An Illinois lawsuit alleges that untreated fetal distress led to a child suffering cerebral palsy. The lawsuit alleges that the hospital and its staff did not recognize that the child was in distress and did not react properly, because of that. This, according to the lawsuit, is the reason the child was born with brain injuries.
Medical scanning technology is better than it has ever been, but many cerebral palsy lawsuit claims allege that a child was born with brain injuries because they were not properly monitored. In some cases, physicians and the staff may have been aware that the child was in distress but may have failed to take appropriate actions, nonetheless. Either of these situations constitutes the type of malpractice that people oftentimes end up filing lawsuits over.
If you believe that your child was the victim of medical malpractice and that that malpractice led to a birth injury, you may want to explore the possibility of filing one of these lawsuits. There are some warning signs that this may be an issue that you should be aware of.
Undelivered Care
One of the hallmarks of many of these cases is that the staff simply failed to deliver what would have been deemed the appropriate care by any reasonable person with their knowledge in their position. For example, many children are born with brain injuries because they were not given cesarean sections in time to avoid them going through some sort of trauma. In such cases, if it should have been obvious to the physician that a cesarean section was called for but that physician failed to deliver that procedure, an attorney may be able to sue and successfully get damages for the family.
These lawsuits are filed on behalf of the children. If they are successful, the money obtained can be used to help that child get the best possible care in the present and in the future. This is why many families make the decision to file such lawsuits.
Physicians have an obligation to give their patients competent care. When they fail in this regard, the law provides filing a lawsuit as a means for families to get reimbursed for what they have been put through. Many parents with children who have cerebral palsy are facing very high expenses already. Sometimes, the money from settlements or jury awards can go a long way toward making life much easier for these families.