Cerebral Palsy Lawsuit

If a newborn fails to receive enough oxygen during delivery and subsequently suffers brain damage, the baby may end up with a diagnosis of cerebral palsy. If the cause of the brain injury is the failure of healthcare professionals to react in a timely fashion to fetal distress, used equipment such as vacuums or forceps incorrectly, or failed to perform a Cesarean Section (C-section) when called for, the actions or failures of action on behalf of the attending medical staff may amount to medical malpractice.  In these cases, a cerebral palsy lawsuit may provide at least some measure of relief to the victims of the medical negligence.

When a child has cerebral palsy, he or she faces a lifetime of possible problems such as pain, seizures, muscle weakness, involuntary movements of the muscles, or stiffness. Along with that comes the need for significant time and care on the part of the child’s family members along with substantial medical bills.

If you have a child who was diagnosed with a cerebral palsy birth injury and believe it may have occurred due to the negligence or malpractice of a doctor or hospital, talk to a birth injury lawyer at  Balkin & Eisbrouch to learn whether you or your child qualify for compensation.

Learn more about the diagnosis of cerebral palsy.

Medical negligence and cerebral palsy

Medical negligence is not the only cause of cerebral palsy, but the condition is often a byproduct of birth injury due to mistakes made by the medical staff and professionals overseeing the birth. Find out more about the causes of cerebral palsy.

When there are signs of distress, there are specific standards of care that must be followed. If the medical staff adheres to the standards of care, cases of cerebral palsy could be avoided. However, if a doctor, nurse, or any other healthcare professional involved in the birth doesn’t follow those guidelines, there could be liability due to medical negligence and a potential lawsuit to recoup damages.

When preparing a cerebral palsy lawsuit, an attorney will examine the situation that led to the birth injury including the medical staff’s response to any problems that might occur such as umbilical cord problems, shoulder dystocia, and other warning signs of an increased risk of fetal distress. When the fetus is deprived of oxygen, often an emergency c-section or other evasive measure will be indicated.  If doctors fail to address the problem or if they fail even to observe the problem in the first place, they will likely be found to have acted negligently.

Cerebral palsy lawsuit settlements

When a lawsuit is filed on behalf of a family that has been affected negatively by cerebral palsy due to medical mistakes, they can achieve justice through litigation and receive an award to help cover the emotional and financial costs of living with such a injury.

In a recent case, A Florida hospital was ordered by state lawmakers to pay $15 million to a boy who suffered a birth injury leading to cerebral palsy due to medical negligence.

Another case in Connecticut resulted in a jury awarding a family whose son had cerebral palsy due to birth injury after medical negligence with $58 million. In this case, the parents held the doctor responsible for waiting too long to perform a C-section; for failing to have the proper medial staff present; and for neglecting to check on the position of the infant before performing the C-section.

Contact a birth injury attorney

The cerebral palsy attorneys at Balkin & Eisbrough have over 40 years of experience litigating cerebral palsy lawsuits and other medical malpractice claims.  If you want to learn more about filing a suit,  contact a birth injury lawyer at Balkin & Eisbrouch to discuss your potential claim today. There is no charge for a consultation and you pay no money unless we win your case.