When It Looks Like a Cerebral Palsy Diagnosis Suggests Malpractice
When you first get the news, you may be devastated. After all, a diagnosis of cerebral palsy certainly sounds scary. Nothing seemed unusual during your pregnancy. After every office examination and ultrasound, the doctor reassured you that your baby appeared healthy. Meanwhile, you can’t help but think back to the delivery room. Something just didn’t seem right. Could medical malpractice have anything to do with your child’s cerebral palsy diagnosis?
Truth be told, your instincts may be correct. According to research studies, approximately ten percent of cerebral palsy diagnoses causally relate to medical malpractice. The Centers for Disease Control and Prevention (CDC) find that some of these cases involve oxygen disruption during birth.
During the birth process, babies denied of oxygen may suffer hypoxic events, which means they do not receive enough oxygen to their brain. Meanwhile, there is also the potential that the infant does not get enough oxygen to the body, which is known as asphyxia. Either of these conditions can result in long term medical consequences.
In some cases, a mismanaged breech delivery can result in a loss of oxygen to your baby. Should the doctor have considered a caesarean section rather than a vaginal delivery.
Cerebral Palsy and Medical Malpractice
Think back. During your child’s delivery, you were likely hooked up to some medical equipment. A fetal monitoring machine tracks your baby’s heartrate and helps determine if he or she is in distress. In some cases, medical personnel may become distracted and fail to notice that the fetal monitoring strips demonstrate prospective medical issues.
If your child is diagnosed with any birth injury, including cerebral palsy, an experienced medical malpractice attorney will request the fetal monitoring strips for review by a doctor trained in labor and delivery.
Cerebral palsy in newborns has also been traced to maternal infections. Did the obstetrician fail to diagnosis something such as a blood infection in the mother? Did the mother have fever during labor?
Were forceps used during the delivery? While warranted in some situations, they can also be used inappropriately and cause birth injuries.
The bottom line is that medical providers are expected to maintain a standard of care when attending to patients. The failure to do so may result in long term consequences.
At the Law Offices of Anthony Carbone, we have three decades of experience advising clients on medical malpractice claims. Contact us to see how we can assist you. We look forward to meeting with you.