Birth Injuries: Medical Malpractice and Cerebral Palsy

Cerebral palsy is often attributed to complications during the birth of a child, such as head injury, infection, and/or lack of oxygen to the baby. Cerebral palsy is a common birth injury that affects thousands of babies each year. Caring for a child who was injured at birth is a lifetime challenge and the cost of caring for them can be financially devestating for the parents.

Cerebral palsy may not be immediately apparent to the parent, but it is common for signs and symptoms to show up in the first year of the child’s life. If your child begins to show any warning signs, such as, poor coordination, stiff muscles, unusual posture, delayed smiling or crawling,  or involuntary movements, then you should have him immediately evaluated by a doctor.

The Medical Malpractice Claim

The burden is on the injured party to prove that the doctor violated the accepted "standard of care" and also that the violation was the direct cause of the injury. Some errors by health care professionals include: failing to detect birth defects/other complications, mismanaged labor and delivery, forceful use of birthing instruments, etc). Depending on the facts of your case, the delivery doctor, nursing staff, and/or hospital may be held liable for your child’s condition.

Damages for Childbirth Malpractice

Damages for a cerebral palsy case may include past and future:

• Loss of earning capacity
• Medical Expenses
• Emotional distress
• Loss of wages
• Costs for the special needs of your child

If you believe your child’s condition may have been caused by the delivering doctor’s negligence, contact a medical malpractice attorney immediately.