PR Web shared a story this week on a doctor’s presentation which outlined how medical malpractice can be at the root of a child developing cerebral palsy. The licensed physician (who is also an attorney), explained how certain negligent conduct on the part of an individual doctor or hospital frequently causes brain damage which manifests as cerebral palsy. The doctor’s thoughts were published in recent issues of Forum magazine. Our Illinois birth injury attorneys frequently work with local families whose children develop cerebral palsy as a result of malpractice.
Cerebral Palsy Causes
Of course in a legal case alleging that medical malpractice resulted in cerebral palsy, determining the cause of the injury is paramount. The doctor explained how there are many ways that cerebral palsy may develop during the labor and delivery process. Oxygen deprivation to the brain, premature delivery, head trauma, or infection may all lead to the condition. Some cases of cerebral palsy develop well-before the baby is born, but others arise during the birthing process itself.
Challenge of Identifying Malpractice
Perhaps the biggest challenge facing families in this situation is the time delay between the development of symptoms and the actual birth. In many cases, a child will not fully show the symptoms of cerebral palsy until 2-3 years after the birth. This makes it difficult for families that suspect malpractice was involved to properly identify the underly medical negligence and obtain evidence to prove it.
This is one reason why timing is crucial in these matters. In most cases it is never too early to meet with a legal professional to share your story and ask for help investigating the situation. The birth injury lawyer will be able to review medical records, interview parties, and try to get to the bottom of the situation.
Why File a Lawsuit Following Cerebral Palsy?
It is undeniable that over the course of a lifetime a child with cerebral palsy will need close care, treatment, and support. That aid is expensive–quickly adding up to millions of dollars. What is a family to do to pay for those costs? If the child developed the condition as a result of unpreventable causes, then the family usually relies on their own resources, insurance, and public programs designed to help. However, if the injury would have been prevented had the medical professional acted appropriately, then it is reasonable for the professional and their employer (who have insurance for these situations) compensate the family for the harm caused.
The suit often means that families who otherwise are forced to scrape by and make serious sacrifices that lessen their loved one’s quality of life will be able to provide adequate resources to ensure their child develops as well as possible. In addition, by holding the negligent individual or facility accountable, the taxpayers are spared the cost of supporting the injured party. In other words, using the legal system in this way ensures that accountability is spread to those who actually played a role in the birth injury.
See Our Related Blog Posts: