Proving a cerebral palsy birth injury is important if you want to hold medical staff and hospitals liable for your child’s congenital disorders. Although some cerebral palsy (CP) is not the direct result of medical negligence, sometimes a doctor’s negligence can contribute to this serious birth injury.
Here is what you should know about cerebral palsy as a birth injury, and what you will need to prove to win damages for your child or relative.
What are birth injuries?
When people refer to complications at birth, they are usually referring to two things – birth defects and birth injuries.
Birth defects are typically genetic conditions that affect a child’s organs or systems. Most often, these defects can not be prevented, even with perfect medical care. However, in some cases, a medical professional’s actions can cause or worsen a birth defect.
While most birth defects have an unknown cause, birth injuries are often preventable and the result of a medical error. These injuries can occur before, during, or shortly after childbirth.
There can be lifelong consequences for the child after a birth injury, as well as for the parents of those with special needs. When a birth injury is due to medical malpractice, then medical professionals and even hospitals can be liable for the cost of ongoing medical care and more.
What are the most common causes of birth injuries?
Both action and inaction can contribute to birth injuries. Whether your case rises to the level of medical malpractice depends on whether another medical professional with a similar background would typically provide a higher standard of care than your physician did.
Additionally, it is important to note that anyone that oversees you or your child’s healthcare before, during, or after birth can cause a birth injury. Some typical situations that can cause birth injuries include:
- Whenever a doctor delays or fails to identify the need for a c-section.
- Making errors during the anesthesia process, while providing medication, or during a childbirth surgery.
- When a doctor does not make the correct evaluations during pregnancy.
- Failing to respond to monitors or alarms during childbirth.
- Failing to respond to umbilical cord complications.
Additionally, these are the times where birth defects might be the result of your doctor’s negligence:
- Not identifying medical complications during an ultrasound or performing an ultrasound incorrectly.
- Failing to perform, read, or interpret medical tests.
- Giving incorrect medication to a patient before or during pregnancy.
- Failing to explain the risks and complications that could arise during childbirth.
Are there specific symptoms you should look for while proving a cerebral palsy birth injury?
While some symptoms of a cerebral palsy birth injury may take years to develop, there are several warning signs that a birth injury took place. This can include broken bones or fractures noticed after birth, seizures immediately after birth, and some body disfigurations.
Additionally, your doctor might explain that your child has a low heart rate or oxygen level. Any of these situations might show that there is damage to the nerves or brain.
What is the process for working with an attorney that specializes in cerebral palsy lawsuits?
If you suspect that a doctor, medical staff, or hospital’s negligence caused your child’s cerebral palsy, call an attorney right away. An experienced lawyer will help you determine whether your family has a case and can conduct the medical and investigatory steps needed to prove this in court. This usually begins with a consultation and preliminary investigation.
What are my next steps for filing a claim?
Was your child diagnosed with cerebral palsy that you believe is due to medical professional negligence? Without the right legal team, proving a cerebral palsy birth injury can be incredibly difficult. It requires that you investigate the events which occurred before, during, and after labor.
Additionally, you must consult with medical professionals that can prove that your physician or other medical staff took actions or failed to act in a way that met a standard of duty.
Fortunately, the professional attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you build a case. We will provide a no-obligation consultation so that you understand your next steps. Call us at (561) 655-1990 or message us using the live chat feature on our website.
However, it is important that you contact us right away for your labor and delivery lawsuit, as there’s a statute of limitations that restricts the time you have to file. Contact us right away so that we can provide you and your family with the relief you need after suffering from a birth injury such as cerebral palsy.
No matter where you are, one of our offices can help.
