Phoenix Birth Injury Lawyer
Cerebral palsy can cause many challenges for children and adults living with the condition. In some cases, it is preventable and occurs because of medical negligence and birth injuries. If you believe a doctor’s medical malpractice caused your child’s cerebral palsy or other injuries, our team can assess your case for free. A Phoenix birth injury cerebral palsy lawyer from our team can secure compensation for families living with preventable birth injuries.
At Gallagher & Kennedy, our team of birth injury attorneys represents families facing years of treatment, therapy, and possible limitations related to cerebral palsy. Contact us today to discuss your case and options with our team. We help families like yours secure justice.
Our Attorneys Represent Families Living With Cerebral Palsy Birth Injuries
At Gallagher & Kennedy, we believe families should focus on their children’s milestones—not paying bills and covering care costs. When these expenses occur because of a preventable birth injury, we believe these families deserve justice and compensation.
We help clients seek compensation to support their child’s medical care and get the necessary equipment and therapies to thrive. When we represent a family, their child’s quality of life is at the forefront. We treat every case like it’s the most important case of our career because we know it’s important to you.
What You Can Expect From Our Birth Injury Team in Phoenix
When we handle a cerebral palsy case, you can count on us to:
- Protect your rights and seek fair compensation based on your expenses
- Pursue damages from those legally responsible for your child’s condition
- Answer your questions and provide updates as needed
- Build a strong case to show what happened
- Work with experts to understand your child’s current and future needs
We also represent our clients based on contingency. We know how important every dollar in your account can be when trying to cover your child’s medications, therapies, and other care needs. Our attorney’s fees shouldn’t be among your financial concerns.
We only charge attorney’s fees after securing a verdict or settlement. If you do not get paid, neither do we. You can learn more during your free initial consultation with our team.
Determining Who Is Liable for a Phoenix Cerebral Palsy Birth Injury
Our birth injury lawyers know what it takes to recover compensation for your child’s cerebral palsy diagnosis, symptoms, and treatment. Liability in a birth injury case depends on the cause of the child’s injuries.
When it comes to cerebral palsy, some parents do not know the cause of their child’s injuries. This could require us to call on experts, who are commonly involved in birth injury cases anyway. A doctor or specialist who reviews your child’s medical records can share how negligence led to their condition.
Often, though, parents already have an idea of what happened. For example, imagine there were issues during delivery, and the child became stuck in the birth canal. The doctor delayed action, failing to perform recommended procedures or call for a surgical birth when initially indicated. In situations like this, we can determine who should pay for an injured claimant’s losses.
Depending on the circumstances, liable parties could include:
- A physician
- A nurse or another trained medical professional
- A surgeon or specialist
- The hospital, doctor’s practice, or birthing center
- A medical product manufacturer
In some cases, we build cases against more than one party. We can explain your options if more than one party bears liability for your injury-related losses.
We Prove Negligence in Your Birth Injury Case
Birth injury cases require us to prove negligence.
Proving negligence requires showing:
- Duty of care. All healthcare providers have a duty of care toward their patients. This means they must provide the best possible care.
- Breach of duty. This is when a healthcare provider fails to render their field’s appropriate standard of care. For instance, a doctor who fails to monitor signs of fetal distress breaches their duty of care.
- Causation. The medical error caused your child’s condition.
- Damages. You have medical bills and other related expenses due to the cerebral palsy diagnosis.
When we represent families in a cerebral palsy birth injury case, the burden of proof is on us. That means we must furnish evidence showing that your child suffered harm, and you have various losses. Evidence in your case could include statements from field professionals, your damages’ receipts, and other related information.
We Aim to Recover Compensation for Your Injury-Related Expenses
There are two ways we could recover money for your losses. We can:
- Negotiate a settlement with the doctor or hospital’s insurance provider
- Receive a verdict and award in a jury trial
There is a limited time to sue in medical malpractice cases. Under state law, most people have a two-year deadline. The deadline begins from the date of your child’s birth or when they received the cerebral palsy diagnosis. Our team can determine the deadline that applies to your case when you connect with us.
Recoverable Damages in a Phoenix Birth Injury Case
At Gallagher & Kennedy, we understand how important compensation can be for families whose children are living with cerebral palsy. Getting the right care and support for your child today could affect their prognosis, abilities, and future independence tomorrow. It can also provide financial stability for your family if your child requires life-long care and support.
A financial award could recover compensation for:
- Healthcare costs. Your child may require assistive devices, in-home help, and medically necessary treatments. These costs could extend well into your child’s life.
- Lost income. You may have to quit your job to care for your child full-time. If so, we can seek the cost of lost income, commissions, bonuses, and other earnings.
- Loss of future earning capacity. You may never return to the workforce because of your child’s condition. You may leave your current job for one that involves fewer hours. If the birth injury affected your earning power, our lawyers can seek this loss in your claim or lawsuit.
- In-home modifications. Your home may not be handicap accessible. Your child may need wheelchair ramps, wider doors, or other accommodations to live comfortably.
- Out-of-pocket costs. You may have many expenses specific to your child’s condition. For instance, they may need motorized scooters or tailor-made clothing. We can evaluate these losses and pursue them accordingly.
- Non-economic damages. Non-economic damages account for the physical and emotional turmoil of living with cerebral palsy. Examples include pain and suffering, inconvenience, and emotional distress.
How Much Could I Recover for My Injury-Related Losses?
Each cerebral palsy case comes with its own circumstances. Some children can regain full mobility with physical therapy and other medical interventions. They go on to have families and careers. Others require life-long care and accommodation’s that last for years. With this information in mind, there’s no standard value for cerebral palsy claims.
We aim to recover everything you need to give your child the best possible life. When calculating your losses, we consider your child’s physical and emotional well-being. We also consider expenses they may incur years into the future. We want to secure every dollar you’re owed.
Frequently Asked Questions About Cerebral Palsy Cases
You likely have many questions in the aftermath of your child’s diagnosis. We aim to answer all of them. Some commonly asked questions we get comprise:
What Outcomes Have We Secured for Injured Claimants?
Birth injury cases are medical malpractice cases—and we’ve recovered millions for medical malpractice claimants.
Some of these outcomes include:
- $5 million after our client’s son passed away following neglect in a healthcare facility
- $3 million after our client suffered mismanaged medical care
- $2 million after our client suffered surgical negligence
These are just some of the outcomes we’ve secured for people in situations like yours.
We know how to hold negligent healthcare providers accountable for their actions.
What Can I Expect From Partnering With Gallagher & Kennedy?
When you partner with our injury team, you can expect:
- Reliable communication. We make ourselves available to answer your questions. We also keep you updated on your case’s progression, so you’re never in the dark about your options.
- A free case review. Have questions about your legal options? We offer free case reviews where we can discuss your situation in more detail. There is no obligation to partner with us when you call; we only want to put your mind at ease.
- Advocacy that comes with experience. Our team has more than 210 years of collective legal experience, and we handle some of the biggest cases unfolding in the country right now. Our team wants to seek what you need to account for your past, present, and future needs.
What Should I Do Now?
Right now, we want you to focus on your child’s well-being and milestones. In the meantime, we can manage everything your birth injury claim requires. If you want to support your birth injury case, we suggest keeping everything related to your child’s care. We can use this information later when negotiating with the liable insurance company.
What Challenges Could I Face in a Cerebral Palsy Birth Injury Claim?
There are countless challenges you could face after filing your claim. For instance, many healthcare providers don’t want to admit they made a mistake. They may risk legal penalties or even lose their right to practice medicine. So, the negligent party in your case could throw up many roadblocks in seeking what you need.
Another challenge may rest with proving the medical error in question caused your child’s condition. The healthcare provider may allege that the condition was genetic, and complications during labor and delivery didn’t play a role. We refute these allegations using evidence. By consulting with third-party healthcare providers and other specialists, we can build a case that seeks to recover what you need.
How Serious Does My Child’s Condition Have to Be to Seek Damages?
Cerebral palsy affects each child differently. Our lawyers intend to seek damages that reflect your child’s condition, including their mobility, speech, and cognitive processing. A settlement or court award could provide the funds you need to give your child the best possible life.
How Preventable Birth Injuries Can Cause Cerebral Palsy
Children with cerebral palsy often struggle with movement, balance, and posture. Some children have intellectual deficits, as well. Many do not. The severity of a child’s condition depends greatly on their circumstances and can vary widely. Some children lead relatively normal lives with few ongoing concerns, while others require round-the-clock care and cannot live independently.
While many cases of cerebral palsy are not preventable, others occur because of medical malpractice and other careless mistakes during pregnancy, delivery, or the neonatal period.
An error could include:
- An unrecognized maternal infection
- A traumatic head injury during delivery or shortly after
- A loss of oxygen or blood flow to the baby’s brain during delivery
- An undiscovered brain bleed in the womb, during delivery, or afterward
- Undiagnosed infections in the infant
Depending on the circumstances, any of these causes could support a medical malpractice claim against the doctor, other medical staff, or the facility where the mother and child received care. Our attorneys can assess your case and determine your options.
Discuss Your Legal Options With Our Birth Injury Cerebral Palsy Team
Robert W. Boatman, Phoenix Birth Injury Attorney
At Gallagher & Kennedy, our birth injury lawyers understand the causes of cerebral palsy, how to identify the responsible parties, and how important it is for your family to recover compensation. We know how devastating this diagnosis can be and why you must hold the doctor and/or facility legally responsible. Let us review the facts of your case for free today.
Contact us now by dialing (602) 530-8400. We have someone available to take your call and answer your questions now.
Client Testimonial
“I wholeheartedly recommend Gallagher and Kennedy. I had the privilege of working with Shannon Clark and was impressed by his professionalism, kindness, honesty and integrity. I cant recommend him highly enough.” – Rachel Irvine ⭐⭐⭐⭐⭐
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Galleger & Kennedy – Phoenix Office
2575 E Camelback Rd, Suite 1100
Phoenix, AZ 85016
Tel: (602) 530-8400