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Is cerebral palsy a birth injury resulting from negligence?

On Behalf of | Jun 19, 2023 | Medical Malpractice |

Cerebral palsy is often a concern for parents and caregivers, especially when it comes to understanding the causes and potential negligence associated with the condition. It is a group of neurological disorders that affect muscle control, movement and coordination. 

Cerebral palsy is caused by damage to the developing brain, typically before or during birth, but it can also occur in early childhood. The condition manifests in different ways, ranging from mild to severe, and can affect various aspects of a person’s life, including mobility, communication and overall quality of life.

What’s the link between cerebral palsy and birth injuries?

One crucial aspect to consider when discussing cerebral palsy is the potential connection to birth injuries. Birth injuries can occur during the labor and delivery process due to negligence by healthcare professionals.

Determining whether cerebral palsy is a birth injury resulting from negligence requires thoroughly examining the birth’s circumstances. Negligence may arise from various situations, such as inadequate prenatal care, which plays a vital role in helping ensure the well-being of both the mother and the developing baby. 

Healthcare providers are responsible for monitoring the pregnancy, identifying potential risks and taking appropriate actions to mitigate them. It could be considered negligence if inadequate prenatal care harms the baby.

Can you seek legal recourse?

When parents suspect their child’s cerebral palsy resulted from negligence during birth, they have the right to seek legal recourse. To establish the viability of the medical malpractice claim, you should seek professional assistance in reviewing your medical records. Clear instances hinting at negligence may include:

  • The delivery physicians used improper delivery tools
  • Your delivery team failed to respond to fetal distress
  • The delivery team caused harm to the fetus harm when using delivery tools such as forceps or vacuum extractors

Cerebral palsy is a complex condition that can profoