cerebral Palsy & Medical Malpractice Help

CP Birth Injury Information

I. Introduction

Does someone close to you have cerebral palsy (CP)? Do you believe they may have been injured during or after birth through the negligence of another? What about the lifetime of medical bills? What about struggling to find the best care possible for your loved one with special needs? What about wondering what might have been had doctor malpractice not occurred? These questions are appropriately answered under cerebral palsy law.

People with CP or other birth-related injuries usually have special medical and other care needs that are critical for their comfort, health, and safety. Most of this care is extremely expensive and is not covered by health care insurance or government benefits. Moreover, many people with cerebral palsy are unable to work. People should not suffer financial hardship because of hospital malpractice or any other negligence. A cerebral palsy attorney can provide invaluable assistance in helping you to determine if you need medical malpractice help.

II. Do I have a case?

In some cases, cerebral palsy can be linked to medical negligence. The first step is to determine if you have a legitimate case. We can provide the medical malpractice help and information you need to do that. During your initial meeting with a Baltimore cerebral palsy attorney, we will discuss your case in detail and obtain the following on your behalf:

  • Mother’s obstetrical records
  • Mother’s delivery records
  • Child’s delivery records

It would also be helpful if you could bring the following documents to the initial client meeting:

  • Chronology of events leading up to and after delivery
  • A list of all current health care providers of the child
  • Family history, if applicable, of any genetic problems
  • A short synopsis of a typical day in the life of the child
  • Medical bills accumulated to date, including potential future needs
  • Photographs of the child

III. Age Factors

Some people believe that if a CP-related medical malpractice suit is not filed shortly after birth, then there is no case. This is not correct. The time in which someone has to file suit in a medical negligence case is governed by the statute of limitations, which is different among the states. In Maryland, for example, the parents of a child injured from medical negligence generally can file their case up to three years from the date the injury was discovered, but no more than five years from the date the malpractice was committed. Children in Maryland, however, have a longer time to file suit. In general, a child has until his/her 21st birthday to file a medical malpractice suit. There are exceptions to these rules, however, which may limit or extend the time to file suit, so you should always speak with a qualified Baltimore cerebral palsy attorney to determine the statute of limitations for your case. Even if these guidelines dissuade you or your loved one from filing suit, you should check with us anyway, just to be sure.

IV. How much will all this cost?

Most medical malpractice lawyers who handle medical negligence cases do so on a contingency fee basis. But contingency fee agreements can vary. Some attorneys ask for an advance of expenses from the client, and others make the client liable for expenses if the case is not won. At the Maryland medical malpractice law firm of Snyder & Snyder, we do not charge our clients fees or expenses unless we win for you, and we do not ask our clients to give us an advance of expenses. Thus, there is no financial risk to our clients for pursuing the adequate compensation and medical malpractice help they deserve.

V. But I’ve known my family doctor all my life . . .

If you think your family doctor — or any doctor — injured your child during birth, you should not let personal feelings get in the way of doing everything you legally can to secure a happy and healthy future for your child. The medical costs associated with raising a disabled child can be enormous. Special schools, customized technology like wheelchairs or communication devices, and lifelong therapy sessions are all burdens that those responsible for your child’s injuries will not share with you unless legal action is taken.

VI. What about my family history?

Cerebral palsy is not a genetic condition, but one resulting from the deprivation of oxygen to the brain before, during or after birth. Again, any person who thinks he, she, or a loved one may have been seriously injured because of the negligence of another should call us to investigate the matter.

VII. Your Future in Our Hands

The law firm of Snyder & Snyder aggressively fights for the legal rights of our clients. Statistically speaking, most medical negligence cases filed in court are either dismissed prior to trial, or lost during trial. However, our office has consistently settled or won the overwhelming majority of our medical malpractice suits, often for record amounts.

If you or your loved one has been seriously injured due to Medical Malpractice and has suffered a Birth Injury such as Cerebral Palsy or Mental Retardation, please Call or Email for a free consultation for experienced medical malpractice help from a Baltimore cerebral palsy attorney of Snyder & Snyder.