Cerebral Palsy Caused by Medical Malpractice? Yes, You Can Sue

Medical MalpracticeIn 70% of cerebral palsy cases, the cause is congenital and develops during pregnancy for different reasons like positioning, injury, or due to a specific disease. While in 10% of cases, it develops while a child’s brain is still developing usually due to an early childhood injury. In 20% of cerebral palsy cases, the condition occurs due to medical malpractice during delivery. There are times when this birth injury is unavoidable, while there are times when it’s avoidable by relevant medical providers.

Medical Malpractice and Cerebral Palsy

This condition could be due to medical errors that led to a decrease in oxygen supply to the baby’s brain. These could include the following:

  • Failing to properly monitor the baby’s heart prior to, and during labor and delivery.
  • Failing to identify or accurately treat infections inside the mother while giving birth.
  • Failing to detect an umbilical cord that prolapsed.
  • Failing to undergo an emergency cesarean section in the event that the baby is simply too big for a normal, vaginal delivery.
  • Failing to or postponing an emergency cesarean section.
  • Outright negligence and unjustifiable errors in using medical instruments such as forceps or vacuum during delivery.

Other Crucial Factors to Consider

Cerebral palsy isn’t a mere disease and it’s not curable. Individuals suffering from cerebral palsy who obtain proper treatment could still go on and live productive and normal lives, says legal professionals in Georgia who have handled cerebral palsy cases. Treatment includes medications, therapies, surgeries, and adaptive equipment for daily living, which may last a lifetime and could cost around $1 million.

If you believe your child’s cerebral palsy is due to medical malpractice, a medical review could determine the cause and whether you have reasonable grounds for a lawsuit. The issues and laws regarding medical malpractice are varied and complicated, with some laws being specific only to some states. It’s best to consult a lawyer in birth injury cases to ensure that your child gets the proper treatment they deserve.