Cerebral Palsy & Medical Malpractice

Schmidt & Clark, LLP is No Longer Taking These Cases - If you feel that you may have a potential case, we urge you to contact another law firm adequately suited to handle your case.

Medical errors often occur in child birth, and can result in a range of health problems including cerebral palsy, which tends to manifest itself in the first few years of life. For the parents of children that sustain this type of injury as the result of medical errors, there is an opportunity to take legal action and sue for compensation, and this should be done with the help of an experienced cerebral palsy lawyer.

What’s the problem?

Every year, thousands of children are diagnosed with cerebral palsy as a result of a medical mistake at the time of birth which could have been prevented. While most cases of cerebral palsy are not tied to a medical error, some children would not have suffered the brain injury if the doctors, hospital, or nurses followed the proper standards of medical care during labor and delivery. 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

Medical errors, negligence, and malpractice can be very difficult to prove, particularly if the medical authorities have a team of expert lawyers working on their side to try and dispute your claim. However, by enlisting the assistance of a fully qualified and experienced cerebral palsy lawyer, you can file a successful lawsuit against the hospital responsible for the errors, and you could receive compensation for the injuries that your child has suffered.

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