Frischman & Rizza

Cerebral Palsy From Medical Malpractice: What You Should Know

Cerebral Palsy (CP) refers to a group of congenital disorders of movement, muscle tone or posture. According to official statistics, CP affects approximately 764,000 children and adults in America, and as many as 10,000 children are diagnosed with varying degrees of CP each year, making it the most common type of childhood disability.

While some babies are born with the disorder, some are victims of negligent medical personnel. About 10% of those affected by CP develop the condition as a result of medical malpractices, leaving both the parents and babies in a devastating condition.

What Are The Causes Of Cerebral Palsy?

Cerebral Palsy can result from two types of brain damage – developmental brain malformation or neurological damage. Although the causes of brain malformation are often unknown, experts have, however, traced abnormal brain development to factors such as genetic disorders, inadequate blood supply to the brain and chromosome abnormalities.

Some of the other factors include:

  • Trauma or injury caused by a difficult labor and delivery
  • Infections during pregnancy
  • Jaundice
  • Rh incompatibility
  • Severe oxygen shortage in the brain
  • Stroke (often precipitated by bleeding in the brain)

How Can Medical Malpractices Cause Cerebral Palsy?

Medical malpractices can cause a number of developmental and neurological complications, including CP. Conditions such as hypoxia (lack of enough oxygen to the brain) and premature delivery have been identified as the leading causes of neurological damage that may cause CP. Unfortunately, some of these causes could stem from medical malpractice.

Some of the examples of medical malpractices that can lead to CP include:

  • Failure to detect changes in fetal heart rate monitor
  • Failure to diagnose and/or properly treat infections
  • Failure to schedule or perform a medically advisable cesarean section
  • Failure to detect a prolapsed umbilical cord
  • Improper use of delivery tools, such as vacuum extractors and forceps

Who Can You Hold Liable For Your Child’s CP?

You can file medical malpractice lawsuits against an individual physician or against the hospital as a whole, depending on the circumstances surrounding your case. In the case of hospital negligence, you can hold the hospital liable for their failure to an environment that’s reasonably safe and sterile to you and your baby.

CP lawsuits generally require that you provide evidence that your child’s condition could have been prevented by a more attentive and more careful medical staff or facility. For this to be established, investigation will have to show that the medical staff or hospital showed signs of neglect or malpractice and that your child truly exhibited some signs of birth injury.

Do you think your child’s CP is caused by medical malpractice?

The team of experienced CP litigation lawyers at Frischman & Rizza can help review your case, investigate the circumstances surrounding your child’s birth and pursue the highest financial claim against the at-faulty medical staff and/or facility. For more information, visit their  official website or call (877) 58-FIGHT.

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