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Cerebral Palsy & Medical Malpractice

Is it possible that a medical mistake caused your child's cerebral palsy? Medical malpractice is now considered between the fifth and eighth leading cause of death in the United States. Researchers report that roughly 5 to 10 percent of all patients admitted to hospitals fall victim to medical negligence, whether in the form of a surgical mistake, wrong prescription, birth injury, or other type of error.

Assisting in the birth of a child is a challenging job in the medical profession, and extreme care must be taken during an infant's delivery. An infant's skull is very soft, and its brain tissue is easily injured. Cerebral palsy, which afflicts 1 in 2,000 babies, is sometimes caused by a lack of oxygen to the brain during childbirth and improper handling of the baby's skull.

Other medical mistakes that have caused children to be born with cerebral palsy:

  • Leaving the child in the birth canal too long causing a lack of oxygen to the brain
  • Failure to recognize and treat seizures following delivery
  • Failure to detect a prolapsed cord (the umbilical cord can wrap around the child's neck, cutting off oxygen to the brain)
  • Excessive use of vacuum extraction
  • Improper use of forceps
  • Failure to perform a cesarean section in the presence of fetal distress
  • Not responding to changes in the fetal heart rate
  • Failure to plan a c-section (a large birth weight infant could compromise a normal spontaneous vaginal delivery)
  • Failure to respond to the mothers changing conditions, such as high blood pressure or toxemia
  • Failure to timely diagnose and treat jaundice
  • Failure to timely diagnose and treat meningitis

During the birth, parents are understandably not always aware of what every person is doing, or what procedures are being conducted safely and properly. Here are ways to tell if a medical mistake is the reason for your child's cerebral palsy:

  • Emergency delivery with forceps, vacuum extraction, or cesarean section
  • The baby required resuscitation (CPR) after birth, or oxygen to facilitate breathing
  • The baby was immediately transferred to a different hospital, or to the neonatal intensive care unit
  • The baby suffered seizures within the first few days of life
  • The baby was given an MRI or other form of brain scan after birth
  • A specialist was called in to care for your newborn

Haymond Law is committed to helping those whose lives have been affected by cerebral palsy. We provide personalized representation to families with children who have serious medical conditions including cerebral palsy. Our attorneys pride themselves on personal attention to detail, and will go to clients' homes if they are unable to come to any of their offices.

A statute of limitations applies to cerebral palsy medical malpractice claims, placing time limits on the amount of time families have to pursue a CP medical malpractice case. Contact the attorneys of Haymond Law so that we can valuate your information and contact you to discuss your situation.