When we visit our doctor, we expect nothing but the best treatment and medical counseling. Unfortunately, this is not always the case, and thousands of patients are injured or die due to the negligence of doctors and health care professionals. However, there are ways you can obtain compensation from those liable for your injuries.
If you or a loved one have been injured due to the negligent actions of a health care professional, we may be able to help. Call the law offices of Bennet and Heyman, P.A. at (410) 429-7856 for your free, confidential consultation.
What is Cerebral Palsy?
Cerebral palsy is a debilitating neurological condition affecting motor functions in the body. In most cases, this illness generally happens due to abnormal brain formation during an infant’s gestation. Cerebral palsy can affect body movement, muscle control, reflexes, fine motor skills, and other bodily functions. People who have cerebral palsy can face difficulties doing things that otherwise would be more easily accomplished. In many cases, people with cerebral palsy may need assistance from things like crutches, wheelchairs, scooters, and other medical devices.
A newborn can show symptoms of cerebral palsy as early as the day of their birth, and also as they develop during their infancy. Common symptoms of cerebral palsy include difficulty eating, breathing, and keeping proper posture.
Leading Causes of Cerebral Palsy
As mentioned above, cerebral palsy can happen due to abnormal brain formation during the gestation period. However, there may be several other causes that can lead to this debilitating condition. According to the National Institutes of Health (NIH), some of the leading causes of cerebral palsy include:
Damage to the Brain
The child’s brain is most sensitive and delicate during the first 26 to 34 weeks of gestation. Any damage to the brain during this period increases the chances of developing cerebral palsy. The brain’s white matter is in charge of sending signs to different body parts. Damage to this particular area of the brain can disrupt it, ultimately affecting bodily function.
Bleeding in the Brain
Different conditions developed by the child during the gestation process can lead to bleeding in the brain, potentially causing a stroke. Bleeding in the brain may also increase the likelihood of developing cerebral palsy.
Lack of Oxygen
Lack of oxygen can be lethal. Depriving the brain of this essential element can put a child at risk of developing debilitating conditions, including cerebral palsy. Lack of oxygen can happen due to problems with the umbilical cord, trauma, detachment of the placenta and other complications during pregnancy.
These causes – among many others – are mostly associated with complications during the gestation process. However, cerebral palsy can also be caused as a result of medical negligence.
Cerebral Palsy Caused by Medical Malpractice
Medical malpractice is the legal term used when the negligent actions of doctors, nurses, surgeons, and other health care professionals cause harm to their patient. According to NIH, medical malpractice can be defined as the actions or omissions of a health care professional that deviate from the accepted norms of practices in the medical profession. Doctors are held to a higher degree of care, and they have to show the utmost care when treating patients from their initial consultation – where a doctor-patient relationship is born – to their discharge.
Cerebral palsy can be caused by medical negligence in different situations. Typical examples of this include:
- A delay in the delivery of a baby
- Failure to correct umbilical cord problems
- Excess force during delivery
- Wrongful use of forceps
Filing a Medical Malpractice Claim
To have a successful medical malpractice claim, you, as a plaintiff, have the burden to show several elements within the court. For instance, you will need to prove there was a doctor-patient relationship before, during, and after your pregnancy. Keep in mind that a medical opinion or advice from a doctor or health care professional does not constitute a doctor-patient relationship. Additionally, you will need to show that your doctor owed you a duty of care, which was breached, caused you harm, and as a consequence, you suffered losses. If successful, you may be able to obtain compensation for things such as medical expenses, pain and suffering, loss of enjoyment, and other damages.
Cerebral palsy caused by medical negligence can be extremely complex. It is always best to consult with a skilled, experienced medical malpractice attorney who can help you through the entire process.
Cerebral Palsy and Brain Damage Lawyer Serving Baltimore
Dealing with cerebral palsy can be incredibly overwhelming and challenging. This is especially true for parents who have to live with this reality. However, there are ways you can obtain compensation from the parties that harmed your child. Turn to the experience and skill of the personal injury and medical malpractice lawyers at Bennet and Heyman, P.A. We can help you hold the liable parties accountable for your losses. To learn more about your potential claim in a free, confidential consultation, call our law offices today at (410) 429-7856.