Cerebral Palsy Lawyers in Portland
Cerebral palsy is a severe medical condition that can have a devastating effect on victims and their families. Often, a child develops cerebral palsy during or soon after birth due to a health care provider’s negligence. If you believe another person is liable for your loved one’s cerebral palsy, contact Rizk Law as soon as possible to find out if you have a case.
Our Portland cerebral palsy lawyers have decades of combined legal experience and will help you pursue the maximum compensation your loved one may be entitled to receive. We are experienced birth injury lawyers in Portland, and understand the difficulties many families face when caring for a loved one diagnosed with cerebral palsy. Our attorneys are dedicated to helping victims of medical malpractice and other forms of negligence. We know what it takes to effectively build a case that supports your claim, and will use our skills and resources to help prove your loved one’s cerebral palsy was caused by another’s negligence.
All of our services are provided at no upfront cost. We work on a contingency fee basis and only charge our clients if we recover compensation for them. This means you will not be charged upfront legal fees if we represent you during a cerebral palsy claim. We will only charge you for our services if we recover the compensation you need. There is no risk in contacting us to find out if you have a case.
Call 503.245.5677 today to schedule a free consultation.
Causes of Cerebral Palsy
Children often develop cerebral palsy after experiencing an abnormality or traumatic event to the head. This may result in the child experiencing disruption in brain development, causing severe physical limitations. Some of the most common causes of cerebral palsy include:
- Maternal infections during pregnancy
- Injuries during birth
- Infections during birth
- Untreated medical conditions, such as jaundice or kernicterus
- Birth complications
- Traumatic brain injuries
- Lack of oxygen to the brain
- Disruption of blood flow to the brain
When a child develops cerebral palsy after birth, it is often the result of the negligence of the child’s treating health care provider. Our Portland cerebral palsy lawyers are prepared to handle several cases of injuries caused by medical negligence resulting from:
- Failing to diagnose or treat an infection
- Failing to assist a newborn who requires help breathing
- Failing to perform an emergency C-section
- Failing to identify or treat jaundice
- Neglecting warning signs indicating cerebral palsy from fetal heart monitors
- Improperly using medical equipment, such as forceps or vacuum extractors, during the birthing process
If you believe your child developed cerebral palsy due to a health care provider’s negligence, do not hesitate to contact Rizk Law’s cerebral palsy lawyers in Portland. We will provide you with a free, no obligation consultation to help you determine if you have a case against the at-fault health care provider.
Complete a Free Case Evaluation form to get started today.
Types of Cerebral Palsy
Children who suffer cerebral palsy often begin displaying several symptoms. This includes stiff muscles, uncontrollable movements, poor balancing and coordination. There are four main types of cerebral palsy children are diagnosed with:
- Spastic cerebral palsy: This is the most common type of cerebral palsy and affects approximately 80 percent of people diagnosed with the condition, according to the Centers for Disease Control and Prevention (CDC). People who suffer spastic cerebral palsy often have increased muscle tone. This causes their muscles to become stiff, resulting in awkward movements in the legs and muscles located in the lower half of their body.
- Dyskinetic cerebral palsy: People who suffer dyskinetic cerebral palsy have difficulty controlling the movement in their arms, hands, feet and legs. This makes it difficult for them to sit and walk, and may cause uncontrollable, rapid or jerky movements. Dyskinetic cerebral palsy may also affect the tongue and face, making it hard to swallow, suck and talk.
- Ataxic cerebral palsy: This condition causes balancing and coordination problems. People who suffer ataxic cerebral palsy may have difficulty walking, and may find quick movements challenging. This can affect their ability to control their hands or arms while writing or reaching for something.
- Mixed cerebral palsy: Some people may experience symptoms from multiple types of cerebral palsy, with spastic-dyskinetic cerebral palsy being the most common type of mixed cerebral palsy.
Children who suffer cerebral palsy may display several signs within the first 10 months of their life. According to the CDC, children developing cerebral palsy may display the following symptoms:
- The child’s head lags when you pick him or her up
- The child's body feels floppy
- The child overextends his or her back when being cradled in another’s arms
- The child’s legs become stiff and cross or scissor
- The child cannot roll over in either direction
- The child cannot bring his or her hands together
- The child's body feels stiff
- The child has difficulty bringing his or her hands to his or her mouth
- The child uses one hand to reach out while keeping the other clenched in a fist
- The child crawls in a lopsided manner
- The child cannot crawl on all four limbs and scoots or hops on his or her knees
If you have noticed your child displaying the symptoms of cerebral palsy, it is imperative that you seek medical assistance immediately. Once your child’s condition has been diagnosed, consider contacting a cerebral palsy attorney in Portland to determine if the condition may have been caused by another’s negligence.
