Can I Sue a Doctor for Causing My Child’s Cerebral Palsy?

 Posted on February 16,2021 in Medical Malpractice

Cerebral palsy is a movement disorder that causes a range of debilitating symptoms. A child with cerebral palsy may suffer from difficulty controlling his or her muscles, vision and hearing problems, difficulty eating and speaking, seizures, and more. About a third of cerebral palsy sufferers also experience intellectual and learning impairments. The causes of cerebral palsy are not fully understood, however, there are cases in which a child’s cerebral palsy is caused by a doctor’s failure to provide competent medical care during pregnancy, labor, or delivery.  

Causes of Cerebral Palsy

Cerebral palsy is most commonly caused by atypical brain development before, during, or shortly after a child’s birth. Many different types of factors can cause a child to develop cerebral palsy, including:

• Maternal infections
• Reduced blood to the infant’s brain or fetal stroke
• Brain bleeds
• Infant infections
• Traumatic head injury
• Lack of oxygen to the brain

Medical Negligence Can Lead to Cerebral Palsy

Medical professionals have a legal obligation to provide medical care that meets the accepted medical standard. If an obstetrician or other medical professional makes a mistake or uses poor judgment and this leads to a patient’s injury or death, the medical professional may be liable for damages.

Some cases of cerebral palsy are preventable. If a doctor or other medical professional had made a different decision, the child would not be left with this lifelong medical condition. Examples of negligent medical care that may lead to cerebral palsy include:

• Failure to account for the mother’s medical conditions such as diabetes or blood pressure problems
• Inadequate monitoring of the infant’s heart rate during birth
• Use of excessive force during delivery that injures the baby’s head
• Incorrectly handling complications that reduce the amount of oxygen to the baby’s head such as shoulder dystocia
• Improper use of delivery assistive tools like vacuum extractors or forceps
• Failure to diagnose maternal or fetal infections
• Failure to prevent premature delivery

Damages in a Cerebral Palsy Medical Malpractice Case

If your child has cerebral palsy because of substandard medical care, you may be able to bring a medical malpractice claim against the liable party. A medical malpractice claim can help you hold the at-fault party accountable for your child’s injury and recover financial compensation for your damages. You may be able to recover compensation for past and future medical expenses, medical equipment, assistive devices, accessibility modifications to your home, pain and suffering, and more.

Contact a Palatine Cerebral Palsy Lawyer

If your child has cerebral palsy, it is possible that his or her condition was caused by negligent medical care. An Arlington Heights birth injury attorney from Newland & Newland, LLP can investigate your case and help you hold the at-fault party accountable. Call 847-797-8000 for a free consultation.

Sources:

https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Hope-Through-Research/Cerebral-Palsy-Hope-Through-Research