Cerebral palsy is a term that describes a group of disorders that affect the brain’s ability to control body movement. There are several causes of cerebral palsy but frequently it is caused by injury to the brain before, during, or just after birth. Cerebral palsy may also be acquired after childbirth by any event that causes damage to the brain. Specifically, cerebral palsy is caused by lack of oxygen to the brain. If you have a child that has been diagnosed with this condition, it may be in your best interest to speak with an experienced cerebral palsy attorney as soon as possible.
Many cases of cerebral palsy are caused by some type of negligence or malpractice during the labor and delivery process. Maybe a nurse misread the fetal monitoring strip. Perhaps a doctor failed to deliver a distressed baby in a timely enough manner. Or maybe a doctor didn’t order a cesarean section when it was needed. There are many circumstances in the delivery room that could ultimately lead to a birth injury that causes cerebral palsy. If you can establish that a doctor or nurse’s negligence or malpractice was to blame, you may be able to recover compensation for your child’s medical expenses, future medical care, ongoing therapies, adaptive equipment, and decreased quality of life.
The causes and severity of cerebral palsy vary from one child to another. CP affects brain or nerve functions and usually causes lifelong impairment and a loss of movement. It is often caused by a loss of oxygen (anoxia or hypoxia) before, during or immediately following birth. Medical errors than can cause cerebral palsy include:
A failure to respond quickly enough to an expectant mother’s health condition
A failure to detect prenatal asphyxia caused by the umbilical cord
A failure to perform a C-section when the mother or baby is in distress
A failure to get the baby out of the birth canal quickly enough
A failure to monitor the baby’s health after the birth
Failure to recognize, diagnose and treat an infection in the mother or child
Failure to recognize, diagnose and treat poor health in the mother, such as thyroid problems
Improper care after premature birth
Failure to perform a cesarean section (C-section)
Not treating seizures after birth
Lack of oxygen
Problems with feet-first births (breech births)
As a parent, your first concern is the health of your new baby. If anything goes wrong during the delivery, you will learn first hand just how well the medical establishment is prepared to deal with you. Upon diagnosis of cerebral palsy in your baby, you will find doctors, nurses and other staff begin to distance themselves. In some cases, they will outright avoid answering your questions and avoid returning your phone calls.
Cerebral palsy is a static (non-progressive) condition that affects a person’s muscle control and movement. The injury can occur during pregnancy, delivery, or after birth, and is a result of brain trauma. Erb’s palsy, similar to cerebral palsy, is a birth injury that affects muscle movement and coordination. However, Erb’s palsy is caused when the nerves between the baby’s shoulder and spine are damaged.
Birth injuries can happen when the obstetrician, nurse midwife or advanced practice nurse miss an indication of distress on the fetal monitor. The distress can indicate a lack of oxygen to the brain which can result in an anoxic brain injury. The result can include permanent brain damage, Cerebral Palsy and severe neurological damage.
A Cerebral Palsy lawsuit can be an effective weapon against unreasonably dangerous or negligent doctors. In most cases, in order to be successful in a Cerebral Palsy lawsuit, the breach of the standard of care, causation and damages must be proven. A Cerebral Palsy lawyer can help evaluate a claim against a doctor, midwife or hospital.
Because doctors fear medical malpractice lawsuits, many parents are given the brush-off or unintelligible answers to questions about their child’s birth injury. However, our lawyers aggressively pursue the answers you need to know. We work with you one on one so that you can understand your child’s injury and obtain truthful answers about what happened.
These types of special care can be very expensive and quite difficult for the average family to afford. If your child has Cerebral Palsy due to the negligence or poor care of a doctor, the hospital or doctor can be held liable. You may be able to collect monetary compensation for medical expenses, pain and suffering, and other necessary costs.
If your child suffers from cerebral palsy or other preventable birth injury, seeking and getting the compensation that you deserve may be the only way to ensure your child gets the care and services he or she needs to cope with this conditions. Cerebral palsy lawsuits can protect your rights and that of your child.
