Birth Injury Attorneys

Cerebral Palsy: When Do I Have a Medical Malpractice Case?

Cerebral Palsy is one of the most common developmental disabilities among children in the United States. Between 8,000 and 10,000 new cases are diagnosed each year, and there are roughly 764,000 adults and children living with one or more symptoms of the disability. So a big question for people with the disability or with children who are affected by it is, “was our case caused by medical malpractice?” We’ve found that roughly 20 percent of cases are due to medical malpractice. Here’s how.

Pregnancy

Cerebral Palsy can be caused by many factors before birth. During pregnancy, this disability can be caused by a failure to detect and properly treat infections in the mother, failure to detect a prolapsed umbilical cord, and failure to plan and schedule a cesarean section when a baby is too large for a safe delivery.

Birth

There are also failures during the process of birth that can lead to cerebral palsy, including failure to properly monitor heart rate before and during labor and birth, delay or failure to perform a medically necessary cesarean section, or negligence and avoidable mistakes caused by the use of a vacuum or forceps during labor.

The Result

Cerebral palsy, in the realm of medical malpractice, is typically caused by a lack of oxygen to the brain before or during labor which can hinder body movement and muscle coordination. It’s important to remember that it is not a disease, and there is no cure.

Quality of life and health care costs can last a lifetime.

Remember, not all cases of this disability are caused by medical malpractice, so it’s important that you have a medical review performed by a professional to find the real cause. And if that review discovers that medical malpractice was to blame, you’ll need the help of someone with in-depth medical malpractice experience. At Prochaska, Howell & Prochaska LLC, we have an extensive history with cerebral palsy cases.


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