Infantile cerebral palsy can be horrible for a family to deal with.
It’s a heartbreaking health condition that affects many families across the country. The Center for Disease Control released the results of a study that shows that cerebral palsy has not decreased. The number of cases has not changed in the past 30 years.
In many cases, this condition can happen as the result of natural circumstances. But in other cases, it can happen because of the actions of medical professionals.
If you believe that your child’s cerebral palsy was a result of malpractice, it’s important that you have the right legal representation that can help you get the compensation you deserve.
In this post, you will learn what cerebral palsy is and how to determine whether or not you have a potential medical malpractice case.
Center For Disease Control: Cases Of Cerebral Palsy Have Not Declined
According to federal data, the number of children who are born with cerebral palsy has not changed over the years. It has remained relatively the same. In 2002, roughly 2.2 out of 1,000 children were diagnosed with cerebral palsy as a result of brain damage before or during birth.
This marks a small decrease over the numbers published in 1985. These numbers were given by the Center for Disease Control and Prevention study. This study looked at findings between 1985 and 2002 in the Atlanta area.
This shows that the numbers haven’t had much of a change.
What Is Infantile Cerebral Palsy?
Cerebral palsy is a very serious health problem that affects many children. It can be caused by injuries and medical malpractice during labor or childbirth. It’s typically caused when an infant doesn’t have enough oxygen in its brain while being born.
Cerebral palsy describes a number of disorders that impair a child’s ability to move during the first few years of life. The symptoms don’t normally progress after infancy.
The condition is not caused by defects in the nerves or muscles, but is related to issues in the brain. The term cerebral defines the two hemispheres of the brain. The term palsy is used to describe any condition that impairs a person’s ability to move.
The symptoms of cerebral palsy vary depending on its severity. A child born with infantile cerebral palsy can be affected in a number of ways.
- Difficulty maintaining balance.
- Trouble walking.
- Deficient motor skills used for actions like writing.
- Can have issues with involuntary movements.
The symptoms are different for each person. In some cases, symptoms may change over the life of the individual. In some cases, people with cerebral palsy can experience other issues such as seizures, mental impairment, and other medical disorders.
The ways in which the conditions affect the individual depend on the severity of the case. In more severe cases, the individual may not be able to walk and require lifelong medical care. In less severe cases, the individual may have only slight symptoms.
Medical Malpractice & Child Birth
There are times when a doctor’s malpractice can cause infantile cerebral palsy. This can happen when the doctor’s negligence can cause injury to the mother, the child, or both. These injuries could cause infantile cerebral palsy.
Here are some of the ways malpractice can result in cerebral palsy:
- Failing to control maternal blood loss after birthing.
- Not effectively monitoring the infant’s oxygen intake both before and after delivery.
If the infant is injured due to the negligence of the doctor, the parent must file the lawsuit on behalf of their child. Of course, a parent should consult with a medical malpractice attorney first. It’s the best way to ensure that you have a compelling case.
When filing the lawsuit, the parent may be able to ask for general and special damages. These types of damages can include:
- Mental and physical pain and suffering.
- Loss of enjoyment of life.
- Cost of suffering.
- Medical bills.
If there are additional injuries to the mother, there could also be other types of damages that are owed. This can also apply if the doctor did not properly inform the mother of any potential birth defects. If a doctor fails to practice reasonable care, and it results in an injury to your child, you may be entitled to compensation.
Do You Have A Case?
In order to have a valid medical malpractice case, you will need to show that the doctor was liable for the injury that caused your child’s infantile cerebral palsy. What this means is that you have to show that your doctor was negligent in his duties.
There are the four indicators that determine whether or not a person is negligent:
Duty Of Care
In order to prove that a person is negligent, you must show that they had a responsibility to take certain precautions to avoid causing injury. This is known as duty of care. When it comes to medical malpractice, the doctor has a responsibility to ensure that no injury is caused to either you or your child.
Breach Of Duty
Proving negligence means proving that the doctor violated their duty of care. If a doctor fails to take the proper steps to ensure the safety of you and your child, he has breached his duty of care.
If your doctor breached his duty of care, then you also have to show that this breach actually caused injury to you, your child, or both. If a doctor failed to take the appropriate steps to ensure your safety, but it didn’t cause your injury, then he won’t be considered negligent.
You will also need to show that the injuries caused by the doctor’s actions actually resulted in harm. If you are injured because of the doctor’s action or inaction, you will have to show that it actually hurt you or your child.
Remember, in order to prove negligence, all four of these factors must be present in your case. If even one of them is missing, you won’t be able to prove that the doctor was negligent.
Infantile cerebral palsy is a condition that causes a lot of stress and pain. It can be very difficult for both parents and children to deal with.
If you believe your child has infantile cerebral palsy as a result of your doctor’s negligence, you may be entitled to compensation. Here at the Offices of Joseph M. Lichtenstein, we specialize in helping patients who have been injured due to medical malpractice. Contact us today for your free consultation.