Cerebral Palsy & Birth Injuries Attorney in Anchorage
Compassionate Legal Team for Birth Injury Cases in Anchorage
At The Law Offices of David Henderson, clients are treated with dignity, respect, and compassion during their most trying times of need. Our legal team is here to help you discover legal options and uphold your right to compensation after your child is born with a serious birth injury, like cerebral palsy (CP). The cost of medical care – and day-to-day care – for a child with CP or another permanent birth injury can become staggering as years go on and care is continually necessary.
It is the goal of our Anchorage birth injury attorney and cerebral palsy lawyer to secure compensation on your behalf that pays for all your damages, both experienced now and far into the future.
Don’t let the hospital spin this. Call The Law Offices of David Henderson at (888) 295-6566 now and launch your Alaska birth injury case today.
Understanding Cerebral Palsy: Causes and Effects
Cerebral palsy, or CP, is a condition typically caused by damage to the brain before or at birth. CP is a medical condition that causes impaired muscle coordination, tone, and motor skills. CP is one of the most common motor disabilities in childhood, according to the Centers for Disease Control and Prevention (CDC), and many cerebral palsy cases result from preventable medical malpractice each year.
The malpractice resulting in CP may occur during:
- Fetal development
- Delivery
- Shortly after birth
Can Cerebral Palsy Be Prevented?
Approximately 20% of cerebral palsy cases result from brain damage that occurs during the birthing process. While not every instance of cerebral palsy in an infant is preventable, there are certainly preventable medical errors that can cause brain damage to a newborn. Preventable factors include:
- Administrative errors that caused a provider to be unaware of a preexisting medical condition
- Failure of the medical team to detect fetal distress during delivery
- other delivery errors on the part of the doctor or nursing staff
When I evaluate a potential birth injury claim, I look closely at what happened during labor and delivery, which providers were involved, and what warnings or symptoms may have been missed. In Anchorage, that often means carefully reviewing records from local hospitals and clinics, working with medical professionals to understand whether the standard of care was followed, and determining if earlier intervention could have reduced the risk of harm. By gathering this information early, I can give you a clearer picture of whether negligence likely played a role in your child’s condition and what next steps may make sense for your family.
Understanding Brachial Plexus Injuries at Birth
The brachial plexus is a nerve bundle between the neck and shoulders that then branches out down each arm. This grouping of nerves controls both the muscles and touch sensations of the chest, shoulders, arms, hands, and fingers.
If a medical provider is reckless or negligent during a child’s birth, the brachial plexus can be torn, stretched, or compressed, resulting in a permanent birth injury that can cause loss of muscle control or arm paralysis. A brachial plexus injury occurs in about one-to-three babies out of every 1,000 births, but it should be preventable in nearly all cases with better medical care during birth.
Furthermore, Erb’s palsy is a type of brachial plexus injury specifically caused by injury to the upper portion of the brachial plexus. It causes weakness of the child’s shoulder and bicep muscles. This can lead to shoulder dislocation and atrophy.
Families coping with a brachial plexus injury or Erb’s palsy often face months or years of physical therapy, possible surgeries, and questions about how their child’s function will change as they grow. As an Anchorage birth injury lawyer, I work to understand not only what went wrong during delivery but also what your child is likely to need in the future, including specialized care, adaptive equipment, and educational support. When negligence is involved, a legal claim can be an important tool for seeking resources that help you provide long-term stability for your child.
Importance of Early Prenatal Care and Testing
Most women undergo a series of prenatal tests early in their pregnancy to evaluate the health of their unborn child. If a medical professional fails to offer these tests or misinterprets the data, the parents could be uninformed of a potential genetic or congenital defect of their child.
A medical provider has a duty to detect birth defects using reasonable medical care, such as:
- Blood testing
- Ultrasound
- Amniocentesis
When severe birth defects are detected, there should be prompt and full disclosure of any concerning test results to give parents time to determine whether to continue the pregnancy or to consider the termination of the pregnancy. Without any of these steps being taken and that option being fairly presented to them, the parents could therefore file a wrongful birth or wrongful life lawsuit.
In Alaska, prenatal care often involves coordination between clinics in smaller communities and larger facilities in Anchorage, and poor communication between providers can increase the risk that important information is missed. If your records show that key test results were not shared, or that obvious warning signs were overlooked, that breakdown may form part of a wrongful birth or wrongful life claim. By reviewing your medical history in detail and talking with you about what you were told at each stage of pregnancy, I can help you understand whether your providers met their obligations to you and your child.
