Cerebral Palsy Lawsuit
Problem summary
Cerebral palsy is the most common motor disability affecting children, diagnosed in about one in 323 children, according to the U.S. Centers for Disease Control and Prevention (CDC), and roughly 10% of cerebral palsy cases are caused by medical malpractice. Cerebral palsy is a lifelong disorder, but it is not degenerative, which means the symptoms will not worsen over time. In fact, many children with cerebral palsy can live well into adulthood with the help of family members and professional caregivers, and with the right treatment and therapeutic interventions, some are still able to live independent and productive lives. However, no child or adult should have to live with the lifelong difficulties associated with cerebral palsy, and if the disorder was caused by birth trauma due to a healthcare provider’s medical mistake, the negligent or careless doctor or hospital staff member responsible for the trauma should be held liable for the resulting injuries. Seeking proper medical care for a child with cerebral palsy is expensive and pursuing compensation by filing a medical malpractice lawsuit can help cover the cost of a lifetime of medical care, rehabilitation and therapy.
About Cerebral Palsy Birth Trauma
Cerebral palsy is a group of neuromuscular disorders affecting movement, posture and muscle tone that is caused by trauma to the brain, most often sustained during fetal development or birth. When obstetricians and nurses fail to use appropriate care during labor or delivery, or fail act quickly enough at the first sign of fetal distress or other potential problems, infants can suffer devastating damage to the brain, trauma that in some cases can lead to permanent neuromuscular disorders like cerebral palsy.
Cerebral palsy is characterized by the disruption of normal signals transmitted from the brain to the nervous system, which affects a child’s coordination and independent movement. Symptoms of the disorder typically appear by early childhood and include involuntary movements, exaggerated reflexes, poor coordination, difficulties maintaining balance and posture, seizures, problems with cognitive function, and stiff or tight muscles. As more research is done into the underlying causes of cerebral palsy, certain steps can be taken by delivering doctors and other healthcare professionals to reduce the risk of birth trauma-related palsy. Unfortunately, because cerebral palsy is caused by injury to the brain, there is currently no cure for the disorder, and cerebral palsy treatment is complex, as it must address a broad range of individual symptoms and conditions.
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Possible Causes of Cerebral Palsy
The type and severity of cerebral palsy symptoms depends a great deal on the extent of damage to the brain and when it occurs, and there are a number of situations in which medical errors made during or after delivery can cause the birth injury. For instance, if the brain cells responsible for muscle control and movement die as a result of suffocation or blood loss due to medical malpractice, cerebral palsy may occur. Medical malpractice occurs when a healthcare professional’s carelessness or negligence results in a medical error that leads to birth trauma. Some common types of medical malpractice resulting in complications possibly leading to a cerebral palsy birth injury include:
- Delayed resuscitation of an infant
- Failure to recognize fetal distress during labor
- Prescribing an expectant mother a medication that is not safe for use during pregnancy
- Failure to screen for congenital defects
- Diagnostic errors leading to a worsening of symptoms in the infant
- Failure to provide adequate care, resulting in a brain injury
- Improper use of forceps
- Failure to use appropriate care during labor or delivery
- Failure to recognize the need for a C-section
- Improper handling of maternal infections
- Failure to properly monitor a baby before and during delivery
- Failure to diagnose an infant’s infection in NICU
- Failure to relay diagnostic information to the parents in time
- Failure to protect the baby from harm during a long, difficult labor
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Cerebral Palsy Resources
Cerebral Palsy Settlements & Litigation
Medical malpractice accounts for a relatively small number of cerebral palsy diagnoses each year, but each one of these cases could have been prevented, had the delivering doctor or hospital staff been diligent in recognizing potential delivery complications, taken care to avoid causing birth injuries, or properly diagnosed and treated other medical issues. By filing a cerebral palsy lawsuit, you are holding the negligent or careless doctor or hospital staff member responsible for your child’s injuries and seeking compensation for the costs associated with a lifetime of medical care, as well as the financial and emotional cost of caring for someone with permanent cerebral palsy injuries. In one lawsuit filed over the alleged negligence of an obstetrician and hospital staff who failed to respond to signs of umbilical cord compression and oxygen deprivation during delivery, the plaintiff received a $4.72 million settlement for her daughter’s cerebral palsy injuries. If your child has been diagnosed with cerebral palsy, and you believe the disorder was the result of medical malpractice, contact an experienced birth trauma lawyer today to explore your possible compensation options.
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