Cerebral palsy is caused by brain injury that occurs before, during or immediately after birth. This is because the brain of the infant is still under development. The extent to which a brain injury can affect a child’s intellectual abilities and motor functioning depends on its nature and severity. Sadly, about 10% of children with cerebral palsy acquire this condition after birth.
If your child had cerebral palsy at birth, which could have been prevented by a physician, then that physician is liable for malpractice because they failed to do their responsibility.
What Makes a Physician Liable?
Tyrone Law Firm and other legal and medical professionals state that a physician should diagnose whether a mother is likely to have complications during childbirth or whether she has infections.
For instance, they should evaluate the baby’s size before birth. If the baby is too large to be delivered normally, they can schedule a C-section to avoid longer and difficult labor. Additionally, failure to detect or diagnose umbilical cord prolapse may cause injury to a child’s brain due to deprivation of oxygen. If any of the above resulted in your child’s cerebral palsy, then you need to file a lawsuit.
Why a Lawsuit is Necessary
It is costly — not to mention, continuous — to take care of a child with cerebral palsy. The cost can go up to $1 million depending on how severe the disorder is. Therefore, handling medical care, home care, therapy, and rehabilitation for a lifetime can overwhelm your budget. When you file a lawsuit, you hold the liable physician responsible for their actions of negligence. If you win your case, you will be compensated for the care, treatment expenses as well as other damages.
It is best to seek the services of competent lawyers to be advised accordingly on what to do in case of negligence on the part of the medical doctor. This way, you will get justice for your child.