Portland Cerebral Palsy Attorney
Cerebral palsy can occur due to mistakes made by the medical professionals attending to the patient during labor and delivery. If your child has cerebral palsy because of negligence or medical mistakes, you need a birth injury attorney who is experienced and ready to fight for your child. Contact a Portland cerebral palsy attorney at Paulson Coletti Trial Attorneys PC as soon as possible to see how we can help you.
Portland Cerebral Palsy Resources
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Why Choose Our Law Firm?
What is Cerebral Palsy?
Our Approach: Aggressively Fighting for Victims
Different Types of Cerebral Palsy
Causes of Cerebral Palsy
Proving Causation in a Cerebral Palsy Lawsuit
Statute of Limitations for Oregon Birth Injury Cases
Cost of a Portland Cerebral Palsy Lawyer
Contact an Attorney Today
Why Choose Paulson Coletti Trial Attorneys PC for a Cerebral Palsy Injury?
- Paulson Coletti Trial Attorneys PC will provide you with a team of experienced trial attorneys who are well-versed in handling complicated medical malpractice claims.
- We are keen negotiators and can often convince insurance companies to provide fair settlements through talks and negotiations.
- We are ready to take your case to trial when negotiations do not produce satisfactory results. Our experienced Portland personal injury attorneys and their impressive track records will inspire confidence as we work toward an agreeable settlement for you.
What is Cerebral Palsy?
Cerebral palsy (CP) affects a person’s ability to move, posture, and balance. It is actually a group of disorders. “Cerebral” simply means it involves the brain, and “palsy” is a word that indicates weakness or muscle usage problems.
Cerebral palsy typically occurs because the development of the brain is abnormal or because of brain damage that affects the individual’s capability to control their muscles.
The symptoms of cerebral palsy vary. Some people who have an extreme case of cerebral palsy may require special mobility aids to get around, though some may not walk at all. Others may require lifelong round-the-clock care.
While others may have some trouble with movement but may not require any kind of special services. Cerebral palsy symptoms may change as a person ages, but it does not worsen. Everyone who is dealing with cerebral palsy has issues with movement and with posture. Some may also have the following related issues:
- Intellectual disabilities
- Vision problems
- Hearing issues
- Speech problems
- Joint problems, like contractures
Birth Injury Attorneys: Aggressively Fighting for Victims
Cerebral palsy is a debilitating and serious neurological disorder that can take different forms. Its effects are permanent. The disorder limits mobility and muscle coordination in the body. Although different circumstances can lead to cerebral palsy, a potential cause is birth injury. Many cases emerge from the lack of oxygen reaching the fetus’ brain during labor.
According to the Mayo Clinic, two to four babies out of every thousand will likely generate cerebral palsy. In many cases, doctors can prevent cerebral palsy by properly monitoring and treating both mother and child. If your baby was born with cerebral palsy because of someone else’s mistake, our Portland birth injury attorneys are ready to help.
What Are The Different Types of Cerebral Palsy?
A child’s movement patterns will dictate how their cerebral palsy is classified. The muscle tone and how their bodies move will be key in determining the type of cerebral palsy diagnosis they are given.
Stiff or tight muscles that make moving normally difficult are considered spastic. Spastic cerebral palsy is common among those who have the condition. There are three subcategories that are divided by the affected body parts. Doctors are looking for spasticity, ataxia, and dyskinesia when identifying the type of cerebral palsy the child has.
These types are listed below:
- Spastic diplegia means that the child’s legs are the only affected body part. The spasticity, or tightness of muscles, causes the individual with spastic diplegia to walk with a “scissoring gait.”
- Spastic hemiplegia refers to the individual’s body only being affected on one side. This could mean that the arm and leg on the left side are affected, usually with the most effect on the arm. Spastic hemiplegia can make many behaviors difficult for a person, including: writing, feeding themselves, playing and getting dressed.
- Spastic quadriplegia is the most severe form of cerebral palsy affecting both arms, both legs, the trunk of the body as well as the face. Those with spastic quadriplegia will typically always require a wheelchair and may also have intellectual disabilities.
Dyskinetic Cerebral Palsy
Dyskinetic cerebral palsy affects the movement of arms, hands, legs, and feet. Throughout the day, muscle tone may vary. The muscles can go from flaccid to spastic, meaning limp to tight muscles.
Children who have been diagnosed with dyskinetic cerebral palsy are unable to control their movements. They also move jerkily and are known to experience writhing, quick movements. Basic activities like eating, drinking, and verbally communicating can be difficult for those suffering from dyskinetic cerebral palsy.
