When you trust a medical team and facility to help you through birth, you expect them to uphold the highest standards of care.
Unfortunately, birth injuries are among the most common forms of medical malpractice, and neurological complications, such as cerebral palsy, can occur.
Examples of medical malpractice that can cause cerebral palsy
If your child receives a cerebral palsy diagnosis after issues during delivery, you may have the right to compensation under personal injury law. First, consider some different forms of medical negligence that can cause cerebral palsy:
- Negligent use of delivery tools, such as forceps and vacuum extractors
- Failure to detect or improper treatment of post-delivery infections
- Failure to identify a prolapsed umbilical cord
- Not performing a cesarean section when necessary
- Not recognizing the signs of fetal distress, such as lack of oxygen
If you suspect your child sustained a preventable injury resulting in their diagnosis, the facility may be liable for resulting losses. However, you must first prove liability.
Proving negligence
Individual medical staff, such as doctors and nurses, and medical facilities can be the defendant in a malpractice case. To prove liability, you must provide evidence showing the defendant violated the standard of care causing an injury. Additionally, you must show that the injury caused cerebral palsy.
Hospitals must have policies in place to prevent patient neglect, and they are responsible for adequately vetting hospital staff for education, licensing and training discrepancies.
Victims of medical neglect often face powerful legal teams, but a valid claim with solid evidence can result in a reasonable settlement.