December 15, 2017

Is Birth Injury A Cause of Cerebral Palsy?

Perhaps the best means to determine whether a birth injury could be the cause of cerebral palsy, is to understand what cerebral palsy is.  Cerebral Palsy is  the name given to disorders which affects muscle tone,  muscle development, and movement, or the ability to purposefully control the muscles.  According to United Cerebral Palsy Research and Education Foundation estimates, approximately 10,000 infants are diagnosed with cerebral palsy annually.  Cerebral Palsy can occur when the brain suffers damage to one or more areas, usually during fetal development, before, during, or soon after birth, and during infancy or early childhood.  A majority of the cases of cerebral palsy involve damage to the brain that occurs prior to birth, or prenatally.  However, cerebral palsy can also occur when a child does not receive adequate oxygen during  birth, or there has been physical trauma to the brain.

Many factors can contribute to an infant suffering from inadequate oxygen levels during birth such as:

  • •stress and trauma of the delivery
  • •pressure to the cranium that changes its shape causing bleeding or decreased blood flow
  • •small birthing canal relative to the infants head size
  • •prolapsed cord

Physicians are trained to monitor the wellbeing of the child during delivery, and address any unexpected complications that arise. If for instance the child is not progressing normally in labor, the doctor should take immediate preventative measures to relieve the stress on both the mother and the child.

Improperly monitoring a fetus during delivery, failure to perform a timely C-section, or substandard medical treatment of an infant are often causes of this injury. Cerebral palsy can also be caused by the misuse of various medications. These medications when administered incorrectly can affect the blood oxygen levels of the child, which can result in the fetus not receiving adequate oxygen.

Why Pursue a Birth-Injury Medical Malpractice Claim?

Cerebral Palsy is one of the most serious birth injuries and it is considered incurable.  The prognosis for a child with cerebral palsy will depend on the severity of the brain damage. Some children may require little to no assistance, while others may require special education and medical services for the rest of their lives.  This often puts extreme financial stress on families.  If it can be shown that the medical staff did not act appropriately when a potential problem was present, or it can be shown that they did not act in a manner that is consistent with established medical practices, they may be held responsible for medical malpractice.

Many people also pursue medical malpractice claims in an effort to make sure that the negligence is not repeated.  By raising awareness and forcing the negligent healthcare provider to correct the problem, you may be able to help ensure that the same event does not happen to another family’s child.

Don’t Miss Your Filing Deadline!

Time is of the essence when pursuing a medical malpractice claim. Indiana law imposes strict deadlines (also called “statutes of limitations”) in medical malpractice cases that will forever bar the claim if it is not filed in a timely manner. The law relating to the deadline can be exceedingly complex; therefore, one should not delay in consulting a qualified medical malpractice attorney to determine the applicable statute of limitations and review the case.

How to Request a Free Evaluation of Your Claim Today.

If you believe you may have a potential medical malpractice claim, The Powless Law Firm, P.C. would like to help. You can request a free case consultation today by calling us at 877-769-5377 or by submitting the free case consultation request form on this page.  Here is important information you should know about us:

  • ● We concentrate upon medical malpractice and nursing home neglect claims only, and have years of experience and success in doing so.
  • ● We never represent the negligent hospitals, nursing homes, healthcare providers or their insurers.
  • ● We offer free consultations.
  • ● We never require any retainer fee.
  • ● We accept cases on a contingency basis, meaning we only get paid if we obtain a recovery for you.
  • ● We work with a variety of highly qualified medical experts to thoroughly evaluate and present our cases.
  • ● We are committed to providing the attention and resources required in these complex cases to help make a difference for those harmed by medical malpractice, and to help force changes that will help protect others.
  • ● We accept cases anywhere in Indiana

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