What To Expect When You Contact My Office
Reaching out to a lawyer about a possible birth injury or cerebral palsy diagnosis can feel intimidating, especially when you are already juggling medical appointments and caring for your child. When you contact my office, I start by listening to your story, asking questions about your pregnancy, labor, delivery, and your child’s current condition, so I can understand what you have been through. I also explain in plain language how an initial review works, what information is most helpful to gather, and how I work with families throughout Anchorage and other Alaska communities. My goal is for you to leave that first conversation with a clearer sense of whether a legal claim might be possible and what the process could look like for you.
After our first discussion, I obtain and review your medical records, which may include documents from major Anchorage hospitals as well as providers in nearby towns if you received care outside the city. I look for signs that the standard of care may not have been followed, such as delayed responses to fetal distress or missed opportunities to perform a timely cesarean section. If the records suggest that negligence might have contributed to your child’s injuries, I will talk with you about potential next steps, including further medical review and the time limits that may apply under Alaska law. Throughout this process, I stay in close contact so you know what is happening and can focus your energy on your child and family.
Frequently Asked Questions
What qualifies as a birth injury, and how is it different from a birth defect?
A birth injury is harm to a mother or baby caused during pregnancy, labor, delivery, or immediate postpartum care, often linked to negligent medical care. Birth defects typically arise from genetic or developmental conditions and are not caused by medical negligence.
How do I know if medical negligence caused my child’s injury?
Warning signs include failure to monitor fetal distress, delayed C-section, improper use of forceps or vacuum, untreated infections, or oxygen deprivation. A lawyer can review records with medical experts to determine whether the standard of care was breached and whether that caused the injury.
What deadlines apply to Alaska birth injury claims?
Alaska law sets strict time limits that can be measured in years, with possible exceptions for when the injury was discovered and for claims involving minors. Cases against government or federal facilities may have shorter notice rules. Speak with an attorney as soon as possible so deadlines do not bar your claim.
Who can be held liable for a birth injury in Alaska?
Depending on the facts, potential defendants may include the delivering physician, nurses, midwives, hospital or clinic, and sometimes outside contractors responsible for monitoring or lab work. Liability is based on whether each provider met the standard of care and whether their conduct caused the injury.
What compensation can a family pursue in a birth injury case?
Families may seek economic damages such as medical care, therapies, adaptive equipment, and future life care costs, as well as lost earnings. They may also seek non-economic damages for pain and suffering. The exact amounts depend on Alaska law and the evidence in your case.
How are Alaska birth injury cases investigated?
Your attorney secures medical records, fetal monitoring strips, imaging, medication logs, staffing schedules, and hospital policies. Independent medical experts analyze what should have been done, what went wrong, and how that caused the injury. Early preservation of records and witness statements is critical.
What will it cost to hire an Alaska birth injury lawyer?
Most firms handle these cases on a contingency fee, meaning you pay no attorney fees unless there is a recovery. Costs for experts and case expenses are typically advanced by the firm and resolved at the end of the case. Your engagement agreement will explain the terms in plain language.
Contact Our Experienced Anchorage Birth Injury Attorneys Today
The Law Offices of David Henderson has been helping manage personal injury claims for clients in Anchorage and throughout Alaska since 1998. Throughout his decades of legal experience, he has seen just about every personal injury claim imaginable, including numerous cases involving birth injuries and cerebral palsy.
When the stakes are high and the defending parties are not willing to take responsibility for negligence, you can count on him to stand up for you and your child with the tenacity and focus you expect from an award-winning lawyer like him.
Parents who contact me about a possible cerebral palsy case often feel overwhelmed by medical bills, insurance questions, and conflicting information about what caused their child’s condition. During an initial consultation, I explain how an Anchorage cerebral palsy attorney evaluates timelines, medical records, and expert opinions to determine whether a claim is viable, and I outline the steps involved in pursuing compensation. I also discuss practical issues, such as preserving evidence, dealing with communication from hospitals or insurers, and how a legal claim fits alongside your child’s ongoing medical care, so you can make informed choices about how to move forward.
Ready to fight for your child? Contact The Law Offices of David Henderson today for aggressive Alaska birth injury representation.
Why Trust Us?
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Free Case Consultations
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More Than 20 Years of Experience
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Millions Recovered for Clients
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Available 24/7
Victories That Speak For Themselves
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$1.1 Million Back Injuries
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$1 Million Brain Injury
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$1.4 Million Defective Product Injury
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$22.1 Million Medical Malpractice
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$3.8 Million Medical Malpractice
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$1.5 Million Medical Malpractice