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Was Your Child’s Cerebral Palsy Caused by Medical Malpractice?

Legally Reviewed and Edited by: Terry Cochran

Medical malpractice causes around 20% of cerebral palsy (CP) cases in children. Eileen Kroll, a medical malpractice lawyer and registered nurse at Cochran, Kroll & Associates P.C., can fight for justice and compensation on behalf of you and your child. Different forms of medical malpractice during the various phases of pregnancy and birth can end in CP. Keep reading to find out if you may have a case.

How can medical malpractice cause cerebral palsy?

Medical malpractice during different phases of your pregnancy may be the culprit of your baby’s cerebral palsy.

Before birth

If your prenatal care provider misinformed or failed to inform you of any risks or dangers about your pregnancy, they already committed a form of medical malpractice. Failure to carry out routine tests and care for your developing baby are other forms of medical malpractice. If the care team did carry out the correct tests but did not give you the proper results or refer you to the appropriate specialist in a reasonable amount of time, they can still be held responsible.

Not immediately taking care of any infections during your pregnancy is another kind of malpractice that could cause your baby’s CP. Maternal infections can affect the baby and its development before birth. Severe infections can damage your baby’s brain tissues and organs. Some viruses cause pre-mature births which can also cause CP.

If your doctor did try to treat your illness but prescribed the wrong medication or dosage, they can be held responsible. All doctors should also confirm there would not be any harmful side effects of mixing medications during your pregnancy.

Leading up to your due date, your surgeon should have checked the size of your baby’s head to see if it was too large for a vaginal birth. In this case, a c-section would have been planned.

During birth

During childbirth, using the wrong instruments or force could result in brain damage. The delivery team should always monitor both you and the child during the delivery process. Especially when they use anesthesia. There should also have been monitoring for signs of fetal distress or heartbeat and oxygen issues.

Lack of intervention when the mother was experiencing a particularly long or troubled birthing process is another form of malpractice. If your baby’s head was compressed for too long during vaginal birth, he or she could have sustained injuries leading to CP.

Not keeping an eye on the umbilical cord so that it does not obstruct the newborn’s oxygen during birth is another way a surgeon could commit medical malpractice.

After birth

If an infection or birth injury was suspected immediately after delivery, but the medical team did not intervene, they could be held responsible in your claim. In addition, following a difficult birth resulting in cerebral palsy, the medical team is charged with the responsibility of cooling your baby to lessen the effects of the cerebral palsy injury to your child’s brain.

How can a medical malpractice lawyer help my case?

Lawyers specializing in medical malpractice know which signs to look for that suggest possible medical malpractice cases. During your initial meeting, the medical malpractice lawyer will discuss both your baby’s birth as well as your pregnancy to get as much information as possible.

If your child was diagnosed with cerebral palsy, you might have to spend up to $1 million in terms of care over a lifetime. When you open a cerebral palsy lawsuit, you are on your way to get justice for your baby and hold the responsible parties accountable. If your case is successful, you will win compensation for all treatment and care costs relating to your baby, lost wages, pain, suffering and mental anguish.

If you believe your baby has cerebral palsy due to a form of medical malpractice, you need to contact malpractice lawyers in your area today. In Michigan, you only have two years to file following the injurious incident or six months after the discovery of the disorder. Call 866-MICH-LAW for a free consultation with Cochran, Kroll & Associates, your Michigan law firm specializing in cerebral palsy cases.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Tim is a writer and editor who earned his Bachelor of Arts in Journalism from the University of Maryland and calls Washington, D.C., home after spending most of his adult life in the country's capital. Although Tim spent most of his post-college years in the restaurant industry, he became interested in writing about legal matters after he recently moved to Colombia. Today, Tim writes professionally about medical malpractice, drug policies, and workplace injuries. Tim is focused on curating his freelancing career and plans to work remotely for as long he can.



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