People with ataxic cerebral palsy often face long-term, even life-long challenges. If your child has developed ataxic cerebral palsy due to a medical professional’s negligence, they may be entitled to compensation for their harm. At Arfaa Law Group, our Baltimore cerebral palsy lawyers understand how to navigate complex birth injury claims, and we can put our knowledge to use in your case. We have won many substantial verdicts and settlements based on incidents of labor and delivery negligence.
Understanding Ataxic Cerebral Palsy and Its ConsequencesCerebral palsy is a serious neurological condition that is often caused by birth injuries during labor and delivery. According to the Mayo Clinic, cerebral palsy occurs in two to four of 1,000 births in the United States. Like all other types of cerebral palsy, ataxic cerebral palsy is a developmental disorder that affects motor function. Ataxic cerebral palsy affects approximately 5 to 10 percent of children with cerebral palsy. The condition is characterized by problems with balance, quick movements, depth perception, and coordination. In addition, children with ataxic cerebral palsy may suffer from tremors and speech problems. While there is currently no cure for ataxic cerebral palsy, a number of treatments can help children cope with the condition.
Ataxic cerebral palsy may have a number of causes, including:
As mentioned above, ataxic cerebral palsy can be caused by mistakes in the birthing process. Medical professionals are trained to monitor both the mother and the baby during the labor and delivery process. If you believe that your child’s ataxic cerebral palsy was caused by a medical professional’s error, carelessness, or wrongdoing, you may be able to file a malpractice claim against that medical professional. Under Maryland law, medical malpractice occurs when an injury or death happens because a medical professional failed to use the level of care that a medical professional in the same specialty would have used under the same or similar circumstances. For example, an OBGYN’s conduct will be compared to a reasonably prudent OBGYN’s conduct in the same situation.
In every Maryland malpractice case, the burden of proof is on the plaintiff (the party filing the lawsuit). In these cases, the plaintiff’s attorney is required to establish the elements of malpractice by a preponderance of the evidence. Under this standard, also known as the ‘greater weight of the evidence’ standard, the party who has the more persuasive and convincing force and effect of the evidence in the case will prevail. Essentially, the plaintiff must prove that his or her version of events is more likely true than not.
Families with a child who suffers from ataxic cerebral palsy often face numerous difficulties on a day-to-day basis, as well as expenses ranging from medical care to special education. Fortunately, Maryland law allows victims of malpractice to recover a variety of damages, such as medical bills, rehabilitation costs, pain and suffering, costs of future care, and compensation for any other losses associated with the medical injury.
Seek Assistance from a Cerebral Palsy Lawyer in the Baltimore AreaIf your child has suffered from ataxic cerebral palsy as a result of the improper use of a vacuum extraction device or another form of negligence, you need to reach out to a medical malpractice attorney who can review your case. At Arfaa Law Group, we can examine the circumstances of your child’s injury and determine if malpractice took place. We understand that there is nothing more stressful than dealing with a child’s injury, but you should not navigate the legal process alone. Our attorneys represent clients in Baltimore and throughout the State of Maryland. For more information about your legal rights and options, call us at 410-889-1850 or contact us online.