Cerebral palsy is a disorder that usually occurs during pregnancy or during childbirth. Lack of oxygen to the brain causes brain damage to areas of the brain that regulate muscle movement. The lack of oxygen can occur due to a number of factors, and in some cases, it can be the fault of the medical team during the time of delivery.
Cerebral palsy is a difficult condition to live with for children. They will never be able to live as other children, play openly, nor will they be as free as other children will. Parents also have a difficult time giving their child adequate care and must supervise their child at all times. This can be stressful for parents and on any of the other children in the household.
Malpractice of the Medical Team
When cerebral palsy is considered the fault of the doctors or the medical team on staff, a birth injury lawsuit is required to investigate further in detail exactly what occurred and who was at fault. Many mistakes can be made by the medical team that can cause the brain to receive inadequate amounts of oxygen.
- If the umbilical cord is wrapped around the neck, they may take too long to remove it, causing a severe lack of oxygen to the brain.
- If the delivery takes too long, and if the baby is stuck in the birth canal, there will be a lack of oxygen to the brain.
- If the doctors use any instrument to help deliver the baby, they may cause brain trauma.
- If the doctor’s do not act quickly enough to perform an emergency caesarean section which can result in the baby not receiving enough oxygen.
Filing a Cerebral Palsy Lawsuit
If a parent believes that the disorder their infant now has to live with for the rest of their lives is due to the mistakes of their medical team, they can file a cerebral palsy lawsuit against the doctors. Although nothing will ever compensate for the losses of the parents and the child, a compensation package can help the child receive the best care and also help parents try to give their child the best they can.
Many legal factors must be taken into account when filing a cerebral palsy lawsuit. The parents must consult with an experienced attorney before they begin. Proving medical malpractice can be a difficult task, and an attorney will know where to start and who to question.
There is also a time limit, called the statute of limitations, which gives the parent a certain amount of time they have to file a cerebral palsy lawsuit. An attorney will discuss all the details with the parents and will inform them if they are eligible to file a lawsuit.
What needs to be proven?
The most important part of filing a cerebral palsy lawsuit is to be able to prove your case. Here is a list of the criteria that must be proven to win a cerebral lawsuit.
- The parents must be able to prove that the doctor or medical staff (the defendant) had a ‘duty of care’ for your infant.
- The parents must also prove that due to the doctor or medical staff’s mistakes, their child suffered brain trauma that caused cerebral palsy.
- There must be an ‘expert testimony’ given by a medical professional who will testify that the information regarding the cause of cerebral palsy is correct.
- The parents must also list what damages or losses were caused by the defendant’s negligence. These can include the cost of medical care, pain and suffering or even disability.