Can Your Doctor Be Liable for Your Child’s Cerebral Palsy?
Cerebral palsy (CP) puts an enormous strain on families. Constant emotional, financial, and social challenges are ever present. This condition, which affects muscle tone and coordination, is sometimes the result of medical malpractice, defined as negligent or unskilled patient treatment by a healthcare professional.
Fortunately, through a medical malpractice lawsuit, medical professionals can be held accountable for their unacceptable lapses.
Understanding Cerebral Palsy
Cerebral palsy is a condition that wreaks havoc on a child’s coordination and muscle tone. Children with this condition, which results from damage to the developing brain, experience a range of symptoms that vary from child to child. Common symptoms include:
- Exaggerated reflexes
- Floppy arms, legs, or trunk
- Stiff or rigid muscles (spasticity)
- Abnormal posture
- Unsteady gait
- Uncontrolled movements
Medical professionals use five categories to classify the main types of cerebral palsy:
- Spastic: Stiff muscles and jerky repetitive motions
- Dyskinetic: Uncontrollable, slow, jerky movements
- Ataxic: Depth perception and balance issues
- Mixed: Symptoms from various types of cerebral palsy
- Hypotonic: Floppy limbs, low muscle tone
The most common type of cerebral palsy is spastic CP. Ataxic and hypotonic are the rarest.
How Medical Malpractice Can Lead to Cerebral Palsy
Substandard medical treatment and care can lead to cerebral palsy before, during, and after the birth of a child. Before labor, mothers receive prenatal care, during which doctors and other professionals may potentially make various errors that cause the baby’s brain to be injured, such as:
- Failure to properly treat infections and conditions that may lead to cerebral palsy
- Medication errors
- Blood type mismanagement
Misdiagnosis may also lead to the development of CP if a doctor fails to diagnose a developing condition.
During labor and delivery, the child is particularly vulnerable and can suffer a traumatic brain injury at the hands of careless professionals. The improper use of forceps and vacuums may also exert enough force on a child’s head to cause damage. Delayed or improper C-section actions can cause CP as well.
Key Factors of Determining Liability
To support a claim of medical practice, your medical malpractice lawyer must prove:
- Duty: There must be a duty of care established by the doctor/patient relationship
- Breach of Duty: The doctor breached the duty of care with negligent acts
- Causation: The breach of duty must have caused the injury (cerebral palsy).
- Damages: The victim experienced compensable damages
Before proving these elements, your attorney must first acquire a certificate of merit. This document must be presented with your lawsuit and contain an affirmation and signature from a qualified licensed medical professional that your case has merit.
Gathering Evidence for Your Case
To be successful in your case, your attorney must gather convincing evidence of malpractice, which is typically found in evidence such as:
- Medical records
- Medical expert testimony
- Witness testimony
- Work schedule and scheduling protocols
- Licenses, certification, and experience of the involved medical professionals
As a parent of a child with CP, you can do much to aid in evidence-collection efforts by writing down or recording everything you remember about the prenatal care of your child and the delivery. You can also document your family’s financial and emotional struggle caused by the injury. Additionally, keep all medical bills and receipts of related expenses to help your attorney prove damages.
The Role of a Medical Malpractice Attorney
Your attorney will ensure that your claim is properly filed and presented with strong evidence and a proper accounting of the damages you should receive. They will fiercely negotiate for an appropriate settlement or fight for you in court.
Accomplishing this requires thorough investigations of every aspect of your case, extensive evidence-collection efforts, and detailed strategizing for an optimal outcome. If you believe your child suffered a birth injury, you should consult with a Pensacola birth injury attorney to discuss your options.
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