Cerebral palsy is a blanket term given to a group of developmental disorders that are caused by brain abnormalities or brain injury. When it comes to abnormalities in the form or development of the brain, they often develop during gestation as a result of issues such as gene mutations. As for brain injuries, they often occur during delivery or soon after delivery. They can affect how a child walks and talks, his or her mental growth and development, as well as the ability of the child to control his or her limbs.
The exact symptoms that manifest with cerebral palsy depend on the nature of the injuries, how they were caused, where exactly the brain was damaged, and the extent of the damage. Was your child diagnosed with cerebral palsy? Our Charlotte cerebral palsy lawyers are here to help. If your child’s illness was the result of medical negligence or malpractice, you may have grounds for a compensation claim. Call the Birth Injury Lawyers Group today at (800) 222-9529 to learn more about coping with expenses and managing litigation, insurance, and other administrative issues.
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The Causes and Effects of Cerebral Palsy
Cerebral palsy can affect a person’s muscle control and coordination, reflexes, posture, balance, and ability to walk because it is an illness that involves the parts of the brain that are responsible for controlling and directing voluntary muscle movements. It affects different people in different ways and is usually a result of one or more of the following:
- Genetic or environmental factors that disrupt the migration of brain cells during gestation.
- Birth or delivery events that cause bleeding, a loss of blood, or prevent oxygen from reaching the baby’s brain.
- Trauma, physical impact, or an infection can damage the brain’s white and gray matter.
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Medical Negligence and the Law
To ensure a safe and smooth delivery, medical staff must watch out for and measure several indicators. These include the mother’s blood oxygen level, her blood pressure, the level of amniotic fluid, and the position of the child in the womb. Tests for bacterial or viral infections and issues with blood incompatibility must also be tested beforehand. Doing this will help reduce the risks of complications and will improve the chances of the baby being welcomed to the world easily and naturally.
Failing to do any of the above or incorrectly performing any of the actions required to ensure the safety of the mother and her child can cause serious issues. For example, if the baby is not in the right position for delivery or if the mother does not dilate enough or quickly enough and the delivery team fails to identify such an issue, they may be forced to perform an emergency procedure to quickly deliver the baby. When this happens, the following rules apply:
- The delivery must take reasonable measures to ensure the health and safety of the mother and her child, known as the duty of care.
- If an emergency procedure is required, the delivery team should have the skills, training, and experience to perform it properly.
- If the medical team missed an important health indicator, did not identify or inform the mother about an unexpected or negative development, or did not test for such a possibility when they should have, they may be held liable for birth injury negligence.
Emergency delivery cases often involve the use of forceps, vacuum extractors, and similar tools and devices to extract a baby from the mother, which is often done as the lesser of two evils. A baby stuck inside the mother may be at the risk of not receiving the oxygen he or she needs. This is called hypoxia and can lead to brain death. Quickly and forcibly removing the baby may be the only option to remove the baby and avoid other potentially more serious complications.
When this happens, an important question arises: Who is at fault for the damages sustained by the mother or her baby? Can the delivery team be held responsible for not seeing or not properly addressing a birth complication? Is the mother and the family responsible for caring for the child because it was not possible to prevent the birth complication beforehand?
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
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How a Charlotte Cerebral Palsy Lawyer Can Help
Connecting a delivery or pregnancy-related procedure or event to an injury can be difficult, but we understand the factors that come into play when it comes to birth injury cases. We can help you identify the parties responsible for your child’s cerebral palsy and gather the evidence needed to build a case if negligence can be proven. A Charlotte cerebral palsy lawyer will also help you calculate damages you have been made to suffer, including:
- Pain and suffering.
- The cost of medical care, medications, and diagnostic tests.
- The cost of assistive devices.
- Lost income from time spent away from work.
If your child received a diagnosis of cerebral palsy, and a medical error or negligence played a part or was directly responsible for the injuries in question, you will likely face lifelong medical bills for the treatment, testing, and rehabilitation of your child’s condition. Your child may also face years of pain and suffering as he or she copes with and tries to overcome the effects of their injuries. If your child’s injuries were the result of the negligence of someone who owed you a duty of care, you should receive compensation.
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Speak With Us Today
If your child or someone you know suffers from or received a diagnosis of cerebral palsy, call the Birth Injury Lawyers Group today at (800) 222-9529. We will help you learn more about your rights, the specific type of cerebral palsy that your child suffers from, how to file claims, and the steps to take to try to secure the future of your child and your family. Time limits known as statutes of limitation apply to medical negligence cases, so call now for a free, no-obligation case evaluation.