Proving Medical Malpractice as a Parent of a Child with Cerebral Palsy

Feb 21, 2024 | Education, Family

Medical malpractice is one of the worst acts of negligence. The fact that someone as trustworthy as a doctor or a nurse could slack off on their job is a horrible thought to process. Also, there are chances that the negligence can have life-altering effects on the victim. All this can make the lives of the medical malpractice victim and their loved ones very difficult.

One category of medical malpractice that is downright evil is negligence related to childbirth. A newborn is one of the most vulnerable beings on the planet. They must be handled with the utmost care. But some medical professionals try to rush through or do a half-hearted job, risking the life of the newborn in the process.

If your newborn is a victim of medical malpractice, then it’s essential to work with a skilled birth injury lawyer. These lawyers use their skills and experience to help the parents of medical malpractice victims get justice. And when you talk about birth injury attorneys, you simply can’t ignore the experienced lawyers at Crandall & Pera Law. With over five decades of injury law experience, these lawyers assure skilled and compassionate legal representation when you need it the most.

When the topic of childbirth negligence is discussed, a few health conditions commonly pop up. They are:

  • Brain Damage
  • Cerebral Palsy (CP)
  • Newborn Jaundice
  • Spinal Cord Injuries
  • Skull Fractures
  • Kernicterus
  • Intrauterine fetal demise (IUFD)
  • Newborn Cephalohematoma

This article talks about cerebral palsy in detail and the legal actions one needs to take to prove it.

Cerebral Palsy

Cerebral palsy is a group of disorders that are seen in newborns. It impacts the movement and posture of a person. CP may force the child to be completely reliant on others for the rest of their life.

It is important to identify the warning signs of CP. The symptoms vary depending on the child’s age.

Symptoms: Younger than 6 Months of Age

  • The head hangs back when the baby is picked up while lying on their back
  • The body either feels too stiff or floppy
  • An overstretching back and neck when the baby is held
  • Stiff or crisscrossed legs

Symptoms: Older than 6 Months of Age

  • Inability to roll in either direction
  • Inability to bring hands together
  • Difficulty reaching the mouth with the baby’s hands
  • The baby extends only one arm while the other remains fisted

Symptoms: Older than 10 Months of Age

  • Lopsided crawling with one hand and leg while dragging the opposite hand and leg
  • Baby doesn’t crawl on all fours

Now that you’ve understood what CP is and what its symptoms are, the next step is to take legal action against the concerned parties.

Seeking Justice for Medical Malpractice

Once you have identified the symptoms, the next step is to find an experienced cerebral palsy lawyer. The lawyer will prove that:

  • The medical practitioner owed a duty of care to the patient
  • The medical practitioner’s actions didn’t meet the standard of care that was expected from them, causing a breach of duty
  • There is a link between the negligence and the baby’s current condition (CP)

It is important for parents to prove each step before moving on to the next. This is because, without owing the duty of care, the medical professional couldn’t have come in contact with the victim. And, unless the medical professional was negligent, the victim wouldn’t have suffered the condition.

There are multiple ways in which the negligence of medical professionals causes CP. Some instances are mentioned below.

  • Ignored or did not detect fetal distress
  • Did not perform a C-section when necessary
  • Did not notice the identifying signs of an umbilical cord prolapse
  • Failure to identify and/or treat infections
  • Improper use of delivery tools like forceps

Once negligence has been proven with the assistance of a child injury attorney, the next step is to prepare an estimate and seek compensation. The recoverable damages in a CP lawsuit include:

  • Hospitalization expenses
  • Medication
  • Speech therapy
  • Physical therapy
  • Occupational therapy
  • Doctor visits
  • The parents’ lost wages

Get in touch with a birth injury lawyer to find out what your case is worth and bring the negligent parties to justice.

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