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Examining the Link Between Cerebral Palsy and Medical Malpractice

| Apr 25, 2010 | Uncategorized

Cerebral Palsy is a permanent disorder affecting motor skills and coordination. It is caused by damage to the motor control center of the brain (cerebrum) and can occur in utero, at birth, or up to three years after birth. Newborn children may not immediately display signs and symptoms of Cerebral Palsy but you should immediately contact a doctor if you notice any of the following:

  • poor coordination
  • stiff muscles
  • unusual posture
  • involuntary movements
  • difficult or delayed crawling and walking

Cerebral Palsy and Child Birth Medical Malpractice

There are many forms of Cerebral Palsy and the condition can occur for any number of reasons, some of which are unavoidable. A percentage of Cerebral Palsy cases, however, occur due to medical error during childbirth.

Infection, head injury and lack of oxygen are three of the ways in which Cerebral Palsy can occur during childbirth. A few of the mistakes that doctors might make during delivery leading to Cerebral Palsy are:

  • Failure to detect and treat a prolapsed umbilical cord
  • Improper use of forceps and/or vacuum
  • Leaving the child in the birth canal too long despite lack of oxygen
  • Inadequately responding to fetal distress or changes in the fetal heart rate
  • Failing to perform a C-section despite fetal distress
  • Failure to identify and treat seizures after delivery

All medical malpractice cases are a challenge and the burden is on the plaintiff to prove that a child’s Cerebral Palsy was caused by doctor error and not another cause. If your child has recently been diagnosed with Cerebral Palsy, especially if the child had a difficult birth experience, it is in your best interest to contact an attorney right away.

Damages for medical malpractice

Victims of Cerebral Palsy are unable to operate in society and in the workforce at the same level as others. They may also suffer a reduced IQ. Therefore, Cerebral Palsy is truly a life changing condition. While it may be impossible to place a value on such a condition, one report conducted in 2003 suggested that those suffering from Cerebral Palsy lost $921,000 due to medical expenses and inability to work.

This amount, which already seems slightly low, does not include damages for pain and suffering which could be in the millions.

Unfortunately, there is no known cure for this terrible condition.

Some estimates suggest that as many as 20-25% of Cerebral Palsy cases are caused by medical negligence. You owe it to your child and your family to talk with an experienced medical malpractice attorney following a diagnosis of Cerebral Palsy. My office handles a number of medical malpractice cases and has experience with birth injuries.

Contact my office right away for a free initial consultation especially if your child experienced a difficult birth and was later diagnosed with Cerebral Palsy.