Cerebral Palsy and Medical Malpractice

Cerebral palsy is a debilitating neurological condition that affects an individual for his or her entire life, impairing thought, speech, movement and coordination. Some people with cerebral palsy learn to live successful and fulfilling lives, while others require 24-hour care and have trouble completing normal everyday tasks on their own.

In many cases, cerebral palsy can be linked to genetic factors, but in other cases, the cause may not be so cut and dry. During the birth process, for example, if a healthcare provider fails to detect and properly treat signs of fetal distress and a baby loses too much oxygen to his or her brain, he or she can suffer neurological damage that can lead to cerebral palsy.

When doctors or other healthcare providers make mistakes before, during or immediately following delivery, leading to life-long injuries such as cerebral palsy, this is called medical malpractice. When medical malpractice occurs, the baby and his or her parents will be eligible to sue for damages. Sometimes it is unclear whether medical malpractice occurred — that is where we come in. Our experienced team of attorneys work with the top medical experts in the country to investigate potential cases of medical malpractice.

If you suspect that your child’s cerebral palsy may have been caused by medical mistakes, we can help you. To learn more, please contact us for a free, no-obligation consultation today. We have dedicated our practice to helping families like yours figure out what happened and why, and to helping those affected by medical malpractice recover the maximum amount of compensation available.

What Types of Mistakes Can Lead to Cerebral Palsy?

Mistakes made before, during or shortly after birth can contribute to neurological damage; examples include:

  • Failure to detect and properly treat signs of fetal distress
  • Failure to recognize an infant’s lack of oxygen
  • Failure to recognize changes in heart rate
  • Failure to treat maternal infections
  • Failure to recognize and treat a prolapsed cord (when the umbilical cord wraps around a baby’s neck, cutting off the oxygen supply)
  • Failure to perform an emergency C-section when necessary
  • Improper use of vacuum or forceps

Why Does Medical Malpractice Occur?

Doctors and nurses deliver babies every day and are trained to recognize fetal distress and act appropriately. But, unfortunately they are human and sometimes make mistakes. Mistakes can be made if a healthcare provider is fatigued, overworked or undertrained.

Mistakes are more likely to occur during complicated births, such as when:

  • A baby is breech (meaning the baby didn’t turn around so his feet are first)
  • Low birth weight (generally below 3.3 pounds)
  • Multiple births
  • Premature births (delivery before 32 weeks)

How Do I Know If Medical Malpractice Caused My Baby’s CP?

In most cases, parents aren’t aware that medical malpractice occurred. This is because most children aren’t diagnosed with cerebral palsy until they are around 3 years old and aren’t performing at the level they should be. And, at that time, the last thing parents are doing is thinking about the birth process. If your child is diagnosed with cerebral palsy, the best thing you can do is consult with a cerebral lawyer to find out of if you may have a case.

Some signs that malpractice may have occurred include:

  • The hospital staff was running around as if though something was wrong
  • Specialists were brought in to examine you or your baby
  • Your baby was taken to the NICU
  • You underwent an emergency C-section after forceps or a vacuum was used

How a Cerebral Lawyer Can Help

An experienced cerebral palsy lawyer will examine your medical records and work with medical experts in an investigation to determine what happened the day your child was born. If medical malpractice is suspected, he or she can help you sue the responsible parties for damages such as:

  • Expensive medical bills
  • Long term care and treatment costs
  • Lost wages if you choose to stay home and care for your child
  • Advanced technologies that can help with your child’s condition and improvement
  • Specialized therapies that can help with speech, movement and coordination
  • Pain and suffering inflicted on you and your child

Find Out if You Qualify for a Medical Malpractice Lawsuit

To find out if you qualify to receive a lifetime of benefits for your child, please contact us today. Our cerebral palsy lawyers have vast experience in these types of claims and may be able to help you and your family recover the financial compensation you need to reach the highest quality of life.