Cerebral palsy is a birth defect caused by abnormal brain development due to injury to the brain before, during, or shortly after birth. It affects the development of muscle coordination and motor skills, as well as cognitive functions. It is unclear how to predict who may develop cerebral palsy; however, it is very tricky to diagnose what may have caused cerebral palsy in your child. Symptoms can vary within each case of cerebral palsy, and signs of brain injury early in life can be difficult to determine because most infants are completely mobile at birth.
If you have a child born with cerebral palsy, you may be wondering if they are eligible to recover money through a lawsuit. There isn’t any single way to determine whether the disability was caused by negligence, so it can involve a variety of investigations into your child’s medical history and the factors that contributed to their condition. The entire process can be extremely difficult and emotional for the parents. We hope that through this article, you can deduce if you have a strong case or not.
Hiring an experienced lawyer
When you expect the best for your family, and a loved one is injured by medical malpractice, you are left to cope with a life-changing event. It can be difficult to know what type of options you have open. There is an overwhelming amount of information readily available on the Internet. But how do you find answers that can help you make informed decisions? Unfortunately, many people prey on the desperation of families who have been harmed by poor medical care. It is important to find an attorney who has vast experience successfully dealing with medical malpractice cerebral palsy cases.
Your lawyer will demand all important and relevant medical records, bills, tests, and reports. These lawyers have a team of medical experts who will go through all these documents to find and prove why your child developed cerebral palsy.
Preventable medical mistakes that cause cerebral palsy
With the help of their medical team, your lawyer will be able to identify which of the following preventable medical mistake(s) was made during your child’s birth.
1. Failure to read signs of opting for a C-section
Complications can occur during pregnancy or labor that may point towards birth through C-section. These complications can be due to delivery complications (prolonged labor, abnormal positioning, etc.) or the mother’s or fetus’s poor health. The OB-GYN or physician opts for C-section to ensure that the complications do not worsen as it protects the baby from being deprived of oxygen during delivery. It also lowers the risk of your baby experiencing trauma when passing through the birth canal.
If you believe the delay in performing a cesarean section or scheduling the procedure after it’s too late is to blame for the disability infliction, you definitely have a case!
2. Failure to act on monitored fetal dangers
Fetal monitoring during pregnancy and labor is a critical part of prenatal care. Monitoring and tracking a baby’s progress can ensure that the baby is healthy. It is extremely important to monitor the baby’s heartbeat during active labor to ensure that they are not deprived of oxygen. Any dip on the monitor means the baby is going in distress. If your doctor ignored these warnings and continued with labor, then they are definitely at fault and responsible for your child’s condition.
3. Using excessive force during delivery
Difficult, prolonged labor can be dangerous for both the mother and the child. Your child becomes more at risk of infection if your water has already broken. The medical team uses drugs and medication to speed up labor in such situations. Complications can occur, and the doctors may need to use force like pulling the baby out using a vacuum or forceps. This excessive use of force can also cause injury to your child, resulting in the development of cerebral palsy.
4. Not adequately monitoring the mother
Poor health of the mother can directly harm the fetus. It is important to monitor everything throughout pregnancy and watch out for infections. Treating them timely can protect the baby as some infections can hamper the baby’s growth and development, contributing to birth and developmental defects. If you suffered from an infection that wasn’t treated timely, it could be the cause of your child’s condition.
5. Not delivering an infant quickly
The natural course is the best, and anything that goes against it can have consequences. If for whatever reason, your baby was kept inside your womb forcibly despite both you and the fetus being ready for delivery, then it qualifies for a medical malpractice lawsuit. The natural force of labor pushes the baby out, but if your doctor didn’t take prompt action and deliver timely, your child may have experienced trauma and even oxygen deprivation. These two are the prime reasons for the development of cerebral palsy.
Benefits of Filing a lawsuit
Indeed, filing a lawsuit is extremely daunting and overwhelming, especially if you have a child with cerebral palsy to look after along with the lawsuit’s process. But you mustn’t forget that the benefits of filing a lawsuit are numerous. From compensation for losses to the satisfaction of holding liable parties accountable for their actions, there is much to gain from a successful medical malpractice lawsuit.
It is an extremely overwhelming and worrying time for parents who just discovered that their child has cerebral palsy and has a difficult life ahead of them. This means assisted care and piles of medical bills for the rest of their lives. If you suspect that a hospital or doctor caused your child’s cerebral palsy, then work with an experienced medical malpractice lawyer. Your attorney can investigate your child’s birth records and any other relevant medical evidence to show that the hospital or doctor had a duty to take reasonable care in the delivery of your child but did not do so. If successful, your attorney can help recover compensation for damages related to your child’s injuries and rehabilitation. The trouble of going through the entire process will be financially worth it!