This condition is caused by an injury to the brain before, during, or shortly after birth which may be as a result of medical malpractice. Cerebral palsy attorneys are called upon to investigate thousands of these claims every year however most cases are not caused by negligence but are a naturally occurring phenomena resulting from a failure of the brain to develop properly. Many children have been born with a congenital malformation of the brain rather than having been injured as a result of negligence. If there is a positive diagnosis then a congenital malformation (‘birth defect’) is initially suspected when there is an absence of the recognized cerebral palsy risk factors of medical malpractice.
Risk factors that are considered by cerebral palsy attorneys in determining medical malpractice and should be considered by healthcare professionals when determining care requirements which may predispose an unborn child to brain injury include:
- contraction of certain infections including rubella, toxoplasmosis and cytomegalovirus
- low birth weight infant
- exposure during pregnancy to alcohol, cigarettes, cocaine and some other chemicals
- severe physical trauma during pregnancy
- the child being born pre-term
If you are considering consulting cerebral palsy attorneys because you suspect that your child’s condition may have been caused by medical malpractice there are a number of possible indicators that all was not well during the birth. Whilst the items on the following list are not exhaustive it may be sensible to investigate the possibility of medical malpractice if any of them occurred during delivery:
- emergency delivery by caesarian section
- emergency delivery with forceps
- resuscitation or CPR after birth
- seizures immediately after birth
- seizures within the first 3-4 days of life
- transfer to an intensive care unit
- special testing after birth
- oxygen required to facilitate breathing shortly after birth
- MRI scan, CT scan or brain scan
- a specialist was in attendance
The delivery of a child can result in numerous problems many of which can cause serious injury or death. Cerebral palsy attorneys will initially obtain and review the medical records relating to the delivery and in particular will be looking for evidence of the most obvious causes of negligence before sending the records on for detailed consideration by a specialist physician. The most common errors made during delivery include:
- failure to treat seizures following delivery
- leaving the child in the birth canal for an excessive period
- improper vacuum extraction
- failure to detect a prolapsed umbilical cord reducing oxygen supply
- improper use of delivery forceps
- failure to respond to changes in the fetal heart rate
- failure to plan a caesarean section for a potentially large birth weight
- failure to perform a caesarean section in the presence of fetal distress
- failure to diagnose and treat kernicterus or meningitis
- failure to respond to the mother's high blood pressure or toxemia
Medical mistakes are responsible for many birth injury cases and it would be impossible for a parent, alone, to determine if malpractice caused their child's birth injury. It is only through the concerted efforts of specialist lawyers that the cause can be ascertained. Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
