Cerebral palsy is a neurological disorder that can impact speech, fine motor skills, muscle structure, and posture. There are several possible causes of cerebral palsy, many of which can be the result of medical malpractice.
If your child has been diagnosed with cerebral palsy, the actions or inactions of a medical professional during your pregnancy or labor may have caused your child’s condition. Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation regarding your case.
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Cerebral Palsy Has Several Causes
Cerebral palsy occurs when damage is inflicted on the parts of the brain that control movement. There are a few underlying causes of cerebral palsy that can occur before the child is born. These causes may include:
- Bleeding in the brain (hemorrhage), which may happen before or during labor
- Damage to the brain’s white matter, which is most likely to develop when the fetus is between 26 weeks and 34 weeks old
- A cutoff of oxygen to the brain, which can be the result of a trauma inflicted during birth or several other prenatal conditions, many of which are preventable
- Abnormal brain development, which can be caused by infection or trauma developed during the prenatal or labor stages
Medical professionals assume a high duty of care when caring for the wellbeing of a mother and her child. They are bound by ethics to notify the parents of the child of any congenital disabilities that may be present before birth. Failure of this practice violates the duty of care and can be used as evidence that they were not acting in your best interest in the events leading up to your child’s birth.
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Symptoms of Cerebral Palsy
Cerebral palsy has several symptoms, though no two children with cerebral palsy are the same. Possible symptoms include:
- Exaggerated reflexes, also known as spasticity
- Uncoordinated muscles
- Stiff muscles
- Muscles that are either too flaccid or too rigid or any other muscle abnormality
- Delays in the development of motor skills such as the ability to walk, stand, support oneself, etc.
- Trouble speaking or hearing
- Difficulty sucking or eating
- Poor balance
Many children are not diagnosed with cerebral palsy until they are at least 2 years old. If your child does receive a diagnosis of this condition, then consider that the medical professional who tended to you during pregnancy or labor may have contributed to your child’s disability.
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Possible Causes of Cerebral Palsy
Some cases of cerebral palsy do not arise through the natural course of prenatal development. In other words, they were created by conditions that were either foreseeable or preventable. Some precursors for the development of cerebral palsy that may be due to human error include:
- Brain injury, which can be incurred with forceps or other unsafe birthing methods
- Bleeding in the brain, which can occur when the child is in the womb or practices used to deliver the baby
- A lack of blood flow to the brain, which may also occur from undetected prenatal conditions or dangerous birthing procedures
Doctors have a responsibility to account for every possible risk to your child before, during, and after their birth. If doctors failed to protect your child by spotting a risk for cerebral palsy while they were in the womb or being born, they could be responsible for financial coverage of your losses. Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation.
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How A Lawyer Can Help
If you have received news that your child has cerebral palsy, you may be at a loss as to how to proceed. A lawyer can help you with the legal aspects of obtaining the compensation to which you may be entitled. Some of the possible defendants in your case may include the doctors and nurses who oversaw your pregnancy and labor, and even the medical institution where the birth took place. A lawyer can determine who is the liable defendant in your case. Other services our staff can provide include:
- Documenting your account of why the doctor or other medical professional may have contributed to your child’s cerebral palsy
- Starting your case right away to ensure that you abide by all relevant statutes of limitation for legal action
- Obtaining and archiving medical records of the care you received before, during, and in the wake of your child’s birth
- If possible, interviewing the defendant(s) in your case, seeking any admission of wrongdoing
- Discussing your case with knowledgeable medical professionals to see if best practices were employed, or if the defendants in your case fell short of their duty of care
- Taking on all legal responsibilities necessary to bring your case to a settlement or judgement
- Protecting you and your child’s rights throughout the legal process
If your case reaches a conclusion that finds the defendant liable for your child’s cerebral palsy, you could be entitled to collect compensation for your damages.
Possible Damages in a Cerebral Palsy Negligence Case
If your case reaches a judgement or settlement in your favor, you could be entitled to compensation covering:
- Your medical bills for prenatal, labor, and after-birth care
- The past, present, and future cost of your child’s treatment for their cerebral palsy
- The cost of any long-term caregiving your child requires, such as an in-home companion or therapist
- Pain and suffering for you and your child’s hardship
- Punitive damages against the defendant
- The cost of any educational, professional, or other opportunities your child has lost because of their cerebral palsy
Call a Lawyer Today
You should not have to be burdened with the costs of your child’s condition that may have been prompted by someone else’s negligence. Call today so that you can start the process of filing your claim and receiving the compensation to support them during this difficult time. Call our team at the Birth Injury Lawyers Group at (800) 222-9529 for a free consultation.