Cerebral palsy is a physical developmental disability that impairs motor functions. For many individuals, this disability begins at birth. The excitement of a new life can quickly change into anxiety in the event of a traumatic birth. If your child was diagnosed with cerebral palsy at birth, you may have legal options before you. Cerebral palsy is not always the result of medical malpractice, but sometimes it can.
Traumatic births are one of the most common causes of this developmental disability. Obstetricians must be prepared to combat this trauma head-on so that the infant can be delivered healthy. When doctors and other medical professionals fail in this duty, infants can suffer from hypoxia of the brain, asphyxia and more. Did a doctor diagnose your child with cerebral palsy? If this condition was avoidable, Shook & Stone may be able to assist.
Speak with a Las Vegas personal injury attorney from our firm so that we can learn more about your case and we can better inform you of your legal options.
Fetal asphyxia is a condition that causes the infant to lose respiratory function. If the infant suffers from restricted breathing for long enough, the child can suffer from lifetime injuries such as brain damage and cerebral palsy. A trained obstetrician should be able to notice the possible signs of fetal asphyxia and address accordingly before there is permanent damage. Among those possible signs are: compression of the umbilical cord, prolonged labor and breech delivery. Intrauterine hypoxia is another potential precursor to cerebral palsy. This also occurs when the baby does not have an adequate supply of oxygen either before or during delivery. Both hypoxia and asphyxia can damage the cells of the CNS (central nervous system) which comprises the brain and spinal cord. CNS damage caused by hypoxia and asphyxia can lead to disorders such as epilepsy, ADHD and cerebral palsy.
Many times, the mother and the obstetrician do not directly cause traumatic birth. It is often factors such as the mother’s family history, health and other factors. While this is often not preventable, obstetricians are trained how to properly respond to a traumatic or prolonged birth so that injury to the mother and child does not occur. If the obstetrician detects signs of trauma, then they should immediately call for assistance from other medical staff at the hospital. There should be trained physicians standing by ready to perform any procedures necessary to assist with the birth.
The obstetrician should assess the best course of action. Should a ventouse machine be used? What about forceps or a caesarian section? These are all things the doctor should evaluate. The doctor should also be acutely aware of the mother’s medical history before delivery begins so that the proper medications and surgical methods are used. If you believe that injuries during the birth process were caused by the negligent or careless actions of a medical professional, then you may have a personal injury case on your hands.
If your child was diagnosed with cerebral palsy, then you may or may not have a birth injury case. Some birth injuries are caused by natural factors outside the physician’s control. Other times, obstetricians fail to follow standardized procedures in the event of a complicated birth, and thereby fail to perform their duty of care. If you believe malpractice is to blame for your child’s cerebral palsy, then we encourage you to contact us for a case evaluation. At Shook & Stone, we treat every case with the care and attention it deserves. We can evaluate your case to ascertain what the best course of action would be.
Take the first step and call a Nevada personal injury lawyer at Shook & Stone today.