Cerebral Palsy as Medical Malpractice Explained

Cerebral palsyCerebral palsy is a non-progressive yet permanent condition that affects the posture, muscle tone, movement and even motor skills of an individual. In most cases, CP is developed while the child is still in the womb. However, there are also instances that a birth injury occurs out of one’s negligence, causing CP to develop.

Cerebral Palsy as Medical Malpractice

When the brain gets insufficient supply of oxygen for a long period, this causes a brain injury. Instances as long labor period and the umbilical cord getting coiled around the neck are common causes of CP development at birth. The longer the brain experiences oxygen deprivation, the more likely the development and severity of cerebral palsy.

About 10% of individuals with CP are the result of a medical malpractice. This is when the doctor or medical practitioner is aware of the problem but refuses or fails to do something to avoid it. At the same time, a medical practitioner who did not take action to reverse or stop cerebral palsy development may also be considered as negligence and a form of medical malpractice.

How CP Could Have Been Avoided

The effects of oxygen deprivation to the brain may be reversed through hyperbaric oxygen therapy. This process supplies large amounts of pure oxygen to the child while inside an enclosed chamber, allowing the brain to heal.

CP may also have been avoided if problems during pregnancy or birth have been diagnosed early and have been given proper and immediate attention.

What to Do if Medical Malpractice is to Blame

If you believe that your child suffers from CP because of neglect by the attending physician or other medical staff, then you should get a cerebral palsy attorney. However, you first need to gather as much information and evidence as possible to show that there indeed occurred a medical malpractice. Medical bills and records, and proof of therapies received must also be collected and kept. You should also check your state’s statute of limitations or the deadline for filing of claims.

To care for and provide for the needs of a child with CP is a lifetime responsibility. You should know your rights and receive fair compensation for the suffering, pain, emotional distress, and financial burden if caused by someone’s negligence.