What Causes Cerebral Palsy?
Cerebral palsy is caused by damage to the developing brain, which can occur before, during, or shortly after birth. The most common causes include:
- Birth asphyxia (lack of oxygen): Prolonged oxygen deprivation during labor and delivery can result in brain damage, leading to cerebral palsy. This is often linked to issues such as umbilical cord complications or delayed C-sections.
- Trauma during delivery: Physical trauma caused by the improper use of forceps or vacuum extractors can cause bleeding or injury to the brain.
- Maternal infections: Infections during pregnancy, such as rubella or cytomegalovirus, can increase the risk of brain damage in the developing fetus.
- Jaundice and kernicterus: Severe, untreated jaundice can lead to kernicterus, a condition that causes brain damage and cerebral palsy.
- Genetic mutations: Although less common, some cases of cerebral palsy are linked to genetic abnormalities affecting brain development.
Can Cerebral Palsy Be Prevented?
In many cases, cerebral palsy is preventable. Proper prenatal care, careful monitoring during labor, and prompt intervention when complications arise can significantly reduce the risk. Unfortunately, medical negligence can lead to preventable brain injuries, resulting in a lifetime of challenges for the affected child.
If your child’s cerebral palsy was caused by medical errors, our attorneys are here to help you hold the responsible parties accountable. We understand the devastating impact of a birth injury and are dedicated to securing the compensation your family needs for long-term care and support.
Can Medical Negligence During Birth Cause Cerebral Palsy?
Yes, medical negligence during birth can cause cerebral palsy. While some cases of cerebral palsy result from unavoidable factors or genetic conditions, many are directly linked to preventable medical errors. Understanding the link between negligence and cerebral palsy can help you determine whether your child’s condition could have been prevented.
How Can Medical Mistakes Lead to Cerebral Palsy?
Medical negligence during labor and delivery can result in serious brain injuries that lead to cerebral palsy. These injuries often occur when healthcare providers fail to follow standard medical practices or make critical errors during childbirth. Below are some of the most common negligent actions that can cause cerebral palsy:
Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy – HIE)
A common cause of cerebral palsy is the lack of oxygen to the baby’s brain during birth. This can happen when medical staff fail to properly monitor fetal distress, delaying an emergency C-section despite clear warning signs. If a newborn’s brain is deprived of oxygen for even a short time, it can result in irreversible brain damage.
Improper Use of Delivery Tools
During difficult deliveries, doctors may use tools like forceps or vacuum extractors to assist with the birth. However, incorrect or excessive force can cause trauma to the baby’s head and brain, leading to cerebral palsy.
Failure to Monitor Fetal Distress
During labor, fetal heart rate monitors help detect signs of distress that may indicate oxygen deprivation. If a healthcare provider fails to act when abnormal heart rate patterns appear, the baby may suffer brain damage that could have been prevented with timely intervention.
Untreated Infections
Infections during pregnancy, such as chorioamnionitis, or untreated newborn infections like meningitis, can lead to brain inflammation and subsequent cerebral palsy. Healthcare providers have a duty to recognize signs of infection and administer appropriate treatment promptly.
Mismanagement of Jaundice
Severe jaundice that goes untreated can lead to kernicterus, a form of brain damage that results in cerebral palsy. Proper screening and early treatment of jaundice are crucial to preventing this outcome.
What Happens if Medical Negligence Is Proven?
If we can prove that medical negligence caused your child’s cerebral palsy, you may be entitled to significant compensation. This can cover:
- Medical expenses for treatments, therapies, and ongoing care.
- Assistive devices and modifications to your home or vehicle.
- Special education services and vocational training.
- Pain, suffering, and diminished quality of life.
- Lost earning capacity if your child will be unable to work as an adult.
Our legal team fights for the maximum compensation available to ensure that your child’s needs are met now and in the future. We understand that no amount of money can undo the harm caused, but financial support can help provide the care and resources your child deserves.
How Can We Help You Take Legal Action?
If your child was diagnosed with cerebral palsy and you suspect medical negligence, do not wait to seek legal advice. Time is of the essence in birth injury cases, and gathering evidence early is essential to building a strong case.
Contact our compassionate attorneys, Jonathan Schochor and Kerry Staton, today for a free, no-obligation consultation. We will listen to your story, assess your case, and explain your legal options. Call us at (410) 234-1000 to start your journey toward justice.
Can I Sue the Doctor or Hospital for My Child’s Cerebral Palsy?
Yes, you can sue the doctor or hospital if their negligence caused your child’s cerebral palsy. When medical professionals fail to meet the accepted standards of care during pregnancy, labor, or delivery, and that failure leads to brain damage or injury, they can be held legally responsible.
What Are the Legal Grounds for Suing?
To successfully sue for cerebral palsy caused by medical negligence, you must prove four key elements: duty of care, breach of duty, causation, and damages.
First, the healthcare provider must have had a duty of care to deliver competent and safe medical treatment during pregnancy, labor, and delivery. This duty is automatically established when a medical professional undertakes prenatal or delivery care.
Next, there must be a breach of duty, meaning the provider failed to meet the accepted medical standard. This could include errors like neglecting to monitor fetal distress, improperly using delivery tools, or delaying an emergency C-section.
Third, causation requires proving a direct link between the provider’s mistake and the child’s cerebral palsy. For example, if a delayed response to fetal distress caused oxygen deprivation, which led to brain damage, causation is established.
Lastly, damages must be shown, demonstrating that the injury resulted in significant harm, such as lifelong medical expenses, pain and suffering, lost earning potential, and ongoing care needs.
Who Can Be Held Liable for My Child’s Cerebral Palsy?
Several parties might be legally responsible for your child’s injury, including:
- Doctors (OB/GYNs or Pediatricians): If a physician failed to recognize signs of fetal distress, improperly used delivery tools, or made critical errors during childbirth, they can be held accountable.
- Nurses and Medical Staff: Failing to monitor the baby’s heart rate, administer necessary medications, or promptly escalate issues to a physician can also constitute negligence.
- Hospitals: Institutions can be held liable if inadequate policies, lack of staff training, or equipment failures contributed to the injury.
- Medical Facilities: Sometimes, clinics or birthing centers can be responsible for not maintaining proper standards of care.
Our attorneys carefully examine every aspect of your case to identify all potentially liable parties. Holding multiple parties accountable can increase the potential for a full and fair compensation recovery.
Why Is It Important to Act Quickly?
Taking legal action promptly is critical due to the statute of limitations. In Maryland, cerebral palsy cases involving minors generally allow until the child’s 21st birthday to file a lawsuit. However, parents’ personal claims (such as medical expenses they paid) may need to be filed much sooner—often within three years from the discovery of the injury.
Waiting too long can jeopardize your case, as evidence may be lost or become harder to obtain over time. Early legal intervention helps preserve crucial medical records and witness testimonies, strengthening your claim.
What Compensation Can You Recover?
If medical negligence caused your child’s cerebral palsy, you may be entitled to compensation for:
- Medical Expenses: Past, present, and future costs associated with treatment, therapy, and care.
- Pain and Suffering: Compensation for the physical and emotional challenges your child and family endure.
- Special Education and Therapy Costs: Financial support for specialized education, physical therapy, speech therapy, and more.
- Loss of Earning Capacity: If cerebral palsy impacts your child’s ability to work in the future, the compensation should cover potential lost wages.
- Home Modifications and Assistive Devices: Adaptations to accommodate mobility challenges, including wheelchairs, ramps, and modified vehicles.
Can We Recover Compensation in a Cerebral Palsy Malpractice Case?
If medical negligence led to your child’s cerebral palsy, you may be entitled to significant financial compensation. A successful lawsuit can help secure the resources necessary to cover medical care, therapies, assistive devices, and other essential needs throughout your child’s life.
Why Is Full Compensation Crucial?
Families caring for a child with cerebral palsy often face financial burdens that can last decades. Ensuring comprehensive compensation means your child will have access to the best possible care without placing undue stress on your family’s finances. This support helps secure a stable and dignified future for your child.
How Can Our Attorneys Help You Secure Maximum Compensation?
Jonathan Schochor and Kerry Staton understand the profound impact cerebral palsy has on families. We know that financial support can make a significant difference in your child’s quality of life. That’s why we fight tirelessly to obtain maximum compensation for our clients.
Our team thoroughly investigates your case, gathers compelling evidence, and consults with specialists to present a strong argument for full recovery. We also navigate Maryland’s legal complexities to ensure your claim is filed correctly and within the statute of limitations.
Ready to Pursue Justice for Your Child?
If your child was diagnosed with cerebral palsy due to medical negligence, don’t wait to take action. Call our experienced North Bethesda cerebral palsy attorneys today to discuss your legal options. We offer a free, no-obligation consultation to help you understand your rights and how we can help.
Reach out at (410) 234-1000 to speak directly with Jonathan Schochor or Kerry Staton. We are here to support your family and fight for the compensation your child deserves.
