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Should I Pursue a Medical Malpractice Lawsuit for a Cerebral Palsy Birth Injury

Should I pursue a medical malpractice lawsuit for a cerebral palsy birth injury? This is a question you may be considering if your child suffered a cerebral palsy birth injury that you believe was due to medical malpractice.

Cerebral palsy is a medical term for several neurological disorders that impede muscle coordination and body movement. It is not a disease. In many instances, cerebral palsy is the result of hypoxia, which is not enough oxygen getting to an infant’s brain during labor or birth.

The majority of children with cerebral palsy are born with it. This is true even though it may not be diagnosed until a few years later.

Will not get worse


Cerebral palsy is what is referred to as a “non-progressive” disorder. What this means is that however serious and debilitating it may be at its beginning, it will not get worse with the passing of time.

It should be pointed out that cerebral palsy is not always the result of medical malpractice. However, when there is a cerebral palsy birth injury due to medical malpractice, there are several possible causes that include:

Failure to plan and execute a cesarean section procedure when the infant is too big to go through the birth canal safely

Negligence and unreasonable mistakes in the use of instruments, such as forceps and vacuum during delivery

Failing to detect and/or properly treat infections in the mother during pregnancy, such as meningitis

Delaying or failing to perform a cesarean section procedure that was medically necessary

Failing to detect a prolapsed umbilical cord

Failing to properly monitor the baby’s fetal heart rate both before and during labor and birth.

As mentioned earlier, cerebral palsy is a medical term for more than one disorder. The most common forms of cerebral palsy are:

Spastic cerebral palsy - This is the most common form that most children have. This type of cerebral palsy makes movement hard because it causes muscles to stiffen.

Athetotic cerebral palsy - This form of cerebral palsy is also known as extrapyramidal cerebral palsy. Around one in five people who have cerebral palsy have this type of the disorder. In most instances, it brings about slow, uncontrolled movement due to the fact that it affects all of the body.

Ataxic cerebral palsy - This is the rarest type of cerebral palsy. It affects both
balance and coordination.

If you believe that your child’s cerebral palsy was caused by a cerebral palsy birth injury that resulted from medical malpractice, you should know that a medical malpractice lawsuit is usually very complex from both a medical and legal standpoint. In most cases, a medical malpractice lawsuit for a cerebral palsy birth injury includes complicated questions of liability and highly technical treatment issues.

For this and other reasons, you should not pursue a cerebral palsy birth injury lawsuit on your own. The wise thing to do is to let a personal injury attorney evaluate your child’s case at no cost or obligation to you. A personal injury attorney can help you get the money you deserve that can pay for your child’s therapies and medical care.

Article written by James Shugart

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