Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and motor skills. It is often caused by brain injury or abnormal brain development, typically occurring before, during, or shortly after birth. When CP results from medical negligence or errors during the birthing process, affected families may have grounds for a legal claim. This article explores the legal aspects of birth-related cerebral palsy, including potential causes, how to determine if you have a legal claim, and the steps involved in pursuing a lawsuit. The Oshman Firm can help guide you through this!
Understanding Cerebral Palsy and Its Causes
Cerebral palsy is a non-progressive condition, meaning it does not worsen over time. It affects movement and posture, and can also impact speech, vision, hearing, and cognitive function. CP is classified into several types, including spastic, dyskinetic, ataxic, and mixed forms, each with varying degrees of severity.
Common Causes of Cerebral Palsy
While many cases of CP have no known cause, several factors can contribute to its development:
- Prenatal Factors: Infections during pregnancy, such as rubella or cytomegalovirus, can increase the risk of CP.
- Perinatal Factors: Complications during labor and delivery, such as oxygen deprivation (hypoxia), can lead to brain injury.
- Postnatal Factors: Severe jaundice or infections in the newborn period can also cause brain damage.
Birth-Related Causes of Cerebral Palsy
Some cases of CP are directly related to events during labor and delivery. These may include:
- Hypoxic-Ischemic Encephalopathy (HIE): A condition resulting from a lack of oxygen and blood flow to the baby’s brain during or shortly after birth.
- Birth Trauma: Physical injury to the baby’s brain during delivery, often due to the use of forceps or vacuum extraction.
- Delayed or Improper Response to Fetal Distress: Failure to monitor or respond appropriately to signs of fetal distress can lead to brain injury.
Medical Negligence and Birth Injury Lawsuits
When cerebral palsy results from medical negligence during childbirth, families may have the right to pursue a birth injury lawsuit. Medical negligence occurs when a healthcare provider fails to meet the standard of care, leading to harm. In the context of childbirth, this can involve:
- Failure to Monitor Fetal Heart Rate: Not detecting signs of fetal distress.
- Delayed or Improper Use of Cesarean Section: Not performing a timely C-section when necessary.
- Improper Use of Delivery Instruments: Using forceps or vacuum extraction incorrectly.
- Failure to Respond to Complications: Not addressing complications like umbilical cord prolapse or shoulder dystocia promptly.
Elements of a Birth Injury Lawsuit
To succeed in a birth injury lawsuit, the following elements must generally be proven:
- Duty of Care: The healthcare provider owed a duty to provide competent medical care.
- Breach of Duty: The provider breached that duty through negligence or substandard care.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in verifiable harm, such as medical expenses, pain and suffering, or loss of quality of life.
Determining If You Have a Legal Case
Not all cases of cerebral palsy are due to medical negligence. To determine if you have a legal case, consider the following steps:
1. Review Medical Records
Obtain and review all medical records related to the pregnancy, labor, and delivery. Look for any indications of complications, such as:
- Abnormal fetal heart rates
- Delays in delivery
- Use of delivery instruments
- Signs of fetal distress
2. Consult Medical Experts
Engage medical professionals to review the case. They can assess whether the standard of care was met and if any deviations may have contributed to the injury.
3. Legal Consultation
Consult with an attorney specializing in birth injury or medical malpractice law. They can evaluate the strength of your case, explain legal options, and guide you through the process.
Steps to Take If You Suspect Medical Negligence
If you believe your child’s cerebral palsy was caused by medical negligence, consider the following steps:
1. Seek Immediate Medical Attention
Ensure your child receives appropriate medical care for their condition. Follow their medical recommendations for their future care.
2. Document Everything
Keep detailed records of all medical treatments, communications with healthcare providers, and any observations related to your child’s condition.
3. Consult with Legal and Medical Professionals
Engage professionals like those at The Oshman Firm who can assess the situation and provide guidance on potential legal actions.
4. File a Lawsuit Within the Statute of Limitations
Be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In New York, for example, the statute of limitations for medical malpractice or cerebral palsy legal cases involving minors is generally 10 years from the date of the alleged malpractice or 2.5 years from the date the injury was discovered, whichever is later.
Potential Compensation in Birth Injury Lawsuits
If a lawsuit is successful, compensation may cover various damages, including:
- Medical Expenses: Costs for surgeries, therapies, medications, and ongoing care.
- Pain and Suffering: Compensation for physical and emotional distress.
- Lost Income: If parents must reduce work hours or leave employment to care for the child.
- Future Care Costs: Anticipated expenses for long-term care and support.
Challenges in Birth Injury Lawsuits
Pursuing a birth injury lawsuit can be complex and challenging. Some of the obstacles families may face include:
- Proving Negligence: Demonstrating that medical negligence directly caused the injury.
- Expert Testimony: Securing credible medical experts to testify.
- High Legal Costs: Birth injury lawsuits can be expensive, and legal fees may be substantial.
- Emotional Strain: The process can be emotionally taxing for families already dealing with a child’s medical needs.
Final Thoughts
Cerebral palsy legal cases caused by medical negligence during birth can have profound effects on a child’s life and the lives of their family members. While not all cases of CP are due to medical errors, those that are may provide grounds for a legal claim. Families considering legal action should consult with experienced medical malpractice attorneys like at The Oshman Firm to understand their rights and options. By doing so, they can ensure that their child’s needs are met and that accountability is pursued.
If you believe your child’s cerebral palsy was caused by medical negligence, it’s crucial to act promptly. Legal time limits apply, and early consultation with legal and medical professionals can help determine the best course of action. Remember, you are not alone—support and resources are available to help guide you through this challenging journey!
Sources:
- National Institute of Neurological Disorders and Stroke. “Cerebral Palsy Information Page.” National Institute of Neurological Disorders and Stroke, 19 Jul. 2024
- Patel DR, Neelakantan M, Pandher K, Merrick J. Cerebral palsy in children: a clinical overview. Transl Pediatr. 2020 Feb;9 (Suppl 1):S125-S135. doi: 10.21037/tp.2020.01.01. PMID: 32206590; PMCID: PMC7082248.
- Stavsky M, Mor O, Mastrolia SA, et al. Cerebral palsy-trends in epidemiology and recent development in prenatal mechanisms of disease, treatment, and prevention. Front Pediatr 2017;5:21. 10.3389/fped.2017.00021