Ataxic Cerebral Palsy
When the cerebellum, a part of the brain, is damaged, it can result in ataxic cerebral palsy. The cerebellum is responsible for the regulation of movement signals from all parts of the nervous system so that fluid movements can be produced. When damage occurs, controlling movements like writing, reaching, feeding, mobility, and balance can be affected.
Mixed Cerebral Palsy
Some children have characteristics of two or more types of cerebral palsy. If this is the case, they are not diagnosed with just one category of cerebral palsy. Children with multiple types of cerebral palsy are considered to have mixed cerebral palsy.
Causes of Cerebral Palsy
Many things can lead to cerebral palsy. Although each case is unique, the primary cause is when not enough oxygen reaches the baby’s brain (hypoxia) or body (asphyxia). Many complications such as premature delivery, birth trauma, or mistakes during delivery can lead to the neurological disorder. Because each case is unique, not all instances of a child being born with cerebral palsy signifies medical malpractice. You need experienced birth injury lawyers to decipher your legal rights.
That is not to say that medical malpractice does not lead to cerebral palsy, it does. In fact, too many cases of the disorder are preventable. Some Portland medical malpractice cases include:
- Not detecting maternal infections
- Failing to monitor vital signs of mother and baby
- Not performing a cesarean section in a timely manner
- Mistakes made using instruments such as vacuums or forceps
These forms of inattention and negligence can lead to lasting damage. It is imperative that doctors and physicians properly regulate the health of mother and child: before, during, and after birth. Cerebral palsy can take many forms.
Proving Causation in a Cerebral Palsy Lawsuit
For success in a cerebral palsy lawsuit, you must be able to prove that the doctor’s breach of care resulted in cerebral palsy. The plaintiff has to prove that the doctor made a mistake during labor and delivery that caused the baby to have cerebral palsy.
Listed below are a few other causes of cerebral palsy:
- An infant being roughly mishandled could cause cerebral palsy
- Dropping of an infant can lead to cerebral palsy
- Forceps during delivery, if improperly used, can cause a traumatic brain injury (TBI)
- If the baby was deprived of oxygen, it could result in cerebral palsy
- Failure to identify problems like pinched or twisted umbilical cords
- Too long spent in the birth canal
- Inadequate fetal monitoring
- Neglecting to begin a c-section when necessary or in time to ensure the safety of the mother and child.
Physicians may defend themselves by arguing that some action, condition, or misconduct caused your baby’s cerebral palsy. They could blame it on genetic malformations as well or claim that cerebral palsy was inevitable.
Statute of Limitations for an Oregon Birth Injury Case
From the date the medical malpractice was uncovered, the plaintiff has two years to file a complaint. After five years, no cases can be filed. Meaning medical malpractice may be discovered four years after it occurred but would not have two additional years to file the complaint. It must be filed within the year so that it is filed before the five-year deadline.
An extension might be available if the defendant hid the medical malpractice through deceit or fraud. When that happens, the victim can begin a claim two years after the fraud or negligence was discovered. Your medical malpractice attorney may be able to direct you to other extensions in the cases of the victim being a minor or the victim is incapacitated, so unable to file a claim.
What is the Cost of a Portland Cerebral Palsy Lawyer?
We will evaluate your case to decide if it is right for our firm. After determining if it has merit, we can estimate the damages that may be available for you to recover. We will take that estimate and add to it our fees.
Our fees will be added to the claim amount as “contingency fees,” which we will collect if we succeed.
The bar requires clients to pay the costs related to litigation. But, attorneys are allowed to front their clients the necessary expenses dealing with their case, with the understanding that the expenses will be recovered from the compensation you receive from a successful claim.
Contact a Portland Cerebral Palsy Attorney
The three main types of cerebral palsy are:
- Spastic cerebral palsy
- Athetoid cerebral palsy
- Ataxic cerebral palsy
All three cases cause limitation and difficulty in movement and muscle control. Individuals can also suffer body tremors, muscle stiffness, slurred speech, and more.
Children should be able to run, play, and just be kids. However, if a doctor is negligent in his or her care, the baby can suffer damage that can result in cerebral palsy. This robs the child of the same opportunities that other children have. If your baby has suffered cerebral palsy or another birth injury due to inattention or negligence, you may have a case for compensation. Contact our cerebral palsy and preeclampsia injury attorney in Portland today for a free consultation.