Cerebral palsy is a condition that’s seen in about one out of every 300 children born. While this developmental condition can happen before, during, or shortly after birth, you may be wondering if a medical doctor’s negligence caused this condition. Cerebral palsy is characterized by poor muscle control, difficulty in moving, breathing, as well as exaggerated reflexes.
Cerebral Palsy Caused by Negligence
Children generally develop cerebral palsy as a result of medical error. This usually takes on many forms, putting the doctors who performed the delivery (as well as the hospital) responsible and answerable under the legal system thanks to the theory of respondeat superior. This theory states that a hospital is responsible for the negligent behavior of its employees provided that the employee was acting within the scope of his or her duties as an employee.
Here’s a short list of scenarios where cerebral palsy may be attributed to doctors involved in the delivery process:
- Leaving the baby in the birth canal for too long, causing inflammation in the brain as well as oxygen deprivation.
- Using force and instruments such as vacuum pumps and forceps to deliver the baby, causing brain injury.
- Lack of proper prenatal care which may lead to a doctor not dealing with pre-birth problems in a timely manner.
- Failure to react as needed when signs of fetal distress first appear.
- Failure to adequately monitor the baby’s heart rate via a fetal heart rate monitor.
- Failure to treat seizures in a timely manner.
- Failure to identify and remedy a prolapsed umbilical cord.
All these scenarios (and more) may have caused or contributed to your child’s cerebral palsy; a condition which may need round-the-clock care as well as specialized treatment and training to help the child live a normal life.
Proper investigation should be carried out by experienced lawyers in order to find out whether you have evidence to file a lawsuit and take those responsible to court.
Raising a child with cerebral palsy may put the ordinary individual’s finances in jeopardy; a medical malpractice lawsuit may help you get compensation which you can use for your child’s treatment and rehabilitation. Please call 1-855-833-3707 for more information on your legal options.