Call 503.245.5677 if your child has been diagnosed with cerebral palsy.
Proving Negligence in a Cerebral Palsy Claim
Cerebral palsy victims and their loved ones may be entitled to pursue legal action against the negligent health care provider that caused their condition. However, to hold a health care provider liable, a Portland cerebral palsy lawyer will look for several factors that must have been present:
- Duty of care: Health care providers have a duty of care to treat patients with the standard of care accepted by the medical community. A doctor, nurse or surgeon assisting with a child’s birth is legally obligated to provide the same level of care that a health care provider with similar training would have provided under the same circumstances.
- Breach of duty: The health care provider failed to provide the same degree of care that a doctor, nurse or surgeon with similar experience would have under the same conditions. A breach of duty that may lead to a child developing cerebral palsy may include failing to perform an emergency C-section in a timely manner or improperly using forceps during the birthing process.
- Causation: A causal link exists between the health care provider’s breach of duty and your child’s cerebral palsy. Your attorney will work to show that the doctor’s action or inaction during the birthing process caused your child to suffer traumatic brain damage that resulted in him or her developing cerebral palsy.
- Damages: You child must have suffered measurable damages as a result of the health care provider’s negligence. Measurable damages may include the cost of additional medical treatment to care for his or her condition, as well as the loss of income you suffered while treating your child’s condition.
At Rizk Law, our Portland cerebral palsy lawyers are dedicated to helping victims of medical negligence obtain the justice they deserve. If your child suffers cerebral palsy because a health care provider breached his or her duty during the birthing process, we will pursue every legal option available to help you pursue the compensation you need to care for your child.
Contact us today to find out if you have a case.
Compensation for a Cerebral Palsy Case
Children diagnosed with cerebral palsy often suffer severe health complications that require extensive medical treatment and long-term care. Because of this, cerebral palsy victims and their loved ones may be entitled to recover several types of compensation to assist in the cost of their treatment and provide a higher quality of life.
If our Portland cerebral palsy lawyers find that you have a case, you may be entitled to compensation for:
- Past and future medical treatment
- Doctors’ and medical specialists’ visits
- Medical tests and procedures
- Rehabilitation and physical therapy
- Cost of a caregiver or long-term care
- Cost of assistive medical equipment and home and vehicle modifications
- Lost income or wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Diminished quality of life
Through our experience representing victims of negligence, we have learned how to accurately estimate the value of a birth injury claim. During your free consultation, a Portland cerebral palsy attorney will carefully review your claim to determine the how your child’s condition may affect his or her life. We will then work to obtain the maximum amount of compensation we can to help cover the cost of your child’s treatment and long-term needs.
To find out if you may be entitled to compensation, call 503.245.5677.
How Long You Have to Pursue a Case
If you are pursuing a cerebral palsy case against the health care provider responsible for causing your child’s condition, you should be aware of Oregon’s statute of limitations for medical malpractice cases.
Under ORS § 12.110, victims of medical malpractice have two years from the date when their injury is first discovered, or should have been discovered, to file a lawsuit against the at-fault health care provider. However, you must bring your claim within five years of the date your child suffered cerebral palsy, regardless of the date your child’s condition was discovered. If you do not meet these deadlines, your case will be dismissed and you will lose the right to pursue compensation from the at-fault party.
Complete a Free Case Evaluation form to get started.
Schedule a Free Consultation with a Portland Cerebral Palsy Lawyer
If you believe your child cerebral palsy’s diagnosis is due to a health care provider’s error, contact Rizk Law today to discuss filing a lawsuit against the at-fault party. Our Portland cerebral palsy lawyers are dedicated to helping victims and their families pursue their right to hold health care providers liable for their negligence.
Our consultations are free and we do not charge upfront legal fees when we represent you. Our attorneys will work to help you pursue your claim on a contingency fee basis. The only time we require payments is if we recover the compensation you need.
Call 503.245.5677 for professional legal help with your claim.