Part of the process of getting a favorable judgment in a birth injury case is proving that an injury was the fault of a medical professional. However, injuries like cerebral palsy have many causes and not all of them are due to a doctor’s error. Here’s an example from Yahoo.
It started when Robbie had trouble bottle-feeding. She seemed unable to do so. At four months, an assessment showed that she was developmentally delayed in every category. Doctors mentioned not to search for her symptoms.
When the family did, they discovered that it might be cerebral palsy. They remembered a time during labor when the baby’s hearth beat seemed distressed. They told a nurse, who took the news calmly. There was talk of a shortened umbilical cord during labor, which can cause oxygen problems.
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Still, the family hoped the baby would make undergo a development surge, but by 18 months she was officially labeled as globally developmentally delayed. Seizures started happening soon after. A brain scan showed that it might be preiventricular leukomalacia, which can cause CP. The mother thought that she did something wrong during pregnancy to cause this.
However, this was not the case. A neurologist said that the damage may be genetic and to undergo testing for a mutation in the AP4B1 gene. Damage to this gene causes an extremely rare form of spastic paraplegia. Only nine people in the world were known to have it.
The family has since founded a non-profit to help others with this mutation and related mutations.