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Medical Malpractice: Cerebral Palsy

Cerebral palsy is a serious birth injury that can occur during labor or childbirth. Often, this condition can be the result of doctor negligence and can be grounds for medical malpractice. While the exact cause of cerebral palsy is unknown and may vary from case to case, it is thought to be the result of an insufficient amount of oxygen to the baby’s brain during birth. This condition affects two to four children out of every 1,000 live births.

Cerebral palsy affects the parts of the brain that are responsible for balance, posture, and movement. Symptoms vary from person to person, but children with cerebral palsy typically will exhibit difficulties with movement, including sitting, crawling, or walking, and may also have problems with coordination, difficulty swallowing, tremors, or seizures. Different symptoms indicate different manifestations of the condition, including spastic, athetoid, and ataxic cerebral palsy, which can be diagnosed over time as the child develops.

Doctor Negligence during Delivery

Some cerebral palsy cases are genetic, but others can be caused by birth trauma. Even with the highest degree of care and professionalism, it is possible for things to go wrong, but there are some instances in which a doctor has made a careless mistake that directly caused the injury. In these instances, an individual may be able to claim that medical malpractice occurred if they can prove that the doctor was negligent.

Negligent behavior on the part of the doctor or other healthcare provider can include:

  • Failure to identify and/or treat conditions in the mother during pregnancy
  • Failure to respond to signs of fetal distress during delivery
  • Delay or failure to order a cesarean section if necessary
  • Improper use of birth-assisting instruments like forceps or a vacuum

Getting Help for Negligence-Caused Birth Injuries

If you suspect that your child has suffered a serious neurological injury like cerebral palsy during childbirth, contact a San Jose personal injury attorney from Habbas & Associates. Medical malpractice can be complex from both a medical and legal standpoint, so it is wise to seek legal counsel for help in determining liability. We can answer any questions you may have and will assist you in filing a lawsuit to recover compensation for medical care, physical therapy, and more. With over 200 years of legal experience, our team of caring, compassionate attorneys knows how to handle these types of cases and can seek maximum compensation that you are entitled to under the law.

Don’t delay in contacting our firm for a free, no-obligation consultation.

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