Legal Considerations: Medical Negligence and Birth Injury Cerebral Palsy

Legal considerations in medical negligence and birth injury cerebral palsy cases encompass:

• Pinpointing instances of malpractice
• Comprehending the potential role of healthcare providers in the condition’s cause
• Seeking compensation for the affected families

Medical negligence is defined as a failure to provide the expected standard of care to a patient, which in this case could have resulted in harm to the child before and during childbirth.

If a child is suspected of having cerebral palsy due to medical negligence, seeking financial compensation might be a viable option. This can help cover the costs of:

• Medical care
• Therapy
• Adaptive equipment
• Other expenses related to the child’s condition.

Identifying Medical Malpractice

Pinpointing medical malpractice in cerebral palsy cases might necessitate scrutinizing healthcare providers’ conduct during childbirth and deciding whether they overlooked necessary precautions or contributed to the child’s brain damage. This can include:

• Reviewing medical records
• Interviewing witnesses
• Consulting with medical experts to assess the care provided to the mother and baby during delivery, as well as any potential complications that may have arisen.

Examining electronic fetal monitoring data can also be beneficial in determining any medical errors or negligence that may have taken place during labor and delivery. This data can provide information on the infant’s heart rate, oxygen levels, and other vital signs during labor and delivery.

If medical negligence is identified, affected families may be eligible for financial compensation to help cover the costs associated with the child’s cerebral palsy.

Pursuing Compensation in Florida

Seeking compensation in Florida for birth injury cerebral palsy cases involves engaging a proficient attorney who can guide through the legal process and represent the child and family’s interests. The legal process for pursuing compensation involves filing a medical malpractice lawsuit against the responsible party within the statute of limitations, which is two years from the date of injury or the date of discovery of the injury.

A knowledgeable attorney can:

• Guide the legal process
• Ensure that the affected child and family receive the compensation they are entitled to
• Provide counsel on the best course of action
• Ensure that the case is managed appropriately

This can be a crucial step in securing the necessary resources to provide the child with the best possible care and support throughout their life.

Frequently Asked Questions

What kind of birth injury causes cerebral palsy?

Cerebral palsy is caused by brain injury before, during, or immediately after delivery, usually due to oxygen deprivation or trauma to the head. Common causes include detachment of the placenta, uterine rupture, problems with the umbilical cord, asphyxiation, meningitis, and other health risks in the mother, such as rubella, syphilis, Zika, or thyroid problems.

These health risks can be avoided by taking proper precautions during pregnancy, such as getting vaccinated, avoiding alcohol and drugs, and getting regular check-ups. Additionally, it is important to be aware of any potential complications during delivery, and to seek medical attention.

What are the signs of cerebral palsy after birth?

Signs of cerebral palsy after birth include low muscle tone, inability to hold up head, muscle spasms or stiffness, poor muscle control, reflexes and posture, developmental delays in reaching milestones, abnormal muscle tone, abnormal posture and involuntary movements.

How common is cerebral palsy birth?

Cerebral palsy is the most common motor disability of childhood, with estimates indicating that approximately 1 in 345 children has been identified with CP.

According to the CDC, the prevalence of CP is 1 to nearly 4 per 1,000 live births or per 1,000 children, making it a relatively common birth condition.

Call 407.612.6464 • 863.324.3500 today to speak with an experienced Birth Injury Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.