Cerebral palsy is a condition that can change a child’s life forever. Many families face financial challenges and emotional stress when dealing with this diagnosis. Unfortunately, in some cases, cerebral palsy can result from medical negligence during pregnancy, labor, or delivery. 

Families may have legal options to pursue justice and secure financial support when that happens. If you believe your child’s condition is linked to medical malpractice, consulting a Pittsburgh cerebral palsy lawyer can help you understand your rights under Pennsylvania law.

Caring for a child with cerebral palsy often requires substantial resources. From ongoing therapy to special education programs, the costs can quickly add up. Families need to plan for both immediate medical needs and long-term care. 

A skilled law firm can help identify how medical professionals may have failed to provide adequate care and how this contributed to the condition.

Why Choose Pribanic & Pribanic for Your Pittsburgh Cerebral Palsy Claim

Pribanic & Pribanic has a track record of helping families affected by birth injuries like cerebral palsy. Choosing the right representation can make a significant difference in your case. 

Here are just a few reasons families in Pittsburgh and across Western Pennsylvania rely on Pribanic & Pribanic for legal support:

Proven results in birth injury cases

The team at Pribanic & Pribanic has successfully handled many birth injury cases, including those involving cerebral palsy. They understand the legal, medical, and emotional aspects of these cases. 

This experience allows them to approach each case with thorough preparation and dedication to securing positive family outcomes.

Personalized legal support

Pribanic & Pribanic puts clients first. Each case is unique, and their lawyers provide individualized support, ensuring that families feel informed and cared for throughout the legal process. From the initial consultation to post-trial resolutions, they are committed to walking with you every step of the way.

Comprehensive knowledge of pennsylvania law

Cerebral palsy lawsuits often involve complex medical and legal issues. The attorneys at Pribanic & Pribanic deeply understand Pennsylvania laws regarding medical malpractice, negligence, and liability. They know how to apply these laws to secure the compensation you and your child deserve.

Free consultations

Pribanic & Pribanic offers free consultations, which allow families to discuss their concerns and explore options without financial pressure. This allows families to determine whether the firm is the right fit for their case before committing.

Contingency fee basis

Pursuing a lawsuit after a cerebral palsy diagnosis can feel daunting, especially when families are already facing financial burdens. Pribanic & Pribanic works on a contingency fee basis, which means you only pay legal fees if they win your case. 

This payment structure reduces stress and ensures your financial resources are used toward your child’s care.

Causes of Cerebral Palsy Related to Medical Negligence

Cerebral palsy can occur when a baby’s brain is injured before, during, or shortly after birth. While not all cases result from medical negligence, certain preventable factors play a role in many diagnoses. 

Some of the common examples of medical malpractice leading to cerebral palsy include the following:

Failure to monitor fetal distress

Doctors and labor and delivery nurses are responsible for monitoring the baby’s heart rate and oxygen levels during labor. If they fail to act on warning signs, the baby could suffer from oxygen deprivation, which can damage the brain and lead to cerebral palsy.

Improper use of delivery tools

Sometimes, doctors use tools like forceps or vacuum extractors to assist with delivery. While these tools can be helpful in complicated deliveries, improper use may cause physical trauma or brain injury, increasing the risk of cerebral palsy. Medical practitioners must use these tools carefully and follow accepted medical guidelines to avoid harm.

Delayed emergency c-section

When labor complications arise, quick decision-making can prevent harm to both mother and baby. If a doctor fails to perform a timely emergency C-section, the baby may suffer oxygen deprivation or other injuries. 

Delays in recognizing dangerous situations can have life-altering outcomes.

Failure to address maternal conditions

Some maternal infections or medical conditions increase the likelihood of cerebral palsy. Conditions like preeclampsia or untreated infections can harm the baby during pregnancy or delivery. 

Medical professionals have a duty to diagnose and treat these conditions to reduce risks during birth.

Birth trauma

Birth trauma can occur when there are complications such as shoulder dystocia or breech births. Medical staff must be trained and prepared to handle these situations appropriately. 

Failing to follow proper protocols could result in physical injuries that lead to cerebral palsy.

Legal Options for Families in Pittsburgh

Pennsylvania families affected by cerebral palsy can file medical malpractice lawsuits to hold negligent healthcare providers accountable. These lawsuits may compensate for medical expenses, therapy, lost future earnings, and pain and suffering. 

Pennsylvania law requires medical malpractice lawsuits to be filed within two years of discovering the injury. Because cerebral palsy is often diagnosed after birth, the timeline to file a claim can vary. Consulting a Pittsburgh cerebral palsy lawyer soon after diagnosis ensures your case is filed within legal deadlines.

Proving Negligence in Cerebral Palsy Cases

Families must prove four key elements in court to successfully pursue a medical malpractice case. An experienced cerebral palsy attorney will work to gather evidence and build a strong case to show the following factors.

Duty of Care

Healthcare providers are obligated to meet a standard level of care. This duty includes monitoring the baby’s health, recognizing risks, and preventing harm during pregnancy, labor, and delivery.

Breach of Duty

If doctors, nurses, or other medical staff fail to meet the standard of care, they may be held liable. Examples of breaches of duty include misdiagnosing maternal infections, ignoring signs of fetal distress, or improperly using delivery tools.

Causation

It must be shown that the breach of duty directly caused the child’s injury or condition. Medical records, expert witness testimony, and other evidence demonstrate this connection.

Damages

Finally, the family must prove that the child’s condition resulted in specific damages. This includes medical costs, therapy expenses, lost earning potential, or emotional suffering. A lawyer will calculate both current and future damages to secure comprehensive compensation.

Types of Compensation in Cerebral Palsy Cases

Families pursuing a cerebral palsy lawsuit may receive compensation to help cover various costs. These extend beyond medical bills to ensure financial stability for present and future caregiving needs. 

Attorneys consider multiple factors when calculating damages to make sure families are not financially strained. Common areas of compensation include the following elements.

Medical expenses

Long-term medical care is often required for children with cerebral palsy. Compensation for surgery, prescriptions, assistive devices, and routine doctor visits ensures families have the resources necessary to support their child.

Therapy costs

Speech therapy, occupational therapy, and physical therapy are essential for helping children develop important skills and maintain mobility. These costs add up quickly, but compensation can help cover ongoing therapy sessions.

Educational needs

Some children with cerebral palsy require specialized education services, including tutors or accommodations within their schools. Compensation helps ensure access to suitable learning environments.

Pain and suffering

Beyond financial costs, families may also receive damages for the emotional toll and pain caused by medical malpractice. While no amount of money can erase the trauma, compensation can provide families with a sense of justice.

Lost wages

Parents of children with cerebral palsy often need to leave work or reduce their hours to provide care. Financial support for lost wages or earning potential allows families to adjust without additional stress.

The Financial Lifespan of a Cerebral Palsy Settlement

A cerebral palsy settlement can provide families with the financial means to secure care for a child’s lifetime. These funds are often structured to ensure long-term stability and accessibility, addressing both immediate and future needs. 

Knowing how settlements work and how they can be managed is essential for effectively planning a child’s care.

Lump-sum payments

Some settlements provide a lump-sum payment. This one-time disbursement gives families immediate access to funds, allowing them to pay for pressing expenses like medical treatments, therapy, home modifications, or mobility aids. 

This option is straightforward and provides flexibility, but families should consider how to budget the money responsibly to meet ongoing needs.

Structured settlements

Many cerebral palsy settlements are structured settlements. These payments are distributed over time, often monthly or annually. Structured settlements help ensure families have a steady stream of income to cover recurring costs, such as therapy sessions, medications, and caregiving expenses. 

This method also reduces the risk of depleting funds too quickly.

The distribution schedule can be tailored to a family’s specific needs. Payments can increase over time to account for inflation or the growing cost of care as the child ages. 

Trust funds

Families often establish trust funds to manage settlement money. A trust fund protects the settlement from misuse and ensures it is used solely for the child’s benefit. Parents or legal guardians can work with legal and financial professionals to set up a special needs trust.

Special needs trusts are specifically designed to provide for children with disabilities without jeopardizing eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). 

These trusts can cover costs such as medical care, therapy, specialized education, or personal care services.

Annuities

Annuities are another tool for managing settlement funds. These financial products distribute payments at regular intervals over a long period of time. Annuities can complement structured settlements, offering a predictable income stream that families can count on for years to come.

Insurance companies typically manage annuities, ensuring payments are consistent and reliable. This approach gives families peace of mind, knowing that funds will last the child’s lifetime.

Financial Planning for Long-Term Care

The costs of cerebral palsy care often extend far into the future. Long-term planning ensures settlement funds cover expenses as a child transitions into adulthood. Parents may need to consider housing arrangements, employment support, or ongoing medical care.

A well-managed settlement can also support caregivers. If a parent or guardian needs to reduce work hours or leave a job to care for the child, funds can help replace lost income. 

Similarly, settlements may include costs for hiring professional caregivers or respite care services.

Protecting settlement funds

Proper protections ensure the longevity of a cerebral palsy settlement. Families can explore legal safeguards that prevent creditors or lawsuits from claiming settlement money. Financial plans also limit unnecessary risks, focusing on secure investments to maintain the value of the settlement over time.

These protective steps keep the settlement safe and available, ensuring it meets the child’s evolving needs throughout their life. Families can also establish guidelines or restrictions on fund use, ensuring spending aligns with the child’s well-being.

Balancing immediate and future needs

Families facing a cerebral palsy diagnosis must balance current expenses with future plans. Settlement funds play a vital part in meeting these needs. Whether paying for therapy or saving for the future, the structure of a settlement offers stability and flexibility.

Planning how the settlement is allocated ensures the funds will be there when they are most needed. A good financial strategy can create security for both the child and their family, providing support for a lifetime.

Call Pribanic & Pribanic Today for Support

If you believe medical negligence contributed to your child’s cerebral palsy, seeking legal help can be a crucial step forward. A Pittsburgh cerebral palsy lawyer can help you file a claim, gather evidence, and fight for the compensation you deserve. 

Timing is critical, as Pennsylvania law limits how long families must take legal action. The sooner you act, the better your chances of protecting your child’s future. Contact Pribanic & Pribanic today at (412) 281-8844 to schedule a free consultation and learn more about your legal options.