Medical negligence committed at and during the time of a baby’s birth may cause Cerebral Palsy. Below, Gary Wais has listed a number of negligent actions or lack of actions by doctors and health care providers that can cause Cerebral Palsy. If any of these happened to your baby, then you may have a medical malpractice claim.
By Gary Wais
Cerebral Palsy is a general diagnostic classification referring to a variety of neurological injuries to infants which occur at or around the time of childbirth. Most Cerebral Palsy injuries result from not enough oxygen delivery to the infant during the birth process although other problems, such as severe elevated bilirubin, can also cause Cerebral Palsy.
Shockingly, Cerebral Palsy organizations state that most cases of Cerebral Palsy could have been avoided. The disease is cruel because a few seconds of neglect at or around the time of childbirth can cause a lifetime of crippling misery for the child.
When the condition is caused by medical mistake, the family has the right to sue the hospital and or medical personnel who provided the treatment. A number of lawyers specialize in Cerebral Palsy malpractice and provide free consultations to victims and their families.
While all medical malpractice have a limited period of time after the injury during which the victim can to go to court, because Cerebral Palsy affects infants who are too young to represent themselves, the time constraints are different. In Maryland, for example, while every child has the right to bring a medical malpractice claim to court until they reach the age of 21, if the child suffers from a type of cerebral palsy that affects the brain or has caused developmental retardation then the child has an unlimited amount of time to bring his case before the court.
If you or a child of yours is suffering from Cerebral Palsy, and you are wondering if the condition was caused by medical negligence, compare this list of the most common medical mistakes that cause Cerebral Palsy to the facts of your birth or your child’s birth.
These are some of the medical mistakes that can take place before childbirth:
– Failure to recognize and properly treat high blood pressure or toxemia in the child’s mother.
– Failure to order a Cesarean Section if the baby is high birth weight or if there are other medical reasons why the baby should not be delivered vaginally.
– Failure to diagnose fetal compromise and treat appropriately
– Failure to terminate the pregnancy if so indicated
These are physician errors that can occur during the childbirth:
– Failure to recognize the presence of a prolapsed umbilical cord. In this condition, the cord becomes wrapped around the baby and the subsequent pressure on the cord causes lack of proper oxygen delivery to the fetal brain,
– Failure to recognize and properly treat fetal compromise during delivery,
– Leaving the child in the birth canal too long, resulting in lack of oxygen delivery to the brain,
– Improper or excessive use of the vacuum extractor
– Improper use of forceps,
These are medical errors that can occur after delivery:
– Failure to recognize and treat seizures following delivery,
– Failure to diagnose and treat jaundice in a timely manner,
– Failure to diagnose and treat meningitis in a newborn
– Failure of the doctor or staff to properly monitor the infant’s vital signs.
If you believe any of these errors may have occurred during your child’s birth or during your own birth, you should call a medical malpractice lawyer who specializes in birth injury malpractice. He will listen to your story and make a determination if, in his opinion, you have a valid medical malpractice claim.
The above information is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.