Cerebral palsy is a medical condition that is caused by either a brain injury or brain malformation that occurs in an infant’s brain either before, during or immediately after birth. A baby’s brain is still under development at this time, and the brain damage that occurs will typically cause the child to lose their normal development of muscle coordination, muscle control, reflexes, posture, muscle tone, and balance as well as both fine and gross motor skills. While each case of cerebral palsy is different for every child, there are some cases in which medical errors are the cause.
Foundation for a Cerebral Palsy Case
Following a diagnosis of cerebral palsy, parents may start to investigate whether or not any medical errors occurred either before, during or immediately after the birth of their child that led to the brain injury or damage. In order to establish a strong cerebral palsy case, you will need to prove that your child’s medical condition could have been prevented in some way by a physician, nurse or another member of the medical staff. An investigation will need to take place to prove that the medical staff or hospital was negligent in their actions relating to the birth of your child.
Evidence of Medical Errors that Cause Cerebral Palsy
Cerebral palsy may occur under several circumstances due to medical errors. For example, cerebral palsy may develop when there is simply insufficient oxygen reaching the infant’s brain, which causes neurological damage. Additionally, some other medical errors that can cause cerebral palsy include:
- Failure to diagnose, treat or detect an infection
- Failure to detect significant changes in the fetal heart rate monitor
- Failure to perform a Cesarean section when needed
- Failure to diagnose or detect a prolapsed umbilical cord
- Using medical tools improperly, such as forceps and vacuum extractors
This list of medical error is not all-inclusive; however, thousands of cases of cerebral palsy occur every year due to medical malpractice during the birth of a child. If you have any reason to suspect that your physician’s negligence or carelessness was a factor in your baby developing cerebral palsy, you may have a strong medical malpractice case.
In some cases, you may be able to hold the hospital directly responsible for your child’s development of cerebral palsy. A hospital has a duty to ensure that their medical staff has the proper education, training and licensing. Additionally, a hospital has a duty to have an appropriate number of doctors and nurses on staff at all times to maintain the quality of care of patients.
Contact an Experienced Medical Malpractice Attorney
If your child was diagnosed with cerebral palsy, and you have a suspicion that the actions of a medical professional contributed to the development of that condition, contact the personal injury lawyers with Easton & Easton at 800-461-8259 or online today to discuss how our legal team can help you determine your next steps to receive the compensation you deserve.