Louisville Cerebral Palsy Attorney

Cerebral palsy is a lifelong condition that can significantly affect the lives of those who have it and their families. In some cases, cerebral palsy results from medical negligence during childbirth or pregnancy.

When this happens, families often face overwhelming challenges. A Louisville cerebral palsy lawyer can provide guidance and support, helping families seek compensation for the medical expenses, pain, and suffering caused by this condition.

A neurological disorder affecting movement, muscle coordination, and posture, cerebral palsy (CP) is caused by damage to the developing brain, often happening in the process of labor, delivery, or shortly after a child’s birth. While cerebral palsy can have a variety of causes, a sustained injury during the birthing process is a key factor in many CP cases.

Some examples of the types of medical negligence that can lead to cerebral palsy include:

• Failure to monitor the baby’s oxygen levels during labor
• Improper use of delivery tools like forceps or vacuum extractors
• Delayed cesarean sections

When medical professionals fail to follow the standard of care, they can cause lasting harm to the child.

Caring for a child suffering from cerebral palsy is emotionally and financially challenging. Many families must deal with a lifetime of medical procedures, therapies, and personal care. Financially, the impact of a birth injury like CP or Erb’s palsy can be overwhelming, with costs like medical bills, equipment fees, and lost income piling up over time.

Being the caregiver for a child with cerebral palsy brings lifelong challenges that extend far beyond diagnosis and impact every aspect of a family’s daily life.

The emotional impact on families can be even more significant. The affected child’s parents often experience difficult emotions ranging from grief and sadness over their child’s CP to frustration and anger at the actions that led to their diagnosis. These emotions may only be compounded by the daily demands of caring for a special needs child, leading to even more stress, anxiety, and even depression.

They may struggle with feelings of guilt, as well, asking themselves what they could have done differently to prevent the injury.

This guilt can create an emotional strain between family members, negatively affecting relationships and overall mental health. Brothers or sisters of children with cerebral palsy can feel neglected or overshadowed by the attention their sibling needs every day. This can lead to feelings of resentment or isolation.

The financial impact of caring for a child with cerebral palsy can also be overwhelming. The costs can quickly add up, placing a significant burden on family finances. A 2003 report estimated the costs of cerebral palsy over an average lifetime was estimated at $921,000. In 2023 (adjusted for inflation), this equates to a little more than $1.6 million.

Some of these expenses can include:

• Medical Costs: Victims of cerebral palsy often require ongoing medical care, including surgeries, medications, and regular healthcare appointments. These medical bills can be substantial, even with insurance coverage, and are unlikely to lessen over time.
• Therapy: Physical, occupational, and speech therapy are commonly required treatments for cerebral palsy patients. These can help children improve their mobility, communication, and daily living skills. However, these therapies can be expensive and may be needed throughout the child’s life.
• Assistive Equipment: Many children with cerebral palsy need various forms of assistive devices, like wheelchairs, walkers, or aids to communicate. This equipment can be expensive and needs to be upgraded or replaced as they grow.
• Living Space Modifications: Families often need to make home modifications to accommodate their child’s CP needs. Things like installing ramps, widening doorways, or building wheelchair-accessible bathrooms, etc., can be costly and aren’t always covered by insurance.
• Special Education: Children with CP often need special education services. These may come with additional costs for specialized instruction, equipment, and transportation.

In addition to these direct costs, many families must deal with a loss of income.

One or both parents might have to reduce their work hours or stop working entirely to care for their child. This financial loss, on top of increased expenses, can mean significant, long-term financial burdens.

In cases where a child’s CP was the result of medical negligence, a successful legal claim for both economic and non-economic losses can offer desperately needed financial relief to cover these costs and help ensure the child’s needs are met, now and in the future.

The legal process for cerebral palsy claims can be complex and lengthy. The thought of pursuing legal action while caring for a child with special needs can feel overwhelming. This is when you need a compassionate and skilled lawyer to handle the legal aspects of your case, allowing your family to focus on your child’s well-being.

Once your attorney has compiled the evidence, they’ll file a lawsuit against the responsible parties.

Next comes the discovery phase. This is when both sides exchange evidence. Throughout this process, your lawyer will keep your family informed of all progress, making sure that you understand what’s happening during each step of the process.

If your case does go to trial, your Louisville cerebral palsy attorney will represent your family in front of a judge, presenting their evidence and making a compelling argument for maximum compensation.

Cerebral palsy is a life-changing medical condition that has profound effects on both your child and the rest of your family. In cases where medical negligence is the cause, you have the right to seek justice and compensation for the challenges your family is left facing.

Taking early action, choosing the right lawyer, and understanding the legal process are essential steps in pursuing a cerebral palsy claim in Kentucky. With the right legal representation, families can focus on their child’s care and future while knowing that their legal rights are being protected.

At McCoy & Hiestand, PLC, our legal team can help you hold the at-fault party accountable and get you maximum compensation for the financial and psychological burdens that you may still be facing after your child has been diagnosed with CP.

Contact our firm today for a free consultation.