Cerebral Palsy Lawsuits: What You Need to Know Before Filing a Claim

Legal Adviser March 5, 2016
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Birth Injury Lawsuit

Birth Injury LawsuitResearch shows that about 10% of children born with cerebral palsy are due to medical malpractice. With advancements in technology and medicine, this is a shocking statistic to contend with. If you think that your child has cerebral palsy and that the disability happened because of your doctor’s fault, it’s important to understand how birth injury lawsuits work and what your rights are.

Don’t let this issue of cerebral palsy at birth be a burden to your and your child’s life. Here’s what you need to know:

What is Cerebral Palsy?

Cerebral palsy, also called little’s disease, is a chronic disorder that impairs a child’s movement because of disruption of normal signals from the brain to the nervous system. This can occur during pregnancy, during delivery and shortly after birth.

It can also be caused by difficult labour, as the brain is compressed in the birth canal longer than expected. In some cases, deprivation of oxygen as a result of abnormalities in the umbilical cord can result in cerebral palsy. Both external and internal causes can lead to paralysis of the child’s brain thus reducing the chances of having a normal life.

Is it Preventable?

Doctors should be able to tell if the mother will have complications during childbirth or if she is at risk of contracting infections. The doctor should be able to identify the size of the baby and if the mother will not be able to deliver normally. In addition, they should tell if there is an umbilical cord prolapse.

If your doctor failed to treat or diagnose any of these conditions, they are liable for any injury caused and may be accused of medical malpractice. This applies to doctors who diagnosed the conditions, but failed to make the necessary plans around the aforementioned conditions. They are liable if they were in a position to prevent the injury from happening, but failed to do so.

How Can You File a Lawsuit?

Most lawsuits have a statute of limitations, meaning that you only have a certain amount of time to file the lawsuit. It’s important to consult an experienced birth injury lawyer who can give you advice and gather evidence and documents related to your case. Keep all your medical documents and baby’s appointment documentation properly, as this may help your case. If your case goes to trial, it may take a bit longer to receive compensation, but once the case is over, you are compensated for medical expenses as you wait for the outcome of the case.

If you have a child who has suffered from cerebral palsy at birth as a result of medical malpractice, it’s important to seek the counsel of an experienced birth injury attorney. They can help evaluate your case and determine if it’s worth fighting for in court.

Category: The Daily Bail
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