Hypoxic-Ischemic Encephalopathy (HIE) and Cerebral Palsy Attorneys in West Hartford, CT

Cerebral palsy is the most common motor disability in childhood, with one in 345 American children having been diagnosed with the condition. Although cerebral palsy isn’t always the result of malpractice, one of its most common causes is hypoxic-ischemic encephalopathy (HIE), and that does often occur from medical negligence. 

If your child has a cerebral palsy diagnosis and experienced HIE at birth, it can be possible to get compensation for what you and your child have suffered. At Kennedy Johnson Schwab & Roberge, our cerebral palsy lawyers are ready to offer guidance and compassionate representation. Contact us today. 

What Is Cerebral Palsy? Symptoms and Causes

Cerebral palsy refers to a group of disorders that affect a person’s ability to move and maintain balance and posture. It’s a neurological condition that occurs because of damage to the brain during fetal development. 

The symptoms can vary from person to person, but some common signs of cerebral palsy in a baby include:

  • Frequent irritability
  • Abnormally large or small head
  • Lack of muscle tone
  • Lack of interaction with the world around them
  • Delayed development 

In many instances, cerebral palsy is the result of a hypoxic brain injury at birth. But what is HIE? HIE refers to brain damage that happens because of oxygen deprivation. It can occur in the weeks leading up to birth or during labor and delivery. 

HIE most commonly occurs in full-term babies, but it can happen in premature ones, too. Brain damage can result in a variety of disabilities, depending on the area of the brain that was deprived of oxygen. 

The mildest cases of HIE can even go undetected for a while, but the babies can present with poor feeding, slightly increased muscle tone, and excessive crying. In more severe cases of an HIE brain injury, children can exhibit signs like dilated pupils, irregular breathing, and no reaction to stimuli. 

Understanding Medical Malpractice Laws in Connecticut

Do you have a child who’s received an HIE diagnosis and is dealing with cerebral palsy because of the negligent actions of a medical professional? If so, turn to cerebral palsy lawyers for help with a medical malpractice claim. 

Medical malpractice claims in Connecticut can be brought by an injured patient or their family against any licensed healthcare provider, including nurses, medical doctors, physical therapists, and more. The claim can be based on negligence, errors or omissions, and misconduct. The burden of proving that this medical professional behaved negligently falls on you. 

You must first show that the person owed you a duty of care. If they’re a licensed healthcare provider, they are responsible for keeping patients as safe as reasonably possible. Any action that risks the life of the child or mother is a breach of that duty. You’ll then need to prove that the defendant’s actions led to the injuries your child suffered and that those injuries can be compensated. 

Keep in mind that you generally have a statute of limitations of two years to contend with. In some instances, you may even have less time than that. And unlike in other states, Connecticut doesn’t have a separate statute of limitations provision if the victim is a child, so reaching out to a cerebral palsy attorney in West Hartford, CT, quickly is essential.

Why You Need a Cerebral Palsy Lawyer in West Hartford, CT

You never want to deal with a medical malpractice civil lawsuit on your own. Medical professionals tend to have a team of experienced lawyers ready to do anything possible to get you to either drop your claim or accept a low settlement. 

When you turn to a lawyer for help, you don’t have to worry about the actual negotiation process. We’ll handle the other party’s lawyers so that you can focus on offering your child the care and support they need. 

By relying on the team at Kennedy Johnson Schwab & Roberge, you have the chance to get a full assessment of your claim. This will provide us with a clear idea of everything that occurred so that we can begin strategizing. 

We’ll also gather the necessary evidence to prove your claim. We have experience with medical malpractice lawsuits, so we know what pieces of information can make a difference. And because we have contacts with expert witnesses, including medical professionals, we can also gather testimony to help your case. 

Most of the claims we deal with are settled out of court, but if we don’t think you’re getting the compensation you and your child deserve, it’s possible to take the case to trial. When this step becomes necessary, you need to have people with litigation experience helping you. 

What Compensation Is Available in a Medical Malpractice Claim?

Each claim is unique. However, you have the chance to receive economic and non-economic damages in Connecticut. Economic damages refer to the quantifiable losses you’ve sustained as a result of medical malpractice. This typically means the coverage of medical expenses. 

Having a child with cerebral palsy means needing ongoing care. In turn, you will face: 

  • Hospital bills 
  • Physical and speech therapy costs 
  • Medication costs
  • Expenses for modifications to your home to accommodate your child’s disabilities 

Severe cases of cerebral palsy may result in significant expenses that continue indefinitely, so economic compensation strives to cover those costs.

There are also non-economic damages you can claim. These are subjective losses that you suffered as a result of medical malpractice. Pain and suffering is one of these. In Connecticut, there isn’t a cap on the damages you can claim in a medical malpractice case. 

To have a clearer idea of what kind of compensation you could be entitled to, turn to cerebral palsy lawyers like us at Kennedy Johnson Schwab & Roberge. We’re here to guide you through the entire process. 

How it Works

Contingency Fees

At Kennedy, Johnson, Schwab & Roberge, P.C., we handle all Hypoxic-Ischemic Encephalopathy (HIE) and 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.


Hypoxic-Ischemic Encephalopathy (HIE) and Cerebral Palsy FAQs

Will a Child With Cerebral Palsy Have Disabilities?

Children with cerebral palsy will experience issues with movement and posture, but not all will necessarily have other disabilities. The extent of the damage to the brain will dictate the kinds of issues the child will struggle with. Some, for example, don’t need help to walk, while others require wheelchairs or other devices. 

Intellectual disabilities are a possibility. Again, though, they depend on the area of the brain that was damaged and the severity of that damage. 

Whom Can I Sue in a Medical Malpractice Claim?

You can sue the person who conducted the medical malpractice. Although this is typically a physician, it can be an anesthesiologist, nurse, or other medical staff member. Often, it’s necessary to sue more than one person, especially if it’s unclear who was responsible. 

You may also be able to sue the hospital if the defendant is an employee there. To do this, you’ll have to show that the defendant was acting within the scope of their job duties when the malpractice happened.

Do I Need a Lawyer for a Medical Malpractice Case?

Although having a lawyer isn’t a requirement if you want to file a medical malpractice claim, having one can significantly increase your chances of winning the compensation you need. In cases like those involving cerebral palsy and other brain injuries, getting as much compensation as you can is essential. 

Don’t run the risk of damaging your claim by not turning to experienced cerebral palsy attorneys. 

Do I Have to Pay Upfront Fees?

When you hire the team at Kennedy Johnson Schwab & Roberge, you don’t have to worry about upfront fees because we work on a contingency basis. This means that if you don’t get paid, neither do we. 

Get the Help You Need in West Hartford, CT

If your child has cerebral palsy or shows signs of having experienced HIE, it’s essential that you contact lawyers who have experience with medical malpractice claims. At Kennedy Johnson Schwab & Roberge, we can offer the legal representation you need during these difficult times. Contact our team today to speak with a cerebral palsy lawyer. 

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