Cerebral Palsy And Medical Negligence Cases

Whenever talking about traumatic brain injuries, people think solely about horrible automobile accidents, a blow to a head region due to criminal assailants or some sports related injuries. We rarely tend to think about cerebral palsy caused by medical negligence. When referring to the newborns that ended up with this horrible condition because of the negligence of a doctor or another healthcare professional, things are incredibly traumatic. Around 8,000 infants that are born in the US alone are affected by such a situation.

A huge problem with cerebral palsy is that it is not normally detected at birth. Close to 70% of the children that have cerebral palsy are basically born with factors that can cause the condition. An extra 20% will develop cerebral palsy because of injuries that happen during birth. Just 10 percent of the children will be faced with a scenario that involves factors that appeared after birth. In this case we normally say that we are faced with “acquired cerebral palsy”. An example of such a situation is an infection that appears because of the appearance of viral encephalitis.

We do not have just one cerebral palsy cause that can be mentioned. According to professional research, various factors have been proven to be connected with cerebral palsy. There are some that are completely unavoidable or naturally occurring phenomena but others will be attributed to mother or doctor medical negligence. Examples include:

  • Birth asphyxia – a condition where the brain of the fetus is faced with a lack of oxygen.
  • Material intra-uterine infections – examples include rubella, German measles and toxoplasmosis.
  • Breech deliveries – the fetus will appear for delivery in an improper position.
  • In utero strokes.
  • Rh incompatibility.
  • Maternal substance abuse – including cocaine, malnutrition and cigarettes.

In so many of the 20% birthing process problems mentioned above, the injury is preventable. Cerebral palsy caused directly by delivery problems only account one percent of the cases.

The congenital cerebral palsy will result from various errors possible during the delivery process and during labor. Many errors include reading the fetal heart rate monitor improperly or not monitoring the condition of the fetus. Some of the problems that are common in these situations include:

  • Doctors that do not respond or are way too slow in responding to the calls of the nursing staff.
  • Medical personnel that indicates FHM tracing concerns.
  • Emergency Cesarean section that is necessary but that is delayed.
  • Personnel in the hospital that does not respond properly or is evasive about offering information during the birth process that is complicated.

When cerebral palsy is caused by a third party, the law protects the mother and the child. It is important in such a situation that you consult with birth injury attorneys or medical malpractice attorneys. Obtaining financial compensation for the mistakes that healthcare professionals did is something that is really difficult. So many things have to be proven and you will surely end up needing all the help that you can get. Have patience and do work just with those that have a high reputation and success rate.