Liability for Children Born with Cerebral PalsyNY/NJ Legal News
Cerebral palsy is an expansive term that is used in reference for an array of disorders that impact a person’s ability to control their muscles. This condition refers to people who have problems moving their muscles as a result of brain damages inflicted during pregnancy, birth, or in the immediate aftermath of childbirth.
In many cases, children who suffer from cerebral palsy would have been born healthy had they not suffered irreversible injuries and complications during the pregnancy or birthing process. Some of the most consequences of cerebral palsy are seizures, lack of oxygen, bleeding in the brain, and infections, some of which go undiagnosed for some time.
Causes of Cerebral Palsy
Every year, approximately 10,000 infants across the United States are diagnosed with cerebral palsy. Another 1,200 to 1,500 pre-school aged children are diagnosed each year. Although the causes of these childbirth injuries are not always known, there are many situations where these injuries are caused by medical malpractice.
Some common medical malpractice incidents that cause these debilitating birth injuries are:
- Untreated seizures
- Leaving the unborn child in the birth canal for too long
- The improper use of medical forceps
- The failure to detect a prolapsed umbilical cord
When babies suffer as a result of medical negligence, their families may have legal options available to them.
Medical Malpractice Claims
Finding out that your child suffered as a result of a medical professional’s reckless and negligent actions can be devastating. If your baby suffered a serious birth injury, like cerebral palsy, it is imperative that you take quick actions to protect your legal rights.
The unfortunate truth is that cerebral palsy is a condition that requires life-long medical treatment. These victims are required to go through therapy, utilize medical equipment, and sometimes machinery – for the rest of their lives. Not only do these injuries cause overwhelming challenges, but they prevent children from growing into independent adults. Sadly, these incidents happen far too often.
In order for a lawsuit regarding a birth injury to be successful, the claimant will need to prove that there was a duty to care, that the duty to care was breached, and that the breach resulted in damages. Although this may seem like a simple task, it can be extremely difficult depending on the case. Working with a skilled and reputable medical malpractice attorney is a victim’s best bet for getting the justice and compensation they deserve.
Metro Law Can Help You
If your newborn child suffered a birth defect that could have been prevented, it is imperative that you discuss legal options available to you with a birth defect attorney at your earliest convenience. This is especially true in cases where a workplace injury or condition may have caused the defect.
Our personal injury attorneys work diligently to help victims protect their legal rights after suffering devastating injuries in collisions through no fault of their own. Contact our law firm today at (800) 469-6476 to see how we can help you.