Cerebral palsy medical malpractice
Cerebral palsy is often caused by a medical mistake during childbirth. If you suspect your child’s condition was the result of cerebral palsy medical malpractice, you may be eligible for financial compensation. These funds can help you provide your child with the care and resources they deserve throughout their lifetime.
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What is cerebral palsy medical malpractice?
Cerebral palsy medical malpractice occurs when a doctor or other health care professional causes the condition to occur through a negligent act during the birthing process.
A cerebral palsy medical malpractice claim must prove that:
- The medical professional had a duty to provide care to the patient (doctor-patient relationship)
- The medical professional’s actions (or omissions) fell below the accepted standard of care, causing a breach of duty
- There was a direct link between the CP diagnosis and negligence
Families often have many unanswered questions following a CP diagnosis. While the causes of cerebral palsy are not always known, the reality is that health care providers may make or cover up their mistakes.
Our on-staff labor and delivery nurses can help you determine if medical malpractice may have played a role in your child’s condition. If you suspect that a health care professional’s mistake caused your child’s cerebral palsy, you may also have legal options.
Forms of cerebral palsy medical malpractice
Brain damage causing cerebral palsy can be the result of medical errors or negligence that occurred before, during, or shortly after the birthing process.
Examples of medical malpractice that may cause cerebral palsy include failure to:
- Detect and address fetal distress, like lack of oxygen (hypoxia)
- Identify umbilical cord prolapse (when it drops down before the baby)\
- Properly treat infections
- Schedule or perform a necessary cesarean section (C-section)
- Use delivery tools like forceps or a vacuum extractor correctly
If you have any reason to believe your child’s condition was preventable, you may be able to seek compensation from a cerebral palsy medical malpractice lawsuit.
“My daughter has cerebral palsy. I never would have thought that a medical mistake could change her life, but it did. I loved my doctor and was hesitant to call a law firm, but I am so glad I did. They helped me understand what happened to my daughter, and now she is taken care of.”
– Parent in Colorado
Can a hospital cause cerebral palsy?
Yes, a hospital can be liable for cerebral palsy medical malpractice. Birth injury lawsuits are often filed against multiple defendants, including individual physicians and the hospital as a whole.
Hospitals are expected to have policies and practices in place to avoid any instances of patient harm. They are also required to provide all patients with a safe and sterile environment.
Additionally, hospitals are responsible for hiring staff with appropriate medical education, training, and licensing. The hospital can be held legally accountable if a staff member does not meet the requirements to practice.
Hospitals can also be held responsible for a birth injury caused by a lack of on-duty medical professionals. The hospital has a duty to ensure that there are enough staff members at all times to keep patients safe.
Find out if you have a legal case
The best way to figure out if you may be able to file a cerebral palsy medical malpractice lawsuit is to contact an experienced attorney.
Negligent medical professionals should be held responsible for cerebral palsy medical malpractice. Working with an experienced cerebral palsy law firm may help improve your chances of securing compensation for your child.
Get a free case review now to learn more about cerebral palsy medical malpractice and find out if you may be eligible for financial compensation.
Cerebral palsy medical malpractice FAQs
Is cerebral palsy caused by medical malpractice?
Cerebral palsy is caused by medical malpractice when negligent care during childbirth leads to the child’s injury, making doctors responsible for the condition. However, cerebral palsy is a complex condition, and its causes are not always known.
Many families are unsure about what caused their child’s cerebral palsy, and sometimes, health care providers try to hide their mistakes. An experienced cerebral palsy medical malpractice attorney can help you get to the bottom of what caused your child’s condition.
Can cerebral palsy be caused by doctors?
Cerebral palsy can be caused by doctors if they are negligent with their care during childbirth.
Medical professionals are expected to uphold the accepted standard of care. When that standard of care is not met and results in an injury such as cerebral palsy, doctors can be held responsible.
How do lawyers prove medical malpractice?
Lawyers must gather evidence to prove that the child’s condition was caused by medical malpractice.
An experienced cerebral palsy attorney will gather documentation like medical records, maternal medical history, photographs, hospital bills, and more.
Attorneys from the best birth injury law firms have access to extensive medical and legal databases to support your claim and help build your case.