Cerebral Palsy Injury - Children and Families Rights - Medical Malpractice Lawyers
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LEGAL ANSWERS FROM OUR CEREBRAL PALSY LAWYERS
How do I find out if my child has a medical malpractice case?

Is there a time limit on bringing a malpractice claim?

How much will I have to pay to hire a lawyer?

Will my case settle?

Can my medical malpractice case be tried without an expert?

When should I contact a lawyer?

How long will it take my case to be resolved?

Have I waived my right to a trial because I signed a medical consent form before giving birth?
  Cerebral palsy is not a disease, it is a condition, and is not contagious. In most cases, the initial cause of cerebral palsy will never be known. There are known risk factors that can indicate the likelihood for CP, but they do not point to specific causes.

Most cerebral palsy conditions are caused by a brain injury that occurred during pregnancy or birth (congenital), or in the months/years following birth (Acquired CP). Cerebral Palsy disorders are caused by faulty development of or damage to motor areas in the brain that disrupt the brain's ability to control movement and posture. A variety of conditions can lead to brain injury, including:
  • Genetic conditions and problems with the blood supply to the brain can affect how the child's brain develops during the first 6 months of pregnancy.
  • Oxygen shortage - if the oxygen supply to the brain is severely low at the time of birth, the infant may suffer a type of brain damage called hypoxic-ischemic encephalopathy.
  • Rh incompatibility - a blood condition that causes the mother's immune cells to attack the fetus, resulting in jaundice.
  • Severe Jaundice in the child during the first weeks following birth.
  • Toxicity - drug or alcohol use during pregnancy can result in brain damage.
  • Kidney and urinary tract infections - these infections, if severe and prolonged, in the mother can lead to brain damage within the fetus.
  • Exposure of the expectant mother to certain infections including rubella, toxoplasmosis and cytomegalovirus.
  • Severe physical trauma to the mother during pregnancy.

Acquired cerebral palsy results from brain damage in the first few months to years of life and can be caused by conditions such as:

  • Brain infections - encephalitis, meningitis
  • Head injury - falls, automobile accidents, child abuse

Ten to fifteen percent of cerebral palsy cases are caused by a recognized brain injury, such as infection (e.g., meningitis), bleeding into the brain, and damage caused by lack of oxygen. Most causes are unidentified, and medical professionals can simply review present risk factors. Some of the errors made by healthcare professionals during delivery can result in a cerebral palsy condition.

  • The failure to recognize and treat seizures following delivery;

  • Failure to order a C-Section in a timely manner;

  • Excessive use of a vacuum extractor;

  • Failure to detect a prolapsed umbilical cord reducing oxygen supply;

  • Improper use of delivery forceps;

  • Hospital staff may not properly read or respond to the babies vital signs;

  • Failure to declare fetal distress;

  • Failure to diagnose and treat jaundice or meningitis;

The following incidents may justify further investigation, or indicate the possibility of a medical malpractice claim:

  • The use of resuscitation (CPR) after birth;

  • Emergency delivery with forceps, or by c-section;

  • Special testing after birth, such as an MRI scan, CT scan or brain scan;

  • A specialist may not have been consulted when necessary;

While most doctors, nurses, midwives, and hospital technicians provide a high standard of care for their patients, unfortunately, many families are harmed by medical mistakes. Parents of a child suffering with cerebral palsy should contact an experienced cerebral palsy lawyer to research the cause of their child’s condition. Medical mistakes are responsible for many birth injury cases and it would be impossible for a parent, alone, to determine if medical malpractice caused their child's injury. It is only through the dedicated and thorough efforts of a legal and medical team that the cause can be ascertained.

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How the MEDLAW Legal Team Supports Cerebral Palsy Cases:

OBGYN on staff

Labor & Delivery Nurse + 4 RNs on staff

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20% of children diagnosed with congenital cerebral palsy developed CP due to a brain injury during the birthing process.
A twin pregnancy results in a child with cerebral palsy 12 times more often than a singleton pregnancy. This is generally due to low birth weight and prematurity associated with twins.
Swedish data indicate that 36% of infants with CP were born at less than 28 weeks gestational age, 25% at 28-32 weeks, 2.5% at 33-38 weeks, and 37% at term (40 weeks).

 

 
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