How is Cerebral Palsy Linked to Medical Malpractice?

How is Cerebral Palsy Linked to Medical Malpractice?

Cerebral palsy refers to a posture and movement disorder that is caused by extensive damage to the sensory and motor systems of the brain. The terms ‘cerebral’ and ‘brain’ are used interchangeably when referring to cerebral palsy.

Any disorder that negatively impacts body movement control is referred to as ‘palsy’. Carelessness or negligence during birth or labour can sometimes lead to cerebral palsy. Healthcare professionals, such as doctors and surgeons, are trained and knowledgeable individuals, but even they sometimes make mistakes. A lack of oxygen during birth may lead to permanent brain damage that can cause cerebral palsy in some infants. The death of brain tissue due to lack of oxygen will usually lead to some form of permanent physical and cognitive disability.

Here, our focus will be on how cerebral palsy is connected to medical malpractice and how you can take action against those who have wronged you and your child.

Signs of Cerebral Palsy                             

Trying to diagnose a child with cerebral palsy may be difficult, as it may take a few years for symptoms to develop. 

Parents may need to wait a few years for motor impairments to become more pronounced and permanent, as children normally struggle with their motor skills while they are still maturing.

Generally speaking, most cases of cerebral palsy are diagnosed by the time the child has reached 18 months. As for newborns with advanced cerebral palsy, there are a few signs that you can look for.

For example, a newborn with cerebral palsy may have an early preference for their hands. An unusually high-pitched scream or cry is also quite common in newborns with cerebral palsy. Another possible sign is early hearing and eyesight problems.

Newborns with cerebral palsy may also have trouble swallowing (dysphagia) as well as trouble sucking, which may lead to subpar feeding and drinking abilities. They may also suffer from abnormal basic reflexes, such as involuntarily responding to certain types of stimuli in their environment.

How a Medical Mistake Can Cause Cerebral Palsy

Many cerebral palsy cases are the result of medical errors. The physician may have failed to detect certain abnormalities or anomalies during the early stages of pregnancy. Many health problems can be avoided or treated when they are discovered during the early stages.

Negligence may involve a failure to detect a placental abnormality. The baby’s oxygen levels must also be monitored properly to detect abnormalities. Doctors are trained to quickly detect, diagnose and treat a wide array of health issues.

Failure to do so may constitute negligence on the part of the healthcare professional. Ineptitude involving labour and delivery may also constitute a form of negligence that may lead to cerebral palsy.

Forceps or a vacuum extractor can be mishandled during the birthing process, leading to damage or injury to the infant. 

Failing to perform a timely natural birth can also cause birth defects and other abnormalities, and a c-section should be performed quickly and properly if the baby is in distress and natural birth is not possible. 

Know Your Legal Rights

If you or your child has experienced a traumatic birthing experience that has led to a permanent disability then you should seek legal counsel as soon as possible. 

You may want to make an appointment with a birth trauma lawyer who has extensive experience and a proven track record of success. A malpractice lawyer who specializes in birthing injuries will be very knowledgeable on various birthing abnormalities, defects and disorders.

In addition to their depth of medical knowledge, they will also have access to a range of specialists who can help build your case. They will carefully assess your unique situation to determine whether or not your case has a good chance of success in court. 

If the guilty party is willing to settle out of court, your lawyer will work closely with you to determine the appropriate price for your pain and suffering. The settlement amount should be sufficient for you to drop the case and to meet all your child’s future needs.

It should also be noted that some lawyers will not accept any fees during their initial consultation. Some lawyers may not accept any fees whatsoever unless they successfully resolve your case.

It is important not to settle for the first lawyer that you find online. Perform the necessary due diligence to learn more about their expertise, relevant experience and track record. 

Do not hesitate to ask them as many questions as you feel you need to determine if they are the right lawyer for your precarious situation.


You're Not Alone

Cerebral palsy is a fairly common but devastating condition that can make the lives of children and their loved ones quite difficult. Many lifestyle changes will need to be made to help the affected child live as normal, happy and fulfilled a life as possible.

The sad truth is that many cases of cerebral palsy can be prevented if doctors provide their patients with adequate medical care during pregnancy as well as during the birthing process.

If your child has suffered a birthing injury that was caused by a misdiagnosis, poor treatment and/or a medical error then you should seek compensation as soon as possible.

Rehabilitation expenses can quickly add up to tens of thousands, and your child may require many operations and thousands of dollars worth of medication to live, let alone thrive.

As such, if you want to help increase the odds that your child will have a bright future then you should take action to bring the guilty party to justice. 

By drawing attention to the situation you may inspire other parents and caregivers to do the same and hold those that have wronged them accountable. It is important to realize that there are thousands of other parents who are dealing with a similar situation. You are not alone.