Cerebral palsy birth injuries are not always or even most of the time related to medical malpractice. However, even one case of medical negligence leading to cerebral palsy is too many. One instance is not just a statistic. It is a child and a family irreparably harmed.
Many Possible Links in the Chain of Medical Care
These providers include a host of possible culprits from doctors, nurses, physicians’ assistants, midwives to many possible providers in the course of care. The negligence is often overlapping and cumulative.
The existence of medical malpractice must first be determined which is not as easy as one might think. From there, it is then necessary to determine who all was negligent in the line of care of the mother and child.
Review by Medical Expert is Absolutely Essential
All medical malpractice claims, including cerebral palsy claims, require an expert medical review. Without one, the case does not get out of the gate.
Without an expert review and the proper experts willing to testify in court, the case gets dismissed summarily by the court by the defendants’ Motion for Summary Judgment. It cannot be stressed enough how important experts are in these cases.
Most often due to the expense of obtaining an expert, the medical records review will begin with an attorney who can both conduct the initial review of the records and then if merited identify appropriate and credible experts for a more extensive review of the records.
Collins & Collins, P.C. advances the costs of experts recovering those costs out of any judgement or settlement. We can be reached at (505) 242-5958.
Catastrophic Harm to Child and Family
There will a lifetime of physical, mental and financial harm to the child and the family
In fact, the medical expense alone over the course of lifetime will typically be in the millions and in the high millions in case of very serious cases. These are determined based upon a review of the medical records with both medical experts and economists. They will help to create a life-care plan that will insure that the child is properly cared over a life-time of treatment, rehabilitation, physical therapy, speech therapy, mental health services and the list goes on.
The future medical and related costs will constitute the bulk of financial damages. However, in many cases there can be other financial consequences as well such lost earnings due to the need of the parent(s) to provide care to the child. All told, the financial harm can be enormous and the negligent medical providers and hospitals should bear the financial responsibility of the harm that they have caused, not an innocent child and family.
Step #1: Obtain the Medical Records
Get ALL Medical Records
It is best to obtain the records yourself due to the reduced delay and expense. However, there are times when it can be very difficult and expensive to obtain them.
Seek the Guidance of an Experienced Medical Malpractice Attorney
CP is extraordinarily difficult for a family. An experienced attorney can shoulder the legal aspects so the family can focus on more important things.
Free Case Review
Collins & Collins, P.C. provides a free review of those cases arising out of care provided in New Mexico. If the injuries appear to be the result of medical malpractice, we then send the records to a medical expert at no costs to you. Our fees and costs are paid out of any settlement or judgement.
Beware of important deadlines. There can be different deadlines for the parents’ and the child’s claims.
More importantly, the extension of deadlines for the child’s claims do not apply to the personal injury claims of the parents who are bound by the standard guidelines applying to medical malpractice claims. Even these will vary again depending upon the nature of the medical provider; private, CHP, governmental or free.
It is critically important that you understand all the possible deadlines that might apply to the case. The best way to do this is to contact an attorney. Collins & Collins, P.C. can be reached (505) 242-5958.