Cerebral palsy (CP) can result from natural complications during pregnancy, but a significant percentage arises from medical errors during birth. It is a neurological disorder that affects muscle tone, movement, and posture. Whether by natural or medical errors, brain damage occurs before, during, or immediately after birth to give the disability. For families who have to bear the burden of care, CP treatment and management can result in over $1.5 million in expenses.
If you suffered negligence by the doctor or medical team during labor, birth, or shortly after, you have the right to sue. This article will help you understand how Cerebral Palsy can arise from medical errors and what you can do about it under the law.
How Does Medical Negligence Lead to Cerebral Palsy?
A health provider who fails to meet the standards of care when a woman is in labor, in the delivery process, or right after birth can harm the baby. Cerebral Palsy has no cure, and research is ongoing to treat the more serious manifestations, so medical errors should not be overlooked. The substandard practices (or negligence) that result in CP include the following:
Improper or Delayed Caesarean Section
C-sections have been the best alternative to avoid complications such as fetal distress, prolonged labor, and umbilical cord problems. Delay or failure to perform this C-section for even a minute more than necessary can subject the baby to oxygen deprivation or trauma. Inadequate oxygen to the baby’s brain leads to damage, causing Cerebral Palsy.
Ignoring Fetal Distress
Labor and delivery are crucial times to monitor the baby’s oxygen levels and heart rate. When nobody on the healthcare team fails to monitor or adjust this distress, it increases the risk of Cerebral Palsy in the baby.
Medication Errors
Complications can arise from medication errors during labor and delivery. A physician, nurse, or pharmacist administering the wrong medications or doses can lead to CP. If this is not quickly rectified, the baby is at risk of Cerebral Palsy.
Improper Use of Vacuum Extractor and Forceps
While extractors and forceps can be useful in assisted delivery, a wrong maneuver can cause brain injuries to the baby. These may include nerve damage and brain bleeding, increasing the risks of cerebral palsy.
Negligence of Mothers’ Infections
Bacterial meningitis and chorioamnionitis contribute to CP if left untreated in the mother. It’s the doctor’s responsibility to diagnose and treat these conditions for the safe delivery of the baby.
What Can You Do When Medical Errors Lead to CP?
In this situation, you must start documenting and gathering all relevant test results and hospital records. Fortunately, some hospitals allow spouses to wear camcorders; if you have one, add it to the evidence. Obtain statements from other witnesses, usually the healthcare team and other family members during delivery.
Consult a birth injury lawyer to review your documents, review your claims, and determine if you have a case. If you have a case, then you must hire the best cerebral palsy lawyer to get value for the damages done. A competent lawyer may be able you an average of $1 million or more in settlements. These may also include paying for assistive devices, CP medications, therapies, and surgeries for serious symptoms.
This article was written for WHN by Julia Rae, a dedicated writer and expert in the health and Lifestyle industry, with over 10+ years of experience in health research and policy. They are committed to exploring innovative solutions that promote well-being and improve healthcare outcomes. When not writing, Julia Rae enjoys hiking and volunteering in community health and Lifestyle programs.
As with anything you read on the internet, this article should not be construed as medical advice; please talk to your doctor or primary care provider before changing your wellness routine. WHN does not agree or disagree with any of the materials posted. This article is not intended to provide a medical diagnosis, recommendation, treatment, or endorsement.
Opinion Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy of WHN/A4M. Any content provided by guest authors is of their own opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything else. These statements have not been evaluated by the Food and Drug Administration.
