The link between medical malpractice and cerebral palsy

When infants aren’t receiving enough oxygen during labor and delivery, it could lead to serious health problems, including cerebral palsy. Other causes of cerebral palsy during birth include asphyxia, trauma during birth, and premature delivery. Its lifelong impact on the child and parents is not only emotional but also financial. Even though some births resulting in cerebral palsy is no one’s fault, approximately 10% of these births are due to medical malpractice.

What is cerebral palsy?

Classified as a neurological disorder, cerebral palsy impedes not only muscle coordination, but also body movement. Most children experiencing this condition were born with it, whether it was the result of malpractice or other causes. Because it doesn’t worsen over time, it’s considered a non-progressive condition. Throughout the nation, CP occurs in approximately three out of every one thousand births. The most common type of cerebral palsy, about 80% of the cases, is spastic cerebral palsy.

What medical mistakes can cause cerebral palsy?

It’s essential to remember that, just because a baby is born with this condition, that doesn’t mean mistakes were made. There are instances when the medical staff act with the highest level of professionalism attending to the baby and mother. However, adverse outcomes still occur. Certain medical mistakes can lead to cerebral palsy including these examples:

  • When doctors or nurses fail to detect a prolapsing umbilical cord
  • If the fetal heart rate isn’t appropriately monitored before or during the labor and delivery
  • If the mother experiences an infection during her pregnancy and for fetal distress doesn’t receive proper treatment.
  • When the baby is too large to have a safe delivery, and the doctor fails to plan and schedule a cesarean
  • If a cesarean is needed due to an emergency and delivery is delayed

Do parents have recourse?

Some requirements must be met before filing a medical malpractice claim. When a doctor or hospital fails to fulfill their legal responsibilities while your child is in their care, this is called medical malpractice. With regards to cerebral palsy lawsuits, evidence must be presented that your child’s condition would have been prevented if the medical staff wasn’t negligent.

When should parents contact a lawyer?

Filing and litigating a medical malpractice lawsuit is time-consuming, complicated, and requires expertise. Plaintiffs must hire attorneys knowledgeable medically and legally about medical malpractice so they can act accordingly on their behalf.

If you believe your child’s cerebral palsy is due to negligence medical care, an experienced attorney can provide you with professional assistance and help you obtain the compensation you are due under California law.

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