When Cerebral Palsy Is Caused by Medical Malpractice
A lot of bad things can happen when someone makes a mistake in the delivery room. One of the most common birth injuries is cerebral palsy. A substantial number of cerebral palsy cases are caused by birth injuries that can be linked to medical malpractice.
If your child has cerebral palsy, they may require a lifetime of medical treatment and other interventions such as physical therapy, educational assistance, and in-home nursing care to allow them to live a happy and fulfilling life. This can generate astronomical costs for you and your family to bear.
What Is Medical Malpractice?
Medical malpractice is when a hospital, doctor, or some other medical professional causes injury to a patient through a negligent act that deviates from the accepted standard of care. To prove medical malpractice, your lawyer must demonstrate how a reasonably competent medical professional would have behaved differently under the same circumstances.
Hospitals are expected to create policies that prevent patient harm. That’s why hospitals and administrators may be held liable for medical malpractice that causes cerebral palsy when they commit the following types of errors:
- Negligent hiring of unqualified or unlicensed personnel
- Insufficient staff training
- Inadequate protocols
- Failure to adequately monitor personnel
- Poorly maintained equipment and facilities
- Lack of on-duty professionals
How Medical Malpractice Causes Cerebral Palsy
Protecting babies from birth injuries begins during the prenatal period. The OB/GYN will monitor the health of both mother and child, screening for conditions that may harm the unborn child. This includes bacterial infections and viruses such as chickenpox, rubella, and CMV. A form of maternal high blood pressure known as preeclampsia may cause cerebral palsy, and it’s important for the OB/GYN to get the proper diagnosis and address this condition.
During the birthing process, the delivery room team must be working in unison and communicating effectively. If there are signs of fetal distress that may cause a lack of oxygen, the OB/GYN may have to perform an emergency C-section.
If a baby is not breathing when born, immediate resuscitation is required to help prevent neurodevelopmental disorders such as cerebral palsy. It’s also important to carefully monitor the child after they are born to prevent jaundice, which may cause a type of brain damage called kernicterus when left untreated.
Medical errors that cause cerebral palsy include:
- Failure to detect fetal distress
- Failure to detect umbilical cord prolapse
- Misuse use of forceps and vacuum extractors
- Excessive pulling on the baby’s head, neck, arm, or shoulder
- Failure to order a timely C-section
- Failure to diagnose and treat prenatal infections and diseases
Linking Birth Injuries to Medical Malpractice
The hospital will probably argue that some intervening act, such as genetic factors and predispositions, caused your child’s cerebral palsy. Demonstrating that your child’s cerebral palsy was caused by medical malpractice requires a high level of technical knowledge. Leventhal Puga Braley P.C. partner Jim Puga focuses his practice on children who have suffered cerebral palsy at the hands of doctors.
Jim has extensive experience representing babies and children who experience serious injuries that result in cerebral palsy. He is a past co-chair of the American Association of Justice’s Birth Trauma Litigation Group and currently serves on the Board of Directors of the AAJ Birth Trauma Litigation Group.
The cerebral palsy birth injury lawyers at Leventhal Puga Braley P.C. will review your child’s case and look for evidence of medical malpractice by examining these types of information:
- Medical bills
- Photographs
- Imaging tests
- Prenatal records
- Birth records
- Internal hospital communications
Was Someone You Love Injured by Medical Malpractice?
Leventhal Puga Braley P.C. is committed to getting justice for people who have been injured by medical malpractice and their families. We have been winning lawsuits and securing record-breaking settlements and verdicts for our clients for over 40 years.
Our Denver attorneys have been recognized by the independent law firm rating agencies Avvo and Super Lawyers for providing clients with outstanding service.
There is no charge for your initial consultation. Give us a call at (303) 759-9945 to learn more today.