The brain begins to develop two weeks after conception and continues until our mid-twenties. If a brain injury occurs during prenatal or postnatal development, it can change the course of a child’s life forever.
The high costs of doctor visits, physical therapy, occupational therapy, pharmaceuticals, and assistive care are estimated to be well over one million dollars over a child’s lifetime. Insurance companies do not cover many of these services and of course do not even scratch the surface of the indirect costs such as home and automobile modifications, adaptive clothing, and special education.
Cerebral Palsy is a common result of medical malpractice, causing significant physical, emotional, and financial hardship for families.
This article explores various medical malpractice causes that may lead to Cerebral Palsy in children, covering prenatal, perinatal, and postnatal factors.
If any of these apply to you, The Oshman Firm will help you find legal recourse to pursue a lawsuit for the compensation that is owed to you for the medical negligence you and your child have suffered.
What is Cerebral Palsy?
Cerebral Palsy (CP) is a neurological disorder caused by a non-progressive brain injury or malformation that occurs while the brain is still developing. The disorder affects muscle coordination and body movement and can vary in severity. Although it is classified as a developmental disorder, there are many cases where medical malpractice prior to, during, or shortly after birth can be linked to the development of Cerebral Palsy.
Cerebral Palsy is not a single condition but a group of disorders affecting movement and muscle tone. Some symptoms can include difficulty in coordination, stiff or weak muscles, involuntary movements, and speech impairments.
The causes of CP are diverse but commonly include factors such as oxygen deprivation, premature birth, infections during pregnancy, and genetic predispositions.
The Burden of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care that is expected in the medical community, resulting in harm to a patient.
In the context of Cerebral Palsy, malpractice involves errors in prenatal care, mismanagement during labor and delivery, or inadequate postnatal care. Identifying medical negligence and understanding how it may contribute to Cerebral Palsy is essential for parents considering legal recourse.
Instances of Medical Malpractice Leading to Cerebral Palsy
There are many situations in which medical malpractice can result in Cerebral Palsy in an infant. This list is far from exhaustive, so be sure to consult with medical and legal professionals for your case.
1. Failure to Monitor High-Risk Pregnancies
Certain prenatal conditions, such as gestational diabetes or preeclampsia, increase the risks associated with pregnancy. Healthcare providers must closely monitor mothers with these conditions. Failure to do so can lead to complications that may cause Cerebral Palsy in the child. For example, inadequate monitoring may result in the undetected stress placed on the fetus, leading to oxygen deprivation, which can damage the brain.
2. Inadequate Response to Fetal Distress
During labor, healthcare providers must monitor the fetal heart rate to ensure that the baby is not in distress. If signs of fetal distress are apparent, prompt medical intervention is critical. In cases where a healthcare provider fails to recognize or respond adequately to changes in the fetal heart rate, the baby may suffer from oxygen deprivation, leading to conditions that result in Cerebral Palsy.
3. Improper Use of Delivery Instruments
In some cases, healthcare providers may resort to using forceps or vacuum extraction during delivery to assist with the birth process. If these tools are misused or applied with excessive force, they can cause physical injury to the baby’s brain or neck. This may result in conditions like intraventricular hemorrhage (IVH), which can lead to Cerebral Palsy.
4. Delayed or Incorrect Diagnosis of Birth Injuries
If a baby is born with an injury, timely diagnosis and intervention are crucial. If a healthcare provider fails to recognize signs of brain injury or other complications during the critical early moments after birth, this negligence can contribute to the development of Cerebral Palsy. Early intervention can make a significant difference in outcomes for children at risk of developing CP.
5. Infection During Birth
Certain infections can pose serious risks during labor and delivery. For instance, if a mother’s water breaks prematurely, there is an increased risk of intrauterine infection (chorioamnionitis) affecting both mother and child.
Failure to treat or monitor for such infections can lead to complications resulting in brain injury for the newborn.
6. Anesthesia Errors
Errors related to administering anesthesia during labor can also have grave consequences. Improper dosage or failure to monitor a mother’s response to anesthesia may not only place the mother’s health at risk but can also impair oxygen flow to the baby, leading to potential brain injuries and subsequent Cerebral Palsy.
7. Lack of Postnatal Care
Following birth, some infants may require specialized care if they exhibit signs of distress or developmental delays. If healthcare providers fail to offer appropriate follow-up and evaluations for these at-risk infants, treatable conditions that could prevent Cerebral Palsy may go unaddressed.
Early diagnosis and treatment are essential in improving long-term outcomes for infants displaying abnormal motor functions.
What are the Implications of Cerebral Palsy?
The effects of Cerebral Palsy can be far-reaching. This diagnosis affects both the child’s well-being and the family’s dynamics and quality of life. The implications are physical, psychological, and financial.
- Physical Challenges: CP can limit a child’s mobility, motor skills, and muscle tone, which can make everyday tasks, such as walking, sitting, or holding objects, challenging. It may also cause pain, muscle stiffness, or spasms, affecting overall comfort and physical development.
