Finding out your child has cerebral palsy can be devastating. Finding out that the condition could have been caused by the labor and delivery team can cause parents to feel immense anger that the condition could have potentially been prevented.

Cerebral palsy malpractice can occur when the doctor, nurses or other members of the birth team neglect to take steps to prevent cerebral palsy, or when direct actions are taken that lead to the development of the condition.

What is Cerebral Palsy?

Cerebral palsy is an impairment of movement that results from damage to the brain. Individuals with cerebral palsy have problems with muscle tone, gait, posture and coordinating movement of their body. Cerebral palsy can be mild or it can be severe, affecting an individual’s ability to complete self-care tasks independently.

While some individuals have difficulty walking and talking, many are able to move and speak with mobility aids and assistive devices if they are unable to completely do so on their own.

Cerebral palsy can be caused in the developing fetus, during birth, or at any time within five years after birth where the brain does not properly develop. Babies born prematurely have an increased risk of developing cerebral palsy do to the complications inherent in the delivery of premature babies, and it is estimated that between 10 and 30% of those diagnosed with cerebral palsy were born prematurely.

Cerebral Palsy Malpractice May Lead to Development of the Condition

Malpractice on the part of medical professionals may lead to a child’s development of the brain condition. These preventable injuries linked with cerebral palsy malpractice include a number of issues that may happen at the time of delivery such as:

• Negative effects on the baby due to drugs or surgery
• Large deviations from the normal delivery procedures
• Neglecting to properly treat severe jaundice
• Neglecting to perform a cesarean section when it is medically advisable
• Failing to properly monitor heart rate during the delivery
• Improper use of forceps, vacuum extractors or other delivery tools
• Failing to detect infections or umbilical cord issues

These medical errors may lead to blood and oxygen deprivation which can lead to physical trauma that causes damage to the developing brain. In particular, the improper use of forceps and vacuum extractors that are routinely used during a birth with complications can cause damage to the skull and brain.

Do You Have a Potential Cerebral Palsy Malpractice Case?

If your child was diagnosed with cerebral palsy after birth and there were issues during the delivery that raised questions about the proper care of your child, you may potentially have a cerebral palsy malpractice case.

An attorney experienced in litigation involving birth injury due to medical negligence can provide you with a free, no-obligation case consultation to determine if you are eligible to take legal action by filing a cerebral palsy malpractice lawsuit.

Parents who go on to successfully file cerebral palsy malpractice lawsuits may be able to recover losses due to medical treatment, pain and suffering, lifetime care, loss of earnings and earning capacity and more.