An extraordinary amount of care, planning, and energy goes into pregnancy and childbirth. When a couple is proud of the work they’ve done, and are prepared to do, to properly bring a child into the world, it can be devastating to hear that he or she will suffer from a serious birth defect. Worse yet, such complications may be the product of birth injury from medical malpractice. Cerebral palsy is just one example of a birth injury that can have lifelong consequences on a child and family, and no one deserves to perpetually suffer at the hands of another’s negligence.
Our New Orleans firm is devoted to helping families gain some peace of mind after medical malpractice. If you suspect that your child has developed cerebral palsy as a result of injury during pregnancy or birth, speak with one of our experienced attorneys to learn how to pursue an appropriate settlement.
What Is Cerebral Palsy?
Cerebral palsy (CP) is an umbrella term to describe various disorders that occur while the brain is developing. This disorder is always caused by damage to the brain, although the causes can vary.
In most cases of CP, people are afflicted with stiff joints and difficulty moving, especially in regard to holding and letting go of objects. This is also often accompanied by a seizure disorder and intellectual disability. In addition, common symptoms of CP include vision impairment, slurred speech, hearing problems, difficulty swallowing, and poor muscle tone.
How Is Cerebral Palsy Caused?
CP may result from various factors, depending on how and when it develops in the brain:
- During pregnancy: It is possible for CP to be genetic, but it is rare. About two percent of all cases are inherited congenitally, and most of these require both parents to carry the recessive gene. In other cases, the child may develop CP in the womb due to an infection or lack of oxygen from umbilical cord complications.
- During labor: When problems arise during labor or if a medical professional is simply reckless, a child may suffer brain injury during the process. Deprivation of oxygen, head trauma, and a failure to respond to medical warning signs can each result in CP.
- Following birth: After a child is born, negligence at the hospital may still cause CP, including an ignored brain infection, untreated jaundice, or exposure to harmful chemicals.
Who Is Liable?
Before pursuing a lawsuit, it’s important to consider whether medical malpractice was afoot. Obviously, genetic disorders are not the fault of medical professionals, and if the mother fails to consistently show up for medical exams, it is impossible to diagnose any potential problems. However, if exams are consistently performed and a problem (such as strangulation of the umbilical cord) is either ignored or unnoticed, the attending doctor may be held liable for malpractice.
Similarly, inappropriate medical action during or after pregnancy may be a strong case for a lawsuit. If a birth requires a C-section due to potential complications and the patient does not receive one, the child may develop brain injury in the process. Likewise, the use of excessive force via forceps or vacuum device during birth can result in injury. In any of these cases, your child’s CP may well be attributed to medical malpractice, warranting a lawsuit.
Damages for Malpractice
If your son or daughter has developed CP from malpractice, you may be entitled to a significant sum of financial reimbursement in the form of compensatory and punitive damages. In addition to compensation, which can cover the cost of past and future medical expenses, your family may receive punitive damages to punish the negligent professional(s) responsible, which often far supersede the initial compensatory damages. For more information, speak with one of our knowledgeable legal professionals.
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Doctors and medical professionals should be entrusted to care for your family; you should not have to suffer from the consequences of malpractice. For more information on what you can do to pursue a lawsuit in response to birth injury, schedule an appointment at Harrell & Nowak today.