- Communication Challenges: Depending on the severity, CP can impact speech and communication abilities. This may require speech therapy or augmentative communication devices. Some children may have learning difficulties or cognitive impairments, affecting academic performance and social interactions.
- Emotional and Mental Health: Challenges with physical and social skills can lead to feelings of frustration, isolation, or low self-esteem. Children with CP may also have a higher risk of developing mental health conditions, such as anxiety or depression.
- Financial Strain: Treatment, therapy, equipment, etc. create a financial burden. In some cases, one parent may need to reduce work hours or leave work to provide full-time care, further impacting household income.
- Time Commitment: Caring for a child with CP often requires significant time dedicated to therapies, doctor visits, and daily caregiving, which can affect the time parents can spend with other children or their own social lives.
Seeking Support
Parents may experience emotional stress, anxiety, or even guilt as they navigate the challenges and responsibilities of caring for a child with CP. This can sometimes lead to caregiver burnout or strain on family relationships.
When it comes to coping with a CP diagnosis, resources such as counseling, financial assistance programs, support groups, and community services can be essential. Support networks help you manage these challenges and foster resilience. At the same time, therapy and educational programs can support your child’s development and well-being.
The Legal Process of Cerebral Palsy Cases
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected in their field, resulting in injury or harm to a patient. To establish a case regarding a Cerebral Palsy diagnosis as a result of medical malpractice, certain conditions must be proven.
1. Proof of Medical Negligence
Do you possibly have a medical malpractice case? The following factors must be met to show that medical negligence resulted in injury to your infant:
- Duty of Care: The healthcare provider has a duty to care for the patient
- Breach of Duty: The provider’s actions fell below the accepted standard of care
- Causation: The breach directly caused the injury or condition
- Damages: There were measurable damages due to the injury
2. Attorney Consultation
The first step in a Cerebral Palsy malpractice case is to meet with a qualified medical malpractice attorney who has experience with birth injury cases.
During this consultation, the attorney will assess the viability of the claim based on initial evidence, including medical records, hospital documentation, and any relevant witness statements.
Need an attorney? The Oshman Firm specializes in supporting medical malpractice suits, particularly when there is a Cerebral Palsy diagnosis.
3. Gathering Evidence
If you hire an attorney, they will conduct a thorough investigation, gathering evidence to support your case
This process may include:
- Collecting Medical Records: Obtaining all medical history related to the pregnancy, labor, and delivery.
- Expert Witnesses: Engaging healthcare professionals to review the case and provide expert opinions on whether the standard of care was met.
- Reports and Documentation: Analyzing hospital records, delivery notes, imaging studies, and other pertinent information.
4. Filing a Lawsuit
Once sufficient evidence is gathered, your attorney will file a formal complaint in the appropriate court. This document outlines the plaintiff’s (you) claims against the defendant, detailing how the alleged negligence caused the Cerebral Palsy.
5. Discovery Phase
The discovery process allows both parties to gather information from each other. This is where your attorney digs further into the circumstances that caused your child’s birth injury.
The discovery phase typically includes:
- Interrogatories: Written questions that the opposing party must answer under oath
- Depositions: Sworn testimony from witnesses, including medical professionals and family members
- Document Requests: Requests for additional documents that are relevant to the case
6. Pre-Trial Motions
Before the trial begins, both parties may file motions to resolve specific issues, such as requests to dismiss the case or motions for summary judgment. These decisions can significantly influence how the case proceeds.
7. Trial
If the case does not settle during pre-trial negotiations, it will move to trial.
During the trial, you can expect to hear:
- Opening Statements: Both sides present their case to the jury.
- Presentation of Evidence: Witnesses testify, and evidence is presented.
- Closing Arguments: Both parties summarize their cases for the jury.
8. Verdict and Appeal
After deliberation, the jury will deliver a verdict. If the plaintiff wins, the court will determine the compensation amount. However, either party may choose to appeal the decision if they believe there were errors in the trial process.
9. Settlement Considerations
Many Cerebral Palsy malpractice cases are settled out of court. Settlement negotiations can occur at any point and may lead to compensation that helps cover medical expenses, therapy, and other care-related costs.
Pursuing a Cerebral Palsy medical malpractice case can be complex and emotionally challenging. It’s crucial to have experienced legal representation to navigate the legal landscape effectively. Families affected by Cerebral Palsy deserve justice and compensation to support their ongoing care needs. Engaging legal experts can help establish if there is a valid case and guide families through each step of the legal process.
Work with a Trusted Cerebral Palsy Medical Malpractice Lawyer
Filing and defending a medical malpractice lawsuit is complex, and it’s not recommended that you pursue matters on your own. Between conducting legal research to a thorough investigation, it is best to hire a medical malpractice lawyer to support your case.
At The Oshman Firm, we sympathize with families who are experiencing the financial and emotional implications of a Cerebral Palsy diagnosis. Don’t let this be the end of the road — you have a legal basis to seek compensation. We will vigilantly advocate for your rights and earn you the justice your family deserves.
Contact us today for a free, no-obligation case evaluation.
