Cerebral palsy often occurs as the result of unavoidable brain damage during infancy or early childhood. However, some cerebral palsy cases may occur as the result of negligent or inappropriate care during pregnancy or childbirth. In many cases, these cases are avoidable.
Suppose you believe you have experienced subpar medical care that resulted in your child’s cerebral palsy diagnosis. In this instance, you may be entitled to compensation. Fortunately, a Miami Beach cerebral palsy lawyer can help. Contact Elstein Legal today for a free case consultation.
What Is Cerebral Palsy?
Cerebral palsy is the most common motor disability in children. Specifically, this condition affects one’s ability to move and maintain balance and posture. For this reason, many people who suffer from the effects of cerebral palsy may require the aid of crutches or a wheelchair to get around. While not every case of cerebral palsy results from poor medical practices, there are often cases that may have been avoidable.
Examples of Poor Medical Practices Leading to Cerebral Palsy
Cerebral palsy can occur due to a variety of poor medical practices—many of which occur during birth. The following are examples of poor medical practices that may result in diagnosis of cerebral palsy:
- Failure to ensure that proper amounts of oxygen reach the baby during birth
- Failure to order a C-section when necessary
- Failure to order and properly read necessary tests during pregnancy
- Failure to recognize issues with the umbilical cord being wrapped around the baby
- Inability or failure to recognize changes in the condition of the mother during birth or pregnancy
- Incorrect use of forceps
- Unnecessarily long labor
If you believe you or your child were subjected to any of the issues listed above, contact Elstein Legal. Our experienced team will review your situation to determine if you have grounds to file a cerebral palsy lawsuit.
Who Can File a Cerebral Palsy Lawsuit in Miami Beach?
Anyone who believes their child’s cerebral palsy diagnosis is the direct result of poor medical practices or negligence on behalf of a medical provider may file a cerebral palsy lawsuit in Miami Beach.
In Miami Beach, it is crucial to recognize the Standard of Care that is expected. The Standard of Care is defined as the acceptable level of care and treatment that should be provided compared to similar health care providers. In other words, the care you and your child receive should meet the standard of the care received by other patients throughout Miami Beach—regardless of the medical provider you use.
Can I File a Cerebral Palsy Lawsuit in Miami Beach?
All too often, congenital disabilities and developmental issues get swept under the rug. This is especially true when it comes to cerebral palsy cases. If you believe your child’s cerebral palsy diagnosis could be the result of medical negligence or recklessness, you may be entitled to compensation.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
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