Athetoid cerebral palsy is a form of cerebral palsy that may be caused by damage to a developing infant's brain during labor. About 10% of children with cerebral palsy suffer from this type. The type of cerebral palsy from which your child suffers depends on which part of the brain was damaged. With athetoid cerebral palsy, the areas affected are the basal ganglia, which control voluntary movement, and the cerebellum, which regulates coordination and precision of movement. If your child suffers from athetoid cerebral palsy, and you suspect that it may be a result of medical malpractice, you should seek guidance from the Baltimore cerebral palsy lawyers at Lebowitz & Mzhen, LLC.Holding a Health Care Provider Accountable for Athetoid Cerebral Palsy
When children have athetoid cerebral palsy, they move between hypotonia (very low muscle tone) and hypertonia (very high muscle tone). The former state results in a certain amount of floppiness in the muscles, while the latter results in stiff muscles. Often, people with athetoid cerebral palsy have difficulty with their posture and face challenges controlling movements in their legs, feet, arms, and hands. This results in difficulty walking, holding objects, performing basic self care skills, and swallowing. Seizures and behavioral disorders may accompany athetoid cerebral palsy as a result of a birth injury. The symptoms of athetoid cerebral palsy are based on whether both the cerebellum and the basal ganglia were harmed.
A parent may notice the signs of athetoid cerebral palsy by nine months if the baby is not meeting certain developmental milestones, such as rolling over, sitting up, or grasping at objects. The child may not kick their legs or may seem limp. At around three months, a child with athetoid cerebral palsy may not even hold up their head as other babies do and may not smile.
In Maryland, the statute of limitations for a birth injury case will often expire for the child when the child turns 14 years old. The statute of limitations for the parents’ financial responsibilities of raising the child until the child’s 18th birthday will often expire on the child’s third birthday. The rules around this issue are complex, and there are many exceptions to the basic rule, so you should consult an experienced birth injury attorney as soon as you discover that your child has cerebral palsy, and you believe that it might be a result of a health care provider's actions, omissions, or carelessness.
In order to establish your case, we will need to show that the defendant failed to meet the standard of care, and this failure resulted in athetoid cerebral palsy. For example, if a nurse or doctor ignored fetal monitoring strips that showed that oxygen was not getting to the baby, this is likely to be a breach of the standard of care.
The standard of care in medical malpractice cases is established through expert reports and testimony. Within 90 days of filing a complaint or statement of claim, we must file an expert's statement that explains the standard of care, states that your doctor's care violated the standard of care, and describes why this was the proximate cause of your child's athetoid cerebral palsy.
Often, birth injury cases become a battle of experts. We understand how crucial it is for us to retain credible experts who understand the conduct of health care providers that may lead to athetoid cerebral palsy and the damages that are likely to be suffered over the period of a child's lifetime.
Compensation that you may be able to recover in a lawsuit includes noneconomic and economic items of damages like medical costs, nursing services, lost wages, pain and suffering, and mental anguish. Each child is different, and the needs for raising a child with athetoid cerebral palsy may vary among families, but it is important to work with an attorney who understands the particular challenges that are likely to be faced through the course of a lifetime and how to establish them in a courtroom.Discuss Your Case with a Cerebral Palsy Lawyer in Baltimore
If your child was diagnosed with athetoid cerebral palsy, you may need to bring a lawsuit to make sure that your child has the resources to reach their full potential. At Lebowitz & Mzhen, LLC, our Baltimore cerebral palsy attorneys understand the significant challenges faced by children and families dealing with cerebral palsy in Maryland and Washington, D.C. We do not recover any fees or expenses unless we obtain a judgment or settlement in your favor. Call us at 1-800-654-1949 or 410-654-3600, or contact us online to set up a free consultation with a birth injury attorney.