While several factors play a role, children born as a result of assisted reproductive technology (ART)—infertility treatments such as in-vitro fertilization and intracytoplasmic sperm injection—have an increased risk of cerebral palsy when compared to those conceived without this type of help. However, doctors can take steps to reduce some of the risk factors.
If you conceived a child after undergoing infertility treatments and that child has congenital cerebral palsy, a medical malpractice birth injury attorney near you can review your case for free. You may be able to hold the doctor or hospital liable. Call the Birth Injury Lawyers Group at 1-800-222-9529 today to connect with an attorney in your state.
Cerebral Palsy and Infertility Treatment Lawsuits
Children conceived through infertility treatments have an increased risk of both preterm delivery and being a part of a multiple gestation and birth, according to the Centers for Disease Control and Prevention. Both preterm delivery and multiple births are risk factors for cerebral palsy. This explains most of the increased incidence of the condition in children born after ART.
The Centers for Disease Control and Prevention and other agencies recommend transferring a single embryo each time to avoid the likelihood of a multiple pregnancy.
Preventing Cerebral Palsy in ART Babies
If you conceived your child through in-vitro or another type of related infertility treatment, and your child was born with cerebral palsy, you may be eligible to hold your doctor liable in a medical malpractice birth injury lawsuit. Your child’s congenital condition may have been prevented if your doctor explained the risks, placed only one embryo, monitored your pregnancy closely, or took other steps to prevent premature delivery, low birth weight, or a multiple pregnancy.
A Birth Injury Attorney Can Help You Understand Your Rights in a Medical Malpractice Case
If your child has a cerebral palsy diagnosis and suffers from symptoms and complications of the condition, you may want to let an attorney review your case for free. The Birth Injury Lawyers Group can connect you with an attorney from your state who is familiar with the link between infertility treatments and cerebral palsy. They can review your case at no cost to you or your family.
Your attorney can help you identify the liable party or parties in your case, often the doctor who monitored your pregnancy and delivered your baby. They can build a strong case to prove your doctor acted negligently and failed to provide an acceptable standard of care. This often requires:
- Obtaining copies of relevant medical records
- Identifying a medical expert witness to testify about the acceptable standard of care
- Interviewing witnesses
- Getting a better understanding of your child’s care needs and prognosis
- Documenting any expenses and losses related to the medical malpractice
Once they have a strong argument for compensation, they can take steps to hold the doctor and hospital liable. This may include filing a claim or taking the case to court. Call 1-800-222-9529 to get started today.
Damages Recoverable in a Cerebral Palsy Medical Malpractice Case
If you recover compensation through a claim or court award in your child’s birth injury case, your payout will cover a wide range of damages your attorney identified and documented during the process of building your case. This may include:
- Medical care, therapies, and related needs
- Ongoing care and support
- Prescription drugs
- Walkers, wheelchairs, and other mobility assistance
- Other assistive devices
- Out-of-pocket expenses
- Pain and suffering
- Other noneconomic damages
Be Aware of the Statute of Limitations
Every state has its own statute of limitations, so it is important to have a conversation about the deadline to file your medical malpractice case with an attorney who handles cases in your state. In addition to a statute of limitations that sets a general deadline, there may also be rules that allow you to wait longer when the victim is an infant or child.
However, some states also have a statute of repose, an absolute deadline that could mean losing your right to file suit if you do not take action before that date.
Talk to an Attorney About Cerebral Palsy as a Result of Infertility Treatments
If you conceived your child through certain types of infertility treatments, and your baby has congenital cerebral palsy, you may want to discuss your case with a medical malpractice attorney near you. The Birth Injury Lawyers Group can connect you with a lawyer in your state who handles similar cases regularly. Call 1-800-222-9529 to get a free review of your case by a local attorney today.