Cerebral Palsy Lawsuits: Understanding Your Legal Rights

Families impacted by cerebral palsy should know their options

There is no doubt that healthcare professionals play a crucial role in ensuring the well-being of patients. Unfortunately, however, medical malpractice can happen, and when it does, it can have devastating consequences.

One such condition that may result from medical malpractice is cerebral palsy, a neurological disorder that affects a child's movement, muscle tone, and coordination. Children with cerebral palsy often require lifelong care and support, and families may struggle with the significant financial and emotional burdens that come with this condition.

Despite the profound impact that cerebral palsy can have on the lives of children and their families, it is not always easy to determine if medical malpractice is involved. However, when medical negligence is suspected, families have the right to pursue legal action to seek justice and financial compensation for their losses.

Cerebral palsy from medical malpractice

Medical malpractice refers to professional negligence by a healthcare provider that leads to substandard treatment, resulting in injury. Such injuries include neurological complications like cerebral palsy. The Centers for Disease Control and Prevention (CDC) defines cerebral palsy as a group of disorders that affect a person's ability to move and maintain balance and posture.

Medical malpractice resulting in cerebral palsy can occur before, during, or shortly after giving birth. Examples of medical errors or neglect that can cause cerebral palsy in a newborn include:

• Failure to identify or treat infections.
• Failure to recognize fetal distress (for instance, lack of oxygen or hypoxia).
• Failure to schedule or perform a necessary C-section.
• Failure to identify a prolapsed umbilical cord.
• Failure to properly use delivery tools (for example, vacuum extractors and forceps).
• Excessively pulling on a baby's head, neck, shoulder, or arm.

Proving negligence

You have legal rights and can file a lawsuit if you believe you have a potential birth injury case, but you must demonstrate that the doctor, nurse, medical professional, or facility was negligent and that this negligence caused your child's injury. This can be a difficult process to navigate alone, which is why it's crucial to have experienced legal representation on your side.

The best way to determine if you have a case is to contact an experienced birth injury attorney who knows how to handle cerebral palsy lawsuits. These cases can be complicated, with multiple parties potentially liable. For example, you may be able to file a cerebral palsy lawsuit against one doctor or an entire medical facility, depending on the circumstances of your case.

Talk to a cerebral palsy attorney about your rights and options