Benefits of an Atlanta Cerebral Palsy Attorney

An Atlanta cerebral palsy lawyer could help a parent by performing a thorough investigation of his or her child’s medical records to determine whether there was medical negligence and provide the records to an expert who could evaluate and determine the cause of the cerebral palsy. The expert would be able to say whether the injury was due to someone’s negligence or whether there were failures in the standard of care that resulted in the cerebral palsy. After that thorough investigation, client-centered lawyers working as a team could file a birth-injury lawsuit and advocate for the family and the child.

Potential Defenses in a Cerebral Palsy Case

Some of the potential defenses in a cerebral palsy case include a defense team arguing that a child’s cerebral palsy was not caused by anyone’s negligence, but by genetics. Wrongdoers may also argue that the child’s cerebral palsy was the result of the mother’s habits or behavior during pregnancy, such as smoking. Defense attorneys also may try to blame other medical providers who are not named in the lawsuit and say it was their fault.

How Victims Could Argue Against a Defense

The primary way victims could argue against those defenses is by focusing on the medical evidence and demonstrating that the cerebral palsy was not caused by anything other than the wrongdoer’s negligence. Expert witness testimony could also be used to demonstrate that the cause of the cerebral palsy was in fact a result of a wrongdoer’s negligence.

Types of Evidence in Cerebral Palsy Cases

Evidence that could be used for cerebral palsy cases includes medical records from the date of birth through the period in which the child began showing signs of cerebral palsy. Medical tests and test results could help diagnose cerebral palsy, such as an MRI of the brain that shows the brain was damaged and how that links to cerebral palsy. A team of caring attorneys could provide witness testimony as to what was happening around the time of birth that suggests the cause and expert witness testimony about the cause of the cerebral palsy and how it resulted from a breach of the standard of care. For more accurate results and a leg-up in court, victims need the help of an attorney who could work with an in-house doctor for accurate medical results.

How Atlanta Cerebral Palsy Lawyers Might Substantiate a Doctor Knew of a Child’s Potential to Develop Cerebral Palsy

A lawyer could prove a doctor knew the child had the potential of developing cerebral palsy, but ignored the signs, by performing a thorough investigation of the facts of the case, including what the parents say happened during the birthing or delivery process. Attorneys could also obtain and thoroughly investigate the medical records to see when the signs or symptoms of cerebral palsy were present and were simply ignored by the provider.

Prescription Medicine and Cerebral Palsy Cases

If a mother used prescription drugs during pregnancy and was not told she should not, that certainly could be grounds for a case if the medicines were known in the medical community to be likely to cause cerebral palsy or cause that type of injury.

How an Attorney Could Help

The benefits of an Atlanta cerebral palsy attorney are numerous. A team of attorneys could help in a case like that by consulting with medical experts who know what type of medications have been shown to cause cerebral palsy and what the standard of care is with respect to discontinuing them during pregnancy. Experts could also attest to when that should happen, how it should be communicated to the patient, and how it should be verified by the physician. With the help of up-to-date courtroom technology, an attorney could present an expert’s findings to the jury in an easy to understand manner.

The advantages of hiring a cerebral palsy lawyer include getting expert advice on whether victims have a valid claim and having someone who has experience in prosecuting those types of claims and gathering the necessary evidence. Time is of the essence for birth injury cases. Parents of victims only have until the child is seven to file a claim. While that may seem like a substantial amount of time, it is critical to start as early as possible. Reach out to a team of client-centered attorneys directly for a free case review. Attorneys are waiting to speak with you and take calls after hours.

Warshauer Law Group is committed to the health and safety of our clients and community. Please see this post for information related to our WLG COVID-19 Protocol.
Please see this post for information on Chief Justice Melton’s latest extension of the Statewide Judicial Emergency and how it impacts your case.