Cerebral Palsy Due to Negligence During Childbirth

Cerebral palsy is a disorder of the brain that affects about 10,000 children born in the US each year. Statistics show that cerebral palsy affects 2 out of every 1,000 baby born. While most occurrences of cerebral palsy are believed to be caused by damage to the motor control center of the brain, CP can also be caused by damage done during delivery.

In certain cases, cerebral palsy may have been preventable had a doctor or hospital staff member performed properly when providing care.  Whether it was lack of proper monitoring during pregnancy or a mishandling of labor or delivery, medical negligence by a doctor or other medical staff can have a life-long debilitating impact on the health of the baby.

How Can a Doctor be Liable for Cerebral Palsy?

In some cases, cerebral palsy caused during birth was the result of a preventable medical negligence.  There are a wide variety of negligent acts or omissions that a doctor can be responsible for during labor or delivery, and which can cause a birth injury such as CP.

Some examples include:

• Improper use of vacuum extraction or forceps during assisted delivery
• Failure to detect umbilical cord problems such as a prolapsed cord. This can lead to oxygen deprivation and result in brain damage.
• Failure to perform a cesarean section (c-section) in a timely manner in response to fetal distress or prolapsed cord.
• Failure to treat seizures after childbirth
• Improper monitoring of the baby’s vital signs during labor or delivery

In a case where a doctor or his staff failed, in any way, to perform according to the required standard of care, each may be held liable for any injury or illness, such as cerebral palsy.

Why Sue for a Doctor’s Negligence?

Most people are not out to file a lawsuit against their doctor. These are the professionals we look to maintain our health, and ensure our children are born healthy. However, they are also professionals that must be held to a non-negligent standard, just as we as drivers of an automobile must do so non-negligently.

Doctors carry medical malpractice insurance, which is ultimately the entity that will be defending the lawsuit and paying the settlement or court award for medical malpractice lawsuits. Unless the doctor acted in a way that was grossly negligent and requires revocation of the medical license, he or she will continue to practice medicine.

The real purpose of the lawsuit is to compensate the family of the injured child for the medical expenses, pain and suffering, and the expense of special care throughout the life of the injured child.

How to Determine if a Birth Injury Resulted from Medical Malpractice

Determining the validity of a medical malpractice case is complicated, and anyone concerned that he, she, or a loved one may have been caused harm by the negligence of a doctor, should talk to an attorney with experience in these types of cases.

Most medical malpractice attorneys offer a free consultation where the victim can discuss the specific details of each case and get professional legal advice regarding the options. It’s important to get legal guidance from a seasoned professional before making any decisions regarding a case of medical malpractice.