Cerebral Palsy and Medical Malpractice

Cerebral palsy is a birth injury occurring when your child suffers brain damage prior to, during, or shortly after birth. The disorder results in issues with muscle control and body movement. Approximately 8,000 babies are born with cerebral palsy every year.

In many cases, cerebral palsy is caused during prenatal care and can be due to a combination of factors, including: 

  •  Infections or other medical disorders in the mother during pregnancy that affect the developing fetus
  • Birth defects affecting the brain, spinal cord, head, face, or lungs
  • Genetic predisposition
  • Fetal stroke
  • Lack of oxygen to the brain due to birth complications
  • Infant infections causing inflammation in or around the brain
  • Premature birth
  • Low birth weight
  • Rh incompatibility between mother and child
  • Jaundice
  • Traumatic brain injury after birth

Cerebral Palsy Symptoms

Symptoms of cerebral palsy may vary depending on the nature and severity of your child’s birth injury. However, all symptoms are related to movement and coordination issues. The most common symptoms involve a delay in reaching motor skill milestones such as pushing up on the arms, sitting up, crawling, or smiling. Other symptoms may include:

  • Muscle tone that is too rigid or too floppy
  • Lack of muscle coordination
  • Tremors or involuntary movements
  • Favoring one side of the body
  • Difficulty walking
  • Excessive drooling or difficulty swallowing
  • Delays in speech development

Your child’s impairment may affect only one side of the body, or it may impact the entire body. The symptoms of cerebral palsy generally do not change over time or become more severe as your child gets older.

Cerebral Palsy Due to Medical Malpractice

Unfortunately, there are times when your child’s cerebral palsy could have been prevented if your doctor took the proper care during delivery. When cerebral palsy is caused by the negligent actions of a doctor, it constitutes medical malpractice and you may be entitled to seek compensation for your child’s damages.

Examples of medical errors that may cause cerebral palsy include:

  • Failure to perform a Caesarean section in a timely manner
  • Failure to diagnose infection in the mother during childbirth
  • Improper use of vacuum or forceps
  • Failure to properly monitor fetal heart rate and respond appropriately
  • Failure to treat seizures following delivery
  • Failure to recognize and handle a prolapsed umbilical cord
  • Leaving the child in the birth canal for too long
  • Failure to plan a Caesarean section when it is necessary for the safety of the mother and child

If you believe that your child’s birth injury was due to medical malpractice, you should consult an experienced medical malpractice lawyer at once. These are highly complex cases, and you will need the help of an attorney who can evaluate the evidence to conclusively prove that your doctor acted negligently.

Your child may require extensive long term care to manage this condition. It is important to hold the negligent doctor accountable so that you receive the compensation necessary to provide your child with the care he or she deserves after this tragic event.