Cerebral palsy is generally caused by brain damage during the birth and delivery process. Do you believe medical malpractice contributed to your child’s CP?
Most people understand what cerebral palsy is, but they do not always understand its true cause: brain injury that occurs during birth. They accept it as simply an unfortunate occurrence with no known cause. While this may be true some of the time, it is not always the case. Many times infants are born with cerebral palsy due to a negligent action during the birthing process.
Causes of cerebral palsy.
In most cases, children who have cerebral palsy were born with it, quite often as the result of a lack of oxygen to the brain or body, premature birth, or trauma during the delivery process. It’s important to understand that just because a child is born with cerebral palsy doesn’t always mean any medical malpractice occurred; even under the best of circumstances and the highest prenatal care and proper delivery procedures, things can go wrong. However, when medical malpractice is believed to be the cause of a child’s development of cerebral palsy, the common causes include:
- Failure to detect and/or properly treat infections such as meningitis during pregnancy.
- Failure to properly monitor the fetal heart rate during labor and delivery.
- Failure to detect the existence of a prolapsed umbilical cord during pregnancy.
- Failure to plan and schedule a cesarean section procedure when the size of a baby prevents it from safely passing through the birth canal.
- Making negligent and unreasonable errors when using instruments such as vacuum and forceps while delivering a baby (could be using them when not necessary or not using them when necessary).
Regardless of the reason for the development of the condition, you should also be aware of the three main types of cerebral palsy:
- Spastic cerebral palsy - This is the most common type of cerebral palsy and accounts for approximately 80 percent of the CP cases out there. Patients with this type of cerebral palsy have great difficulty moving and suffer from stiffness because of tightness that exists in one or more muscle groups. They may also find it difficult to hold onto and release objects.
- Athetoid cerebral palsy – Athetoid cerebral palsy accounts for about ten percent of all cases of CP. Patients usually experience involuntary movement, slurred speech, problems swallowing, low muscle tone, and being incapable of maintaining posture
- Ataxic cerebral palsy – Those who suffer from ataxic cerebral palsy account for the remaining ten percent of cases. These patients usually suffer from problems with depth perception, tremors, difficulty coordinating movements of the muscles, and a distorted sense of balance.
Getting help for cerebral palsy caused by malpractice.
Cases of cerebral palsy that result from birth injuries and delivery errors can be quite complex from both the legal and medical perspectives. This is usually because there are highly technical issues of treatment and questions about liability.
Attorney Jeff Rasansky handles cerebral palsy cases, and his experience shows that Rasansky Law Firm is more than prepared to take on your case.
Notable verdicts and settlements.
Some of Mr. Rasansky’s well-known settlements include:
- Largest reported settlement in a malpractice case in 2001 in the matter of Hamilton v. Baylor Hospital et al.
- Negotiated a settlement of more than $10 million in the case of an infant who suffered catastrophic impairment while receiving medical treatment.
- Represented two other children where he obtained successful awards in the amount of $4.5 million dollars and another one for $2.0 million dollars.
- Won a malpractice lawsuit on behalf of the family of a newborn infant who suffered a severe brain injury after labor and delivery.
Still unsure if Rasansky Law Firm is right for you? Take some time to read the free books and reports which Jeff Rasansky has written on the subject of cerebral palsy: