Alabama Cerebral Palsy Lawyers

Committed to Helping You Seek Justice

When an infant is deprived of oxygen during birth, the baby can suffer brain damage that leads to a permanent condition called cerebral palsy (CP). Cerebral palsy is characterized by a lack of muscle control and can result in a range of physical and cognitive disabilities, including the inability to walk, talk, or eat without assistance.

While the exact cause of cerebral palsy is not always known, it is often the result of medical negligence. At Cunningham Bounds, we represent families in Alabama and across the country whose children have suffered from cerebral palsy as a result of medical malpractice.

Our firm has been serving the community since 1958 and is backed by a proven track record that includes billions of dollars in recoveries. We understand that no amount of money can make up for the pain and suffering your child has experienced, but we also know that the financial strain of caring for a child with cerebral palsy can be overwhelming. Our cerebral palsy attorneys in Mobile, AL can help you pursue the justice you and your family deserve.

Contact Cunningham Bounds today at (251) 299-0101 to discuss your case with our cerebral palsy lawyers in Alabama. We offer free initial consultations.

Causes of Cerebral Palsy

Cerebral palsy is often associated with a lack of oxygen to the brain, which can occur during pregnancy, labor, or delivery. In some cases, the condition is the result of an infection in the mother or a traumatic head injury suffered by the baby. No matter the cause, cerebral palsy is often preventable and occurs as a result of medical negligence.

Some common causes of cerebral palsy include:

• Failure to monitor fetal distress: Healthcare providers have a duty to monitor fetal well-being during labor and delivery. Failure to recognize and respond promptly to signs of fetal distress, such as abnormal heart rate patterns or meconium staining, can result in oxygen deprivation and brain damage, leading to cerebral palsy.
• Improper response to prolonged labor: Prolonged labor increases the risk of hypoxic-ischemic injury to the baby's brain due to reduced oxygen supply. Healthcare providers must assess labor progression and respond appropriately to prevent complications. Delayed interventions, such as failure to perform a timely cesarean section when indicated, can lead to cerebral palsy.
• Mismanagement of shoulder dystocia: Shoulder dystocia occurs when the baby's shoulders become stuck behind the mother's pubic bone during delivery. Healthcare providers must employ proper techniques to resolve shoulder dystocia promptly and safely. Mismanagement, such as excessive traction or inappropriate maneuvers, can cause nerve damage and increase the risk of cerebral palsy or Erb's palsy.
• Misuse of assisted delivery tools: Vacuum extractors and forceps are sometimes used to assist with vaginal delivery when labor is prolonged or complications arise. Improper use of these tools, such as applying excessive force or using them inappropriately, can cause trauma to the baby's head, neck, or shoulders, leading to cerebral palsy.
• Failure to detect or treat maternal infections: Maternal infections during pregnancy, such as rubella, cytomegalovirus (CMV), or bacterial infections, can increase the risk of cerebral palsy in the developing fetus. Healthcare providers must screen for and treat maternal infections to reduce the risk of fetal brain damage.
• Administration of medications during pregnancy or labor: Some medications administered during pregnancy or labor may pose risks to the developing fetus, particularly if given inappropriately or in excessive doses. Medications that induce labor or manage maternal conditions must be used cautiously to avoid adverse effects on the baby's brain.
• Failure to address placental abnormalities: Placental abnormalities, such as placental abruption or placenta previa, can compromise fetal oxygenation and increase the risk of cerebral palsy. Healthcare providers must monitor and manage placental abnormalities promptly to minimize the risk of adverse outcomes.
• Inadequate neonatal care: In some cases, cerebral palsy may result from complications during the neonatal period, such as hypoxic-ischemic injury, intracranial hemorrhage, or neonatal seizures. Inadequate neonatal care, including failure to detect or treat these complications, can contribute to the development of cerebral palsy.

If your child has been diagnosed with cerebral palsy, we can review your medical records and consult leading medical experts to determine whether your doctor or another healthcare provider is to blame. If your child's condition is the result of medical negligence, we can help you pursue a medical malpractice lawsuit.

How Can I Prove That Cerebral Palsy Was Caused by Medical Negligence?

Proving that a child's cerebral palsy was caused by medical malpractice can be challenging. Cerebral palsy can result from a number of different factors, and doctors and other healthcare providers are not always at fault. However, when a healthcare provider fails to meet the standard of care, and a child is injured as a result, the provider can be held liable for medical malpractice.

To establish that medical malpractice occurred, you must show that:

• The healthcare provider had a duty of care to the mother and/or baby
• The healthcare provider breached the duty of care
• The breach of the duty of care caused the baby's cerebral palsy
• The baby suffered damages as a result of his or her cerebral palsy

Statute of Limitations in Alabama

Under Alabama law, parents must file a medical malpractice lawsuit within two years of the date when the malpractice occurred or within six months of the date of discovery, but never more than four years after the injury. If the parents do not file a birth injury lawsuit, a minor child has until their eighth birthday to file a lawsuit on their own behalf.

Unlike many other states that toll the statute of limitations until a child's 18th birthday, Alabama has much more restrictive laws, making it even more important for families to take action as soon as an injury is discovered. 

How Cunningham Bounds Can Help

At Cunningham Bounds, our Alabama cerebral palsy attorneys have extensive experience handling complex medical malpractice cases. We have the resources to conduct thorough investigations and consult leading experts in a variety of medical fields to determine whether medical malpractice occurred. If we believe you have a valid claim, we can help you pursue compensation for your child's medical expenses, ongoing care, pain and suffering, and more.

Our legal team is prepared to help you pursue justice. Call us today at (844) 417-0930 to get started with a free case evaluation.