Cerebral palsy (CP) is a neurological disorder that affects movement and muscle coordination, often caused by brain damage during pregnancy, childbirth, or shortly after birth. While cerebral palsy is not always preventable, in some cases, it results from birth injuries caused by medical malpractice. For families affected by cerebral palsy, seeking justice through a birth injury lawsuit may be an option.
In this blog, we will explain what cerebral palsy is, how medical errors during childbirth can contribute to this condition, and the legal rights families have when pursuing a birth injury medical malpractice lawsuit. We will also discuss the critical role of a cerebral palsy lawyer in helping families navigate the legal process and seek compensation for their child’s condition.
What Is Cerebral Palsy?
Cerebral palsy refers to a group of disorders that affect a person’s ability to move and maintain balance and posture. It is caused by brain damage or abnormal brain development, often before or during birth. The severity of cerebral palsy can vary widely, with some individuals experiencing only mild motor impairments, while others may have more severe disabilities affecting speech, vision, hearing, and overall mobility.
There are several types of cerebral palsy, including:
- Spastic cerebral palsy: The most common type, characterized by stiff muscles and difficulty with movement.
- Athetoid cerebral palsy: Involves uncontrolled, slow movements.
- Ataxic cerebral palsy: Affects balance and coordination.
- Mixed cerebral palsy: A combination of different types of cerebral palsy symptoms.
While cerebral palsy may occur due to genetic factors or other prenatal conditions, medical errors during delivery are also a leading cause. When negligence by medical professionals during pregnancy, labor, or delivery causes brain damage leading to cerebral palsy, families may have the right to pursue a birth injury lawsuit.
How Do Medical Errors Contribute to Cerebral Palsy?
Medical malpractice can contribute to cerebral palsy when healthcare providers fail to follow the standard of care during pregnancy, labor, or delivery. Some of the common causes of birth injury that may result in cerebral palsy include:
1. Failure to Monitor Fetal Health
During labor, it is critical for medical professionals to monitor the baby’s heart rate and oxygen levels. Oxygen deprivation (hypoxia) during birth is one of the leading causes of cerebral palsy. If the baby’s oxygen levels drop too low for too long, brain damage can occur, leading to CP. Common causes of oxygen deprivation include:
- Umbilical cord issues: The cord may become compressed or prolapsed, cutting off the baby’s oxygen supply.
- Failure to respond to fetal distress: If signs of fetal distress are ignored or not adequately addressed, it can lead to birth asphyxia.
- Delayed or improper delivery: If labor is prolonged or the baby is not delivered quickly enough in an emergency situation, oxygen deprivation may occur.
If medical professionals fail to monitor the baby’s condition or respond appropriately to signs of distress, they may be considered negligent, and this could lead to a birth injury lawsuit.
2. Improper Use of Delivery Tools
Doctors and midwives may use forceps or vacuum extraction tools to assist with a difficult delivery. However, improper use of these tools can lead to injury. For example:
- Forceps injury: Excessive force used with forceps can cause damage to the baby’s head or brain, increasing the risk of cerebral palsy.
- Vacuum extraction error: If a vacuum is applied incorrectly, it can lead to trauma that disrupts brain development.
These types of injuries are preventable if proper techniques are used and if caution is exercised during difficult deliveries.
3. Delayed Cesarean Section
If labor is progressing poorly or the baby is in distress, a C-section may be necessary to prevent birth asphyxia and other complications. However, if the decision to perform a C-section is delayed, it may result in oxygen deprivation and subsequent brain injury. Doctor negligence in this regard can contribute to the development of cerebral palsy.
4. Infections During Pregnancy or Birth
Certain infections during pregnancy, such as maternal infections, can increase the risk of brain damage in the baby. If these infections are not adequately treated or if the baby develops an infection during birth, it may lead to inflammation in the brain, resulting in cerebral palsy.
5. Failure to Diagnose and Treat Jaundice
Jaundice is a common condition in newborns, but if left untreated, it can lead to kernicterus, a type of brain damage that results in cerebral palsy. Doctors must monitor and treat jaundice promptly to prevent this complication. If medical negligence occurs and jaundice is not properly addressed, it may lead to permanent brain injury.
How Can a Cerebral Palsy Lawyer Help?
A cerebral palsy lawyer can assist families by investigating the circumstances surrounding their child’s birth to determine whether medical errors contributed to the condition. They will work with medical experts to establish whether negligence occurred and whether the medical team failed to meet the appropriate standard of care.
A birth injury medical malpractice lawyer will also help families navigate the legal process, including:
- Filing a lawsuit: If medical negligence is found, the lawyer will assist in filing a lawsuit against the responsible parties.
- Seeking compensation: Families may be entitled to compensation for medical bills, ongoing care, pain and suffering, and future lost wages if the child is unable to work due to their condition.
- Handling the legal process: A lawyer will manage all aspects of the legal case, including gathering evidence, filing paperwork, and representing the family in court.
What Should Families Know About Filing a Birth Injury Lawsuit?
Filing a birth injury lawsuit for cerebral palsy can be complicated. It’s crucial to:
- Act promptly: The statute of limitations for filing a lawsuit in Arizona is generally two years from the date of the injury or discovery of the injury. Delays can jeopardize the case.
- Gather evidence: Collect medical records, witness statements, and expert opinions that support the claim of negligence.
- Consult with a lawyer: Reach out to a cerebral palsy lawyer who can evaluate the case and guide the family through the legal process.
Contact a Credible Law Firm for Legal Guidance
If your child has been diagnosed with cerebral palsy due to medical malpractice, Snyder & Wenner, P.C. is a credible law firm based in Tucson, AZ, specializing in birth injury lawsuits and medical malpractice claims. Contact them today to schedule a consultation and discuss your legal options for seeking justice and compensation.
