Cerebral palsy is a serious birth injury that can occur during labor or
childbirth. Often, this condition can be the result of doctor negligence
and can be grounds for
medical malpractice. While the exact cause of cerebral palsy is unknown and may vary from
case to case, it is thought to be the result of an insufficient amount
of oxygen to the baby’s brain during birth. This condition affects
two to four children out of every 1,000 live births.
Cerebral palsy affects the parts of the brain that are responsible for
balance, posture, and movement. Symptoms vary from person to person, but
children with cerebral palsy typically will exhibit difficulties with
movement, including sitting, crawling, or walking, and may also have problems
with coordination, difficulty swallowing, tremors, or seizures. Different
symptoms indicate different manifestations of the condition, including
spastic, athetoid, and ataxic cerebral palsy, which can be diagnosed over
time as the child develops.
Doctor Negligence during Delivery
Some cerebral palsy cases are genetic, but others can be caused by birth
trauma. Even with the highest degree of care and professionalism, it is
possible for things to go wrong, but there are some instances in which
a doctor has made a careless mistake that directly caused the injury.
In these instances, an individual may be able to claim that medical malpractice
occurred if they can prove that the doctor was negligent.
Negligent behavior on the part of the doctor or other healthcare provider
- Failure to identify and/or treat conditions in the mother during pregnancy
- Failure to respond to signs of fetal distress during delivery
- Delay or failure to order a cesarean section if necessary
- Improper use of birth-assisting instruments like forceps or a vacuum
Getting Help for Negligence-Caused Birth Injuries
If you suspect that your child has suffered a serious neurological injury
like cerebral palsy during childbirth, contact a San Jose personal injury
attorney from Habbas & Associates. Medical malpractice can be complex
from both a medical and legal standpoint, so it is wise to seek legal
counsel for help in determining liability. We can answer any questions
you may have and will assist you in filing a lawsuit to recover compensation
for medical care, physical therapy, and more. With over 125 years of legal
experience, our team of caring, compassionate attorneys knows how to handle
these types of cases and can seek maximum compensation that you are entitled
to under the law.
Don’t delay in
contacting our firm for a free, no-obligation consultation.