When a child develops cerebral palsy during the birth process, parents are entitled to know why their child has been injured. Unfortunately, families often do not receive satisfactory explanations from doctors and hospitals. At Schmidt & Clark, LLP, our mission is to hold liable parties responsible for medical negligence.
Free Cerebral Palsy Case Evaluation: If you or a loved one has been diagnosed with cerebral palsy, brachial plexus palsy or Erb’s palsy, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.
What’s the problem?
Did a medical mistake cause your child’s cerebral palsy? Unfortunately, medical mistakes are the cause of thousands of cerebral palsy cases each year. The following are just a few of the mistakes made during delivery that have caused children to be born with cerebral palsy:
- Leaving the child in the birth canal too long causing a lack of oxygen to the brain
- Failure to recognize and treat seizures following delivery
- Failure to detect a prolapsed cord (the umbilical cord can wrap around the child’s neck, cutting off oxygen to the brain)
- Excessive use of vacuum extraction
- Improper use of forceps
- Failure to perform a cesarean section in the presence of fetal distress
- Not responding to changes in the fetal heart rate
- Failure to plan a C-section (a high birth weight infant could compromise normal, spontaneous, vaginal delivery)
- Failure to respond to the mother’s changing conditions, such as high blood pressure or toxemia
- Failure to timely diagnose and treat jaundice
- Failure to timely diagnose and treat meningitis
What is medical malpractice?
Medical malpractice occurs where a medical practitioner acts in a negligent manner when treating a medical condition. Malpractice can occur from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
- Failure to diagnose, or misdiagnosis of a disease or medical condition
- Failure to provide appropriate treatment for a medical condition
- Unreasonable delay in treating a diagnosed medical condition
Many physicians have taken the position that cerebral palsy is not and cannot be caused by doctors, and that it is virtually always caused by factors beyond the doctor’s control long before the baby is born. This view, while not supported by the credible research or literature, is nevertheless surprisingly common among certain physicians and nursing practitioners. To get a fair review of the probable causes of your child’s cerebral palsy brain injury, it is very important for the lawyer representing you to make sure that the professionals who review your case are free of such biases.
Do I have a Cerebral Palsy Medical Malpractice Lawsuit?
The Birth Injury Litigation Group at our law firm is an experienced team of trial lawyers that focus exclusively on the representation of plaintiffs in cerebral palsy, brachial plexus palsy, and Erb’s palsy lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.