Children can develop cerebral palsy under several conditions, all of which constitute negligence in the eyes of the civil court system. You trust medical professionals to take care of your body as well as your babies, but their failure can lead to severe birth injuries, including conditions like cerebral palsy. Their failure cannot only permanently alter the quality of your child’s life, but it can also cost you thousands of dollars.
Let the Law Office of Cohen & Jaffe, LLP break down the different ways that the negligence that caused your child to develop cerebral palsy can be classified as malpractice within the civil system. You can count on an experienced birth injury attorney to gather the evidence necessary to make this claim should you wish to pursue compensation for your losses.
What Is Cerebral Palsy?
Cerebral palsy is a neurological disorder that affects movement, muscle tone, and coordination. It is a lifelong condition that can manifest in a range of symptoms, from mild to severe. Often, cerebral palsy is linked to birth asphyxia, which occurs when a baby’s brain doesn’t receive enough oxygen during birth. However, other factors such as genetic mutations, infections, or head trauma can also cause cerebral palsy.
Children with cerebral palsy may face challenges in their ability to move, walk, and perform daily activities. Additionally, cerebral palsy can lead to cognitive and speech impairments, making it a multifaceted condition that requires comprehensive care and support.
Medical Malpractice: Does Birth Injury Cause Cerebral Palsy?
Medical mistakes can make the process of giving birth more complicated than it already is. Unfortunately, that mistreatment can see a newborn child suffer severe muscular and nerve damage, including the kind of injuries that can result in cerebral palsy.
Cerebral palsy tends to stem from a child’s lack of oxygen during birth. A child’s lack of oxygen can have an immediate impact on the health of their brains, causing irreversible brain damage and affecting their cognitive abilities. Failure to monitor and address fetal distress during childbirth can also lead to severe complications, including cerebral palsy. Children with cerebral palsy may permanently have to contend with muscle tremors, paralysis, and impacted speech.
Medical professionals have an obligation, particularly when overseeing the birth of a child, to ensure that both the child and their parents receive optimum care. Professionals who fail to uphold their industry’s standard of care can assume responsibility for the losses they force these new families to endure.
How Can You Identify Cerebral Palsy and Medical Malpractice?
You have the right to take legal action against a medical institution if its medical negligence caused your child to develop cerebral palsy. If your child developed cerebral palsy due to medical errors, gathering evidence is crucial for your case. Before you file a lawsuit, though, you need to make sure you have the evidence on hand to:
- Prove that a medical professional’s behavior fell below industry standards during your treatment
- Prove that said negligence resulted in your child’s injuries
- Prove that your family endured financial losses as a result of that mistreatment
How do you make these points? Our attorneys encourage you to work with third-party medical professionals to break down the circumstances that led to your complications during birth. When collaborating with an experienced personal injury lawyer, your third-party team may discover:
- The original institution’s failure to diagnose health issues in a pregnant parent
- Failure to identify complications with the child’s health during the birthing process
- Failure to attend to complications during birth with the appropriate tools or resources
- Lack of treatment due to bias, negligence, or the deliberate intent to do harm
You need evidence to make these points, particularly if you want to take your case to civil court. Fortunately, our team does not make new parents retraumatize themselves with an investigation into the medical malpractice that injured their child. We conduct investigations on our clients’ behalf while you prioritize your and your new child’s health.
Proving Medical Malpractice
Proving medical malpractice in cerebral palsy cases can be challenging but is crucial for holding healthcare providers accountable. To establish a medical malpractice claim, you must demonstrate that a healthcare provider breached the standard of care, resulting in harm to your child. This often involves showing that the healthcare provider failed to:
- Monitor fetal heart rate properly
- Detect and treat infections
- Perform a cesarean section when necessary
- Use delivery tools correctly
An experienced cerebral palsy attorney can assist in gathering the necessary evidence to support your claim. This may include obtaining medical records, securing expert testimony, and collecting witness statements. By building a strong case, you can seek the compensation needed to cover medical expenses and support your child’s cerebral palsy treatment.
How Can You React to Your Child’s Cerebral Palsy Diagnosis?
You are not obligated to sue a medical institution if you come away from the birth of your child contending with a child’s cerebral palsy diagnosis. However, birth is expensive. Raising a child with cerebral palsy can prove even more expensive if you don’t have the resources to provide your child with the care they need to maintain a consistent quality of life.
Filing a personal injury claim against the institution that injured your child can allow you to recover the damages you need to overcome the bills standing between you and a normal life. Filing a cerebral palsy lawsuit can help you recover the damages needed to support your child’s care. You can work with an attorney throughout this process to minimize your legal stress while coping with new parenthood.
If you’re unsure whether you want to take legal action against a medical institution, consider scheduling an appointment with a birth injury lawyer for a free case evaluation. Your first case evaluation comes free of charge. You also have the right to walk away from a case – we do not force you to take legal action against an institution or person if you don’t want to.
Let Us Fight for the Compensation You Deserve
Unchecked medical malpractice cerebral palsy can result in cerebral palsy. The medical professionals responsible for the health and well-being of your child should have the experience to ensure that your child has consistent access to the oxygen they need to grow up.
Securing compensation can help cover the costs of your child’s cerebral palsy treatment and ensure they receive the care they need. Failure to protect your child from birth complications can constitute negligence and afford you the right to civil action. If you want to hold a medical institution responsible for the negligence that led to your child’s cerebral palsy diagnosis, the Law Office of Cohen & Jaffe, LLP can take your case to court. Call (866) 580-1960 or reach out to our team online for more information.
