Cerebral palsy is a medical injury suffered by an infant before, during, or after the birthing process. In many cases, birth asphyxia and hypoxic-ischemic encephalopathy (HIE) result in infants receiving the diagnosis of cerebral palsy. Unfortunately, the brain damage that occurs during these events is permanent. Children diagnosed with cerebral palsy will have life-long medical, physical, and psychological challenges. They may have a loss of muscle control, muscle tone, lack of strong reflexes and coordination, poor balance and posture, and emotional and physical harm. While the seriousness of every child’s cerebral palsy will be different, in most cases the diagnosis of cerebral palsy is the direct result of medical negligence of a medical or healthcare provider during the delivery of the baby.
Medical Negligence and Cerebral Palsy
When an infant does not receive enough oxygen to the brain, the infant may develop neurological and physical damage. Thousands of cases of cerebral palsy are diagnosed in the United States every year. The tragedy is that in most cases, cerebral palsy is a completely preventable medical condition. If healthcare and medical professionals take appropriate and proper steps during the birthing process, the risks of cerebral palsy diminish substantially. Some of the types of medical negligence that may result in cerebral palsy may include:
- Failure to diagnose or treat an infection in either the mother or infant
- Failure to monitor the heart rate of the mother with a fetal heart rate monitor
- Failure to monitor the overall health of the mother during the birthing process to identify any possible medical emergencies
- Failure to make the decision to perform a Cesarean Section in time to prevent cerebral palsy
- Failure to diagnose or treat a prolapsed umbilical cord
- Failure to appropriately use medical extraction tools such as a vacuum extractor or forceps to remove the baby from the birth canal
Foundation for a Medical Malpractice Case
If your child was diagnosed with cerebral palsy, you may not know how medical negligence actually caused this diagnosis in your child. Building a strong medical malpractice case for cerebral palsy may involve an independent investigation into the birth of your child and the entire birthing process. If your baby was born prematurely, or even on time, the nursing and medical staff had a duty and responsibility to ensure that the child had every opportunity for a healthy life. If an investigation discovers that a medical practitioner involved in the birthing process failed in their duties, resulting in cerebral palsy, you may have the legal right to pursue justice on behalf of your child.
Contact an Experienced Medical Malpractice Attorney
While no amount of money will ever replace the health of your child, you may face a life of medical bills due to your child’s diagnosis, and your child may have to endure a lifetime of pain and suffering. You may have the legal right to pursue compensation on behalf of your child, and an experienced medical malpractice attorney Griggs Injury Law can help. Call us today at (816) 474-0202. We would welcome the opportunity to consult with you and help you understand your legal rights.