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Medical Malpractice

Your Child’s Cerebral Palsy May Be the Result of Medical Malpractice

June 16, 2023

Cerebral palsy is a life-long medical condition that has no cure. Children with cerebral palsy will experience severe developmental issues and will require a lifetime of expensive care. While most cases of cerebral palsy are caused by genetic factors or unavoidable complications during delivery or pregnancy, there are many that are caused by medical malpractice on the part of the physician, the nurse, or the hospital. If your child has been diagnosed with cerebral palsy and you think it may be due to medical malpractice, a cerebral palsy law firm can review your case and help you understand your options. 

How Cerebral Palsy Can Arise from Medical Malpractice

Medical malpractice occurs whenever a doctor, hospital, or other healthcare provider fails to provide medical care consistent with the established standard of care. Most instances of medical malpractice that result in cerebral palsy occur during delivery when the mother and anyone other than the medical personnel are confused and unsure of what is happening.  As a result, you may not have noticed anything out of the ordinary at the time. This is why you should contact a cerebral palsy law firm if you suspect that your child’s cerebral palsy was caused by medical malpractice. 

Medical Malpractice During Labor and Delivery 

The most common forms of medical malpractice that lead to cerebral palsy include the following: 

  • Failure to perform a timely cesarean section. Refusal to perform a c-section or failure to perform one on a timely basis can cause the baby to be deprived of oxygen. In turn, this can lead to a number of health problems for the baby including cerebral palsy. In many cases, this is a heat-of-the-moment decision, but not always, and making the wrong decision can have very serious consequences. 
  • Failure to adequately monitor the baby’s vital signs. Many potential complications are identified by monitoring the baby’s heartbeat, oxygen levels, and other vital signs. When doctors or nurses fail to monitor the baby’s vital signs, they can miss very dangerous situations such as when the baby is not getting enough oxygen. These situations can lead to cerebral palsy. You may have a medical malpractice case if the medical staff failed to monitor your baby’s vital signs. 
  • Failure to respond to fetal distress. Assuming that the doctors and nurse are adequately monitoring the baby’s vital signs, they must then take the appropriate action in order to protect the baby’s health. This can include performing a c-section, but there may be other steps that also need to be taken. Delays in taking action or ignoring signs of fetal distress can cause cerebral palsy. If you believe that your doctor failed to appropriately respond to signs of your baby’s distress, you may have a medical malpractice claim and should contact a cerebral palsy law firm as soon as possible. 

Medical Malpractice During Pregnancy That Can Lead to Cerebral Palsy

Medical malpractice that leads to cerebral palsy can also occur during your pregnancy and long before delivery. Some examples of pregnancy-related medical malpractice that can lead to cerebral palsy include the following: 

  • Failure to properly manage underlying health issues such as hypertension or diabetes
  • Checking fetal and maternal blood types
  • Failure to diagnose maternal health issues 

Failure to provide proper care during pregnancy can increase the risk of complications during birth. These complications can, in turn, lead to cerebral palsy. A cerebral palsy law firm can review the care that you received during pregnancy in order to determine whether your child’s cerebral palsy was caused by medical malpractice. 

How a Cerebral Palsy Law Firm Can Help

Medical malpractice cases are notoriously difficult to prove. The established standard of care can be difficult to determine, as it is measured by what a doctor or other healthcare professional with the same education, training, and experience would do in the same situation. This typically requires someone with knowledge of the law as well as current medical practices. Your case may require expert testimony, so you need a cerebral palsy law firm that also has an extensive network of medical professionals who are able to testify in your case. Lastly, your case will likely require a lawyer with deep experience in handling these cases. 

Contain Ragain & Clark – A Cerebral Palsy Law Firm You Can Count On

If your child has been diagnosed with cerebral palsy, we can help get the compensation they will need to cover their medical care and other expenses for the years to come. Contact us today at 406-651-8888 (Billings) or 307-388-6400 (Worland) to schedule a free consultation.


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