Cerebral Palsy Attorney in New Haven, CT

Hypoxic ischemic encephalopathy (HIE) occurs in one to three of every 100 births in developed countries. It’s a type of brain damage that occurs because of oxygen deprivation and can lead to severe consequences that impact a child’s life, like the development of cerebral palsy.

Often, cases of HIE occur because of medical malpractice. If medical professionals don’t monitor the baby before and during birth, oxygen deprivation that lasts long enough to cause brain damage can occur.

If your child experienced HIE or has developed cerebral palsy, you could be entitled to compensation. Turn to a cerebral palsy attorney in New Haven, CT, by contacting us at Kennedy, Johnson, Schwab & Roberge.

HIE and Cerebral Palsy: Causes and Consequences

Babies who experience a lack of oxygen to the brain during birth can develop HIE. An infant’s brain and body can withstand a short period of oxygen loss during birth, but if it goes on for too long, asphyxiation will cause permanent damage.

Although there are some natural reasons why HIE could occur, like the abnormal development of the baby’s heart and lungs, too often, it’s the result of medical malpractice.

A medical professional who doesn’t correctly monitor fetal heart rate or respond quickly or appropriately to fetal distress can cause the baby to experience asphyxia. Other things that can lead to HIE include medical professionals failing to:

  • Correctly manage issues with the placenta, umbilical cord, or uterus
  • Take sufficient precautions for a high-risk pregnancy
  • Take the necessary steps to resolve issues with fetal presentation

Cerebral palsy is one of the serious potential consequences of HIE. It is a group of disorders that affects your child’s ability to move their muscles as well as their ability to balance. About one in 345 children has cerebral palsy in the United States.

Some forms of cerebral palsy are milder than others, with children being able to live independently. Severe cerebral palsy, however, can lead to intellectual disabilities, the development of epilepsy, problems with vision or hearing, and more.

There will always be signs of HIE, though their severity will depend on the area of the brain that suffered damage. Some of the signs you may see in your baby include:

  • Seizures
  • Low Apgar score
  • Breathing problems
  • Increased or decreased muscle tone
  • Abnormal reflexes
  • Pale or blue skin color at birth

Some babies will even require to be resuscitated at birth because of the severity of the oxygen deprivation.

It’s crucial that you turn to a lawyer for cerebral palsy and HIE as soon as possible. Contact Kennedy, Johnson, Schwab & Roberge.

How a HIE Lawyer Can Help

When you turn to an HIE and cerebral palsy attorney in New Haven, CT, you have the chance to get a fair assessment of your claim. We’ll take a look at all the evidence and listen to your experience to see if we can offer the help you need.

A lawyer with experience in HIE will then begin gathering as much information as possible to prove your claim. This includes speaking with expert witnesses who can offer testimony that helps substantiate your case.

One of the most crucial aspects of what we do for clients who are dealing with a cerebral palsy claim is to negotiate for them. Dealing with insurance companies is the last thing you want to do when your child is suffering, so we can take care of this for you. We know what your rights are and will work hard to help you get compensation.

If we feel the negotiation process has stalled, we can also file a cerebral palsy lawsuit and take your case to court. That is not something you ever want to do on your own.

Understanding Compensation

When you file an HIE or cerebral palsy claim, you have the chance to get compensation for the losses you’ve sustained because of medical malpractice. The compensatory damages you can claim are divided into two main categories — economic and non-economic damages.

Economic damages are those that compensate you for monetary losses you’ve suffered. Medical expenses fit into this category. These expenses can include hospital bills, medications, therapy, and any changes you need to make to your home to accommodate your child’s health issues.

Because HIE and cerebral palsy can mean serious consequences that could be long-term, medical expenses should cover the cost of future care.

You can also claim non-economic damages like pain and suffering. If your child will not be able to lead the life they could have otherwise led or if they will be dealing with disabilities because of medical malpractice, you should be able to get compensation for this.

By turning to a lawyer for cerebral palsy in New Haven, CT, you can get the guidance you need to ask for the compensation you deserve. Contact us today to speak with one of our attorneys.

How it Works

Contingency Fees

At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Cerebral Palsy cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today. Contact us online or call our New Haven law firm directly at 203-865-8430.


Cerebral Palsy FAQs

How Does Cerebral Palsy Affect a Person’s Daily Life?

Cerebral palsy is a serious brain condition that leads to lifelong physical disabilities of varying degrees. It can affect a person’s posture, their ability to move, how they balance, and so much more.

The severity and the exact effects it will have on your child depend on the part of the brain that is affected. Some children experience issues with both arms and legs as well as facial muscles, while others struggle to move just one side of their body. Some children have little trouble moving their arms but can’t move their legs at all.

Pain can be a concern, as well, arising from posture issues and even scoliosis connected to cerebral palsy. This could make it difficult for children to participate in everyday tasks, like going to school.

Children with cerebral palsy sometimes struggle with saliva control or opening and closing their mouths enough to eat. They can also experience intellectual disabilities, making it harder to learn.

Cerebral palsy can impact a person’s entire life, many times robbing them of the full experiences they might have otherwise had.

What Type of Negligence Can Lead to HIE and Cerebral Palsy?

Many times, HIE and cerebral palsy result from failures to provide adequate care before and during birth.

A medical professional who doesn’t closely monitor a baby’s heart rate, for example, might not notice if the umbilical cord is wrapped around the baby’s neck, cutting off oxygen.

Doctors have to monitor the baby’s growth during development to ensure that everything is in order, and they have to be ready to act quickly if issues arise during birth. A doctor who doesn’t do this is negligent.

When you turn to us at Kennedy, Johnson, Schwab & Roberge, we will thoroughly investigate to understand what happened so we can hold those at fault responsible.

Do I Have to Have a Cerebral Palsy Lawyer to File a Claim?

Although it’s not a requirement to have a lawyer representing you, the truth is that it can be much harder to win these kinds of claims if you’re on your own. Even if you do win a settlement, it can be lower than what you might get with a lawyer.

When you work with an attorney who has experience in these kinds of cases, you’re getting access to expert witnesses as well as the knowledge of what strategies have worked in the past.

A lawyer will also know how to negotiate with insurance companies more effectively. We’ll know exactly who could be held responsible. It’s not always just the medical professional who could be found negligent.

Finally, we also know about the various deadlines this type of claim faces. We ensure you don’t miss the statute of limitations and void your claim.

Choose Kennedy, Johnson, Schwab & Roberge in New Haven, CT

You and your child deserve help after suffering a brain injury like HIE or cerebral palsy. When you turn to Kennedy, Johnson, Schwab & Roberge, you have lawyers on your side who have 30 years of experience helping people in Connecticut who’ve suffered injuries because of someone else's negligence.

Contact us at Kennedy, Johnson, Schwab & Roberge to schedule a free consultation.

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