Medical Malpractice During Childbirth and Cerebral Palsy

Posted on July 27, 2012 at 6:48pm by

Cerebral palsy is a medical condition that affects around 800,000 people in the United States, and about 10,000 U.S. babies will develop cerebral palsy every year. Various factors can cause cerebral palsy, including intrauterine development problems and trauma during labor and delivery. Some cerebral palsy cases have no identifiable cause, and some cases result from circumstances beyond anyone’s control. However, the most common cause of cerebral palsy is birth trauma. If your child has cerebral palsy, your medical care providers may be to blame. A cerebral palsy attorney can review your medical records and case facts to determine if you may be entitled to compensation.

Cerebral Palsy

Cerebral palsy refers to a group of motor conditions that affect a person’s body movement. Doctors typically diagnose cerebral palsy during a child’s first 18 months, although symptoms may appear in babies as young as three months. While cerebral palsy disorders are non-progressive and generally do not worsen as time passes, symptoms can increase in severity over time because of tissue damage.

People afflicted with cerebral palsy may have seizures, abnormal muscle tone, poor reflexes, poor coordination, deformities, muscle contractures, spasms, involuntary movements, poor posture and learning disabilities. A person with mild cerebral palsy may be able to live a somewhat normal life; a person with severe cerebral palsy with a lot of physical limitations or with cognitive impairment may need a lifetime of care.

Medical Malpractice and Cerebral Palsy

Unfortunately, birth injury is the most common cause of cerebral palsy, and medical malpractice is the most common cause of birth injuries. A negligent healthcare professional can injure a baby during delivery and cause hypoxia or brain trauma by:

  • Improperly using forceps or vacuum extraction
  • Leaving the baby in the birth canal too long
  • Failing to recognize and treat seizures, a prolapsed umbilical cord, jaundice or meningitis
  • Failing to perform a timely C-section if the fetus is in distress or neglecting to schedule a C-section when appropriate
  • Failing to monitor the fetus or timely respond to changes in the fetal heart rate
  • Failing to monitor and respond to the expectant mother’s condition

Costs Associated with Cerebral Palsy

A child with cerebral palsy will have special needs; he or she may need special education, expensive medical equipment, frequent doctor visits and constant supervision. These things can get costly, especially if your child’s case is severe and he or she has little chance at being able to care for himself or herself when he or she grows up.

Contact a cerebral palsy lawyer immediately if you think your child’s cerebral palsy resulted from medical malpractice, or even if you are not sure. Your child deserves the best possible care, and if another person’s negligence caused the birth injury, that person should be responsible for your child’s financial needs.



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