Cerebral Palsy: Legal Options for Maryland Families

Every year, three out of every 1000 babies in the U.S. are born with cerebral palsy. Cerebral palsy, also known as CP, is a neurological condition that affects the brain’s ability to control muscles and movement. Cerebral palsy complications can range from mild muscle stiffness to complete inability to move or speak without assistance. 

If your child’s cerebral palsy was caused by medical malpractice, you may have a legal claim. This article explores the causes of cerebral palsy and the role that doctors and other medical professionals can play in addressing them. It also explains how a Laurel birth injury attorney can help. 

How Cerebral Palsy Is Caused 

Cerebral palsy happens when the brain doesn’t form properly before birth or is damaged during or after birth. 

Before Birth

Prenatal (before birth) causes of cerebral palsy include 

• Genetic abnormalities,
• Fetal strokes,
• Maternal infections or exposure to certain toxins, and
• Placental abruption. 

A doctor’s failure to address factors that could lead to cerebral palsy or to diagnose cerebral palsy in a fetus could support a lawsuit. 

During Birth

Two factors usually play a role in cerebral palsy that occurs during birth. The first is a lack of oxygen to the fetus’s brain. Doctors and other medical providers can contribute to this result when they 

• Fail to properly monitor fetal heart rate and other vital signs, 
• Refuse to perform an emergency C-section,
• Ignore signs of fetal distress such as an abnormal fetal heart rate, or 
• Disregard conditions (such as a prolapsed umbilical cord) that could deprive the fetus of oxygen. 

The second factor is the improper use of tools such as forceps and vacuum extractors. These tools are commonly used to help stuck babies exit the birth canal. However, if used incorrectly, they can injure the brain or skull, leading to cerebral palsy. 

After Birth

Newborns can develop cerebral palsy shortly after birth. Infections like meningitis and neonatal strokes are common causes. A doctor who fails to properly diagnose or treat these conditions could contribute to the development of cerebral palsy. 

Bottom line: Whether your child’s cerebral palsy occurs before, during, or after birth, there may be a legal claim. 

Legal Issues That Apply in Maryland Cerebral Palsy Cases

In Maryland, cases involving cerebral palsy raise complicated legal issues. 

Parents of children with cerebral palsy who believe that a doctor’s actions (or inactions) may have contributed to their children’s condition can pursue claims under Maryland’s Health Care Malpractice Claims Act. You’ll need to give the name of the doctor, hospital, or other medical staff involved, how they failed to apply proper medical standards, and how much money you are seeking in damages. (Damages are money that courts award to injured people or families to address injuries.) 

If your claim is for less than $30,000, you (and your Laurel personal injury lawyer) can take your case directly to the local district court. If your complaint seeks more than $30,000, the process is more complex. 

In Maryland, all malpractice claims worth more than $30,000 must be filed with the Maryland Health Care Alternative Dispute Resolution Office (HCADRO) before being heard by a court. Within 90 days of this filing, you’ll need to give the HCADRO a “Certificate of Qualified Expert” and the expert’s report. You’ll have to prove that your expert meets the stated qualifications. The expert’s report must outline how the medical team’s errors caused your child’s injury. 

At this point, the case moves to arbitration. In arbitration, each side presents its evidence to a neutral panel. Then, the panel determines whether the doctor was at fault. If they were, the panel would recommend a specific amount of damages. However, these recommendations are not binding unless all parties agree. A party that is not happy with the recommendation can appeal to the circuit court. 

If your case succeeds at HCADRO or at court, you’ll be entitled to damages. Common damages in cerebral palsy cases include funds for 

• Medical bills (past and future),
• Medical equipment, 
• Mobility devices, 
• Home modifications, 
• Lost future earning capacity, and
• Special education costs. 

You and your child may also be eligible to receive damages for non-economic harms such as emotional distress, pain and suffering, and reduced quality of life. However, Maryland strictly limits these damages. Your Laurel cerebral palsy attorney can provide you with more information. 

How Can a Lawyer Help Me in a Cerebral Palsy Malpractice Case? 

Medical malpractice claims involving cerebral palsy raise complex legal issues. Fortunately, an experienced Waldorf personal injury attorney can help you. Your attorney can: 

• Acquire relevant medical records, 
• Locate a Qualified Expert, 
• Help you file your claim in the right location (HCADRO vs. court), 
• Represent you in court or at arbitration, 
• Negotiate a fair settlement with any insurance companies, doctors, or hospitals, 
• Prepare a winning trial strategy, if necessary. 

If you believe that your child’s cerebral palsy was caused by a medical professional’s carelessness, contact The Law Offices of Thomas E. Pyles, P.A. We pride ourselves on providing the highest level of service and the best possible results in even the most complex cases. If you require representation, please contact us using our online form or call 301-705-5006.