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Common Causes and Risk Factors of Cerebral Palsy
Cerebral palsy is a disorder that affects movement and muscle tone or posture.
It's caused by damage that occurs to the immature, developing brain, most often before birth–signs and symptoms appear during infancy or preschool years.
In general, cerebral palsy causes impaired movement associated with:
- Exaggerated reflexes’
- Floppiness or spasticity of the limbs and trunk;
- Unusual posture;
- Involuntary movements;
- Unsteady walking; or,
- Some combination of these.
Cerebral palsy may be caused by a birth injury due to medical malpractice, which is when a doctor fails to keep a patient safe to the best of their abilities.
If your child has been diagnosed with cerebral palsy that might stem from medical malpractice, your family may be eligible for financial compensation.
Many factors of negligence may lead to problems with brain development–some include:
- Maternal infections. That affects the developing fetus
- Fetal stroke. A disruption of blood supply to the developing brain
- Bleeding into the brain. In the womb or as a newborn
- Infant infections. That causes inflammation in or around the brain
- A traumatic head injury to an infant. Such as a motor vehicle accident, fall, or physical abuse
- Lack of oxygen to the brain. Related to difficult labor or delivery. (birth-related asphyxia is much less commonly a cause than historically thought.)
Cerebral palsy is often caused by preventable medical mistakes during childbirth that may be considered medical malpractice.
Some examples of medical malpractice that are common causes of cerebral palsy include:
- Failure to detect and/or properly treat infections
- Failure to detect fetal distress such as lack of oxygen (hypoxia)
- Failure to schedule or perform a necessary cesarean section (C-section)
- Failure to detect a prolapsed umbilical cord
- Improper use of delivery tools, such as vacuum extractors and forceps
If you suspect your child’s cerebral palsy was the result of medical malpractice, you may be eligible for financial compensation.
The team at NewYorkBirthInjuryClaims.com urges victims of cerebral palsy to get a free, thorough case evaluation.
What to Do If You Suspect Medical Malpractice Caused Your Infant’s Cerebral Palsy
Medical malpractice lawsuits may be filed against an individual physician or against the hospital as a whole–hospital negligence directly holds the hospital liable for its own acts of neglect.
Hospitals are expected to have policies and practices in place to avoid any instances of patient neglect–they are also expected to provide a safe and sterile environment for all patients.
Additionally, hospitals are responsible for hiring medical staff with appropriate medical care education, training, and licensing–the hospital may be held legally accountable if a medical staff member does not meet the requirements to practice.
Hospitals may also be held responsible for any birth injury caused by a lack of on-duty medical professionals in order to maintain quality patient care–it is the hospital’s responsibility to ensure there are enough staff members at all times to ensure all patients are safe.
What Should I Do First?
A case evaluation is the first step in filing a cerebral palsy medical malpractice lawsuit on behalf of your newborn.
A lawyer may analyze the details of your child’s case to determine whether you are eligible to file a cerebral palsy negligence claim.
Case evaluations should be conducted with an experienced cerebral palsy law firm–experienced lawyers may build a strong cerebral palsy claim and get your family financial compensation to help pay for your child’s treatment.
How Do I File a Cerebral Palsy Claim?
Once you get a free consultation from an experienced legal team, they may help you formally file your cerebral palsy medical malpractice claim.
Your birth injury attorney may take care of all the paperwork and legal heavy lifting to file your claim so you may focus on caring for your child.
Your lawyer may collect prenatal and birth records, medical bills, photographs, imaging test results, and other forms of documentation to file your cerebral palsy medical malpractice claim.
A lawyer may work to find enough evidence to make your case as strong as possible.
It is incredibly important to file your cerebral palsy claim within your state’s statute of limitations–this law puts a time limit on how long you have to file your lawsuit.
The TDC Group reported that 76.7% of pediatric medical malpractice claims were filed within three years of the injury.
The team at NewYorkBirthInjuryClaims.com believes that Cerebral Palsy victims should receive the compensation they deserve for damages, injuries, and lost wages.
Our network of attorneys have a track record of success.
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