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Understanding Cerebral Palsy and How to Recover Damages

Mellino Law Firm

Cerebral Palsy is an incurable, lifelong condition. The cause is typically due to medical errors that occurred during or shortly after birth. If you have a child that was born with cerebral palsy, here are a few things that you need to know.

About Cerebral Palsy

The most common causes of cerebral palsy are a decrease in the oxygen supply to the baby’s brain, infection or head trauma before, during or shortly after birth. There are four main types of cerebral palsy which include the following:

  • Spastic
  • Athetoid
  • Ataxic
  • Mixed

Types of Damages That Can Be Won in a Lawsuit

Any healthcare provider whose acts or omissions lead to an infant suffering brain damage can be legally held responsible. This means that if you can prove that a healthcare professional’s acts and errors lead to the oxygen deprivation or brain injuries that caused the cerebral palsy, you may be awarded damages in a lawsuit. Compensation can include economic damages such as past and future medical bills, the lost wages you suffer caring for your child and the cost of caretaking expenses. Non-economic damages may include the pain and suffering your child feels, compensation for the physical disabilities and compensation for your child’s shortened life expectancy rate.

The Statue of Limitations for Cerebral Palsy Cases

The statute of limitations for cerebral palsy cases varies from state to state. In Ohio, because the claim is being made on behalf of a minor child, the lawsuit does not have to be filed until the child’s 19th birthday. It is important that a claim is filed by the date the statute runs out, or you and your child may lose the right to recover the money you both may otherwise be entitled to.

Why You Need a Lawyer to Help You With These Cases

Most doctors are not going to come right out and explain the error that was made that affected your child’s health. Instead, they are going to offer up excuses as to why your child was born with cerebral palsy to avoid lawsuits. A legal team is necessary to help determine the cause of the condition and who is at fault. It takes a lot of resources and professional help to show why your child’s condition was caused by an error and who made that error.

At The Mellino Law Firm LLC, we are experts in handling cases that deal with cerebral palsy. In 2014, we won over $28,000,000 for a family whose child was born with cerebral palsy. We have a network of resources that we have built to help with these types of cases to ensure that your family gets the full compensation you deserve for the negligent act that caused your child’s cerebral palsy. Contact us today to schedule a consultation to discuss your case with you.


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