New Mexico Cerebral Palsy Lawyer

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What Is Cerebral Palsy?
Cerebral Palsy (CP) is a disorder that deteriorates muscle tone, muscle coordination, and movement. It is a congenital disorder, beginning before or during birth. Young children diagnosed with the disorder have had damage to the brain while still in the womb or complications during childbirth that cause the damage. Typically, the condition exists before or just after birth, but some cases are diagnosed in the first three years of a child's life.

While one definitive cause of CP is unknown, researchers agree that the condition is caused by damage to the brain. Lack of prenatal care is a major cause, as complications with the developing fetus, such as malnutrition and infections go unnoticed. At times, medical malpractice is the cause of such inadequate prenatal care, which can often be hard to determine. CP is also common among premature babies because time spent in the womb was insufficient for proper development. Moreover, premature babies are particularly sensitive to complications after birth, since they are so vulnerable to toxins. The birth process, itself, can be damaging to the baby, causing irreversible consequences.

Most Common Causes of CP:
lack of prenatal care
infections during pregnancy that slow development
head trauma during a car accident
head trauma during a fall
complications during childbirth
Drug and alcohol consumption
Medical malpractice
Incorrect administering medicines during childbirth
Premature birth
Dropping the baby

Medical Malpractice & Negligence

It is common medical practice to enforce implied consent regulations. In efforts to avoid written paperwork, a doctor is required to explain all procedures, exams, and possible consequences prior to conducting them. A patient's silence, body language, or signs of approval allow doctors to assume that the patient has consented without the need for written permission. However, if the doctor neglects to inform the patient of these processes, he or she has not allowed the patient an opportunity to object, and this is consider medical malpractice and is likely to appear as evidence in court.

If negligence is linked directly to the onset of the disorder, a doctor and responsible parties may be held accountable. A birth injury attorney is likely to take on a case if sufficient evidence is attainable. For example, if medical records indicate that treatments provided were unusual, below hospital standards, or clash with other experts in the field, a doctor may be accused of malpractice, whether or not the actions were deliberate. Obstetrical errors during childbirth, such as incorrect dosages of medication or inadequate c-section procedures are examples of negligent behaviors.

When to Contact an Attorney
If you believe your child has become a victim of medical malpractice, and you wish to gain compensation for you losses, there are some time restraints to consider. Statutes of limitations laws of New Mexico state that claims must be made within three years after the alleged action occurred. Specifically, these laws are created to protect hospitals and physicians from unlawful or inaccurate claims made against them. Yet, if a physician has a history of malpractice, it is your responsibility to see that the issue is taken care of through any means possible. Even though there are strict time lines in place, courts can find statutes of limitations law to be unconstitutional under certain circumstances. For example, there is a small percentage of people who are diagnosed later than usual with CP, making it impossible to file lawsuits within a three year time frame. The courts are likely to consider special circumstances when reviewing your case. Nonetheless, it is important to seek an attorney in a timely manner.

When your child must suffer from life-long impairments because of a doctor's inexperience and carelessness, action must be taken against him or her. There are many attorneys at you disposal who are qualified and willing to take on your case. Be sure to research prospective attorneys, learn about their history, and find out what settlements they can offer you.


Legal•Info State Cerebral Palsy Information

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