Medical malpractice birth injuries sometimes result in the child having cerebral palsy. Cerebral palsy is actually more than one disorder. The term describes a group of disorders with very similar features, all of which emanate from a brain injury. Here are some examples of recent cases that should give you some insight into how this happens.
Several recent lawsuits have alleged that the physician was negligent in not giving the mother a cesarean section in time to avoid the child going through the type of trauma that led to them suffering a brain injury. This is actually quite common. Medical technology is sophisticated enough these days that physicians are able to monitor children very closely in the womb. If there are signs that the child is in distress, and if the cesarean section would normally be recommended under such circumstances, the physician may be held to have been negligent in not performing it in time if the child is born with a brain injury.
There have been cases where mothers have gone into the hospital showing signs that would lead any reasonable physician to realize that they needed immediate care but where they did not receive it. For example, the mother may come into the hospital presenting signs that her child is in distress and that labor needs to be induced or a cesarean section needs to be performed. Sometimes, his women go for entire days without receiving any sort of care, even though they are in pain and showing other signs of a serious issue. This is sometimes successfully argued to have been negligent in court.
Cerebral palsy brain injuries sometimes occur after the child has been born. For example, there have been lawsuits that started because a child was found to have been exposed to something infectious after having been born and, because infants are so vulnerable, that child ended up contracting the infection and suffering brain damage from it.
Midwives, hospital staff workers, hospitals themselves and others can be sued for medical negligence when it leads to a child suffering a brain injury. If your child suffers from cerebral palsy and you believe it was the direct result of medical negligence, you should speak with an attorney about the matter right away. There are limitations on how long you have to act and there is no obligation when you sit down with a contingency attorney and speak with them about this matter.
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