Cerebral palsy is a broad term that refers to a number of different conditions that may affect an infant’s brain function and bodily movements. The condition may arise a number of ways, both during pregnancy and during the birth process itself, and even after the child is delivered. In many instances, the condition is not the result of some environmental factor or mistake on the part of the mother, but rather negligence on the part of a doctor overseeing prenatal care or performing delivery.
If you suspect that your child suffers from cerebral palsy because of the negligence of a doctor, you may have legal grounds to pursue a medical malpractice suit. If successful, such a suit provides monetary compensation to cover the ongoing medical costs the condition incurs, as well as address the needless suffering the condition brings to both the child and to you as the parent.
An experienced medical malpractice attorney can help you take a close look at the circumstances that caused the injury and determine a strong path forward that addresses your needs and protects your rights.
If your child suffered from some form of trauma to his or her brain during your pregnancy, this may be the cause of the injury. It is important to understand that many things can impact brain development, not only physical force. Often, the brain develops cerebral palsy due to a lack of oxygen, which may require timely intervention from the doctor overseeing the pregnancy, or may develop because a mother takes prescription medicine that is negligently prescribed.
It is also possible that a doctor may identify a potential threat to the well-being of the child, but for one reason or another fail to address the issue in a timely manner. This may mean that a doctor recognizes a threat that may necessitate a cesarean birth, but does not schedule or perform the procedure soon enough for the child to avoid harm.
Even if the pregnancy itself is without complications, the birthing process is often a violent and dangerous experience for both the mother and the child. Modern medicine has dramatically reduced the likelihood of a mother or child suffering long-term effects of a problematic birth, but there are exceptions.
A complicated or poorly performed birth may harm the child’s brain in the process of delivery, causing serious harm. In some instances, this is not entirely avoidable, but it is always worth careful scrutiny any time a child suffers cerebral palsy or some other birth injury.
Do not wait to begin researching your own circumstances and potentially building a case if your child suffers from cerebral palsy. Even if you do win your claim, it is rarely a quick process. While you deal with the realities of caring for the child you love, be sure that you have the tools and guidance that you need to protect your rights and seek fair compensation.