How Medical Malpractice Can Cause Cerebral Palsy

Mistakes made by a doctor or nurse during child birth can often lead to serious injury to the baby. One of the most common and serious injuries cause during child birth is cerebral palsy. This unfortunate disease can be caused during birth due to brain hypoxia or asphyxia, where the unborn child is deprived of oxygen to the brain. In some cases, the disease may have been preventable, had the doctor reacted appropriately to changes fetal heartbeat conditions, or even proper monitoring.

Is the Doctor Responsible for Causing Cerebral Palsy?

This is a very difficult question to answer. There are so many factors that take place during child birth, that isolating a single, causal, mistake on the doctors part becomes very complex. There are several different ways that a doctors actions can cause an injury, such as cerebral palsy.

Failure to Timely Perform a C-Section

One of the most common errors a doctor may make is to delay performing a cesarean section (c-section) upon discovering a change in the fetal heartbeat indicating fetal distress. In these cases, it is absolutely critical that a doctor act immediately to remove the baby to prevent hypoxia of the fetal brain. A failure on the doctors part to immediately begin a c-section procedure may place the liability for the injury on the doctor.

Failure to Monitor the Fetus Properly

Monitoring of the fetal vital signs is essential to safely deliver a newborn. The information provided the medical staff by monitoring systems is required to make sure the doctor and nurse(s) are able to make important decisions regarding the birth procedure in a timely fashion. If the doctor or hospital staff ignores the monitoring equipment for any significant period of time may put them at fault for any resulting birth injury. The flow of oxygen to the infants brain espescially is a factor which, if not monitored properly, may lead to a life altering injury such as cerebral palsy.

What Legal Rights Do Parents Have?

In cases of medical malpractice during childbirth, the parent may choose to seek compensation for the injuries their child has suffered. Medical malpractice tort laws allow the victims to receive money for all associated medical expenses, cost of caring for a child with cerebral palsy, compensation for pain and suffering, and other associated damages. While no amount of money can give the baby it's health back, recovery of money to help pay for a life of special requirements can help alleviate some of the burden for the parents and child.

Should I Talk to a Lawyer?

If you or a loved one has been affected by cerebral palsy caused during birth, then it may be a good idea to talk to a qualified medical malpractice lawyer. These specialized attorneys are uniquely qualified to assess your case and determine the best options for receiving compensation. Most medical malpractice attorney will offer a free consultation where the victims can discuss their case and get legal advice and guidance from a professional.