Willens Law Offices Articles Was Your Child's Cerebral Palsy Caused by Medical Malpractice?

Was Your Child's Cerebral Palsy Caused by Medical Malpractice?

By Matthew Willens  May. 6, 2015 10:23a

Cerebral palsy is a serious condition caused by damage to the motor areas of the brain that affect its ability to control movement. Every year, thousands of children are affected by cerebral palsy as a result of medical malpractice.

We trust our doctors with our health and expect them to provide the best possible care. However, there are cases in which medical professionals and hospitals make errors that result in life changing conditions.

Cerebral palsy can develop at any stage in pregnancy, during delivery, or in the initial years of a child’s life. Medical malpractice related cerebral palsy occurs during labor because of the negligence of the doctor, nurse, or other medical professionals. In this post, we will discuss the errors that can result in cerebral palsy and how to determine if the child’s condition is a result of medical malpractice:

Some common medical errors that may result in cerebral palsy are:

  • Failure to assess the mother’s and baby’s vital signs
  • Failure to diagnose and treat meningitis or jaundice
  • Failure to diagnose and treat seizures after delivery
  • Improper use of vacuum extraction
  • Failure to recognize and treat fetal distress
  • Failure to order a timely caesarean section
  • Improper use of forceps
  • Failure to detect and respond to the umbilical cord wound around the baby’s neck

If your child has been diagnosed with cerebral palsy, and you think it could be a result of medical malpractice, you should ask yourself the following questions:

  • Was the baby delivered with vacuum extraction, forceps, or caesarean section?
  • Did the baby require resuscitation after birth?
  • Did the baby need special tests such as MRI or CT scan after birth?
  • Did the baby get seizures immediately after birth?
  • Did the baby score low on Apgar scale after birth?
  • Was the baby given oxygen to support breathing?
  • Did the baby show signs of head trauma or distress?
  • Did the baby suffer from jaundice that lasted for a long time?

In many cases the child may not exhibit any obvious signs of cerebral palsy until a long time after the delivery. However, it is important for parents to understand that the signs and symptoms do not necessarily have to be present at the time of birth for the cerebral palsy to be attributable to medical malpractice.

Chicago Medical Malpractice Lawyers

If you think your child’s cerebral palsy was caused by medical malpractice, you may be able to get compensation for all the losses you and your family have suffered. You may be eligible for compensation for medical expenses, past and future medical treatment costs, and pain and suffering. Parents should also bear in mind that there is a statute of limitations on medical malpractice practice, so they should act as soon as possible after diagnosis to safeguard their legal rights.

An experienced Chicago birth injury lawyer at our law firm can assist you in pursuing compensation by investigating, preparing, and litigating your case.

Call (312) 957-4166 for a free case evaluation.

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