When to Call an Attorney If Your Child Has Cerebral Palsy

All parents dream of having happy and healthy children who will grow up to be productive and functional adults. Unfortunately because of a birth injury or medical negligence, a child who could have been happy and healthy may end up with a lifelong condition which may significantly impact their future.

Cerebral palsy is one of the most serious consequences of birth injury or medical malpractice during childbirth or labour. While cerebral palsy is not always the result of malpractice, it is important for parents to explore that possibility and to consider what they should do to make sure that their child’s future is protected.

Cerebral palsy

What Is Cerebral Palsy?

Cerebral palsy is a medical term which refers to a number of neurological disorders which affects muscle coordination and causes the body to move differently. Those with cerebral palsy may be diagnosed as having:

  • Hemiplegia
  • Diplegia
  • Quadriplegia
  • Athetoid/Dyskinetic movements
  • Ataxia

Individuals may also have “mixed cerebral palsy” which is a combination or two or three different types of brain damage.

brain damage

What Causes Cerebral Palsy?

A variety of factors can cause cerebral palsy especially during the birth process due to birthing injuries and medical malpractice. It is often the result of the infant receiving an insufficient amount of oxygen to the brain which results in often permanent ischemic damage.

Causes Cerebral Palsy

When to Call a Solicitor

A child is born with cerebral palsy does not necessarily mean that he or she has been a victim of medical malpractice. Fortunately the vast majority of health care professionals and hospitals provide the highest level of care when administering prenatal care to mothers and infants, and when delivering babies.

However, medical malpractice issues do happen which is when experienced medical malpractice solicitors such as those at Mintons should be called. Some common causes of medical malpractice which results in cerebral palsy include:

child is born with cerebral palsy

  • The failure to appropriately monitor an infant’s fetal heart rate before and during both labour and birth
  • The failure to detect infections or treat infections in the mother during pregnancy
  • Failure to detect a prolapsed umbilical cord
  • An unnecessary delay in performing (or failing to perform) a medically necessary C-section
  • Neglecting to plan for and schedule a C-section when the baby was clearly too large to safely pass through the birth canal
  • Negligence when using medical instruments (such as forceps and vacuums) when delivering a baby

Medical malpractice cases

Medical malpractice cases, which are the result of birth injuries and errors when delivering a baby, are incredibly complex and are difficult to navigate from both a medical and legal standpoint. This is why it is critical that parents of children whom they suspect may have been a victim of medical malpractice seek help when deciding if they have a case and how they should proceed with it. A solicitor may be able to guarantee you thousands if not millions of dollars in compensation which will help you provide the highest quality of care and nurturing to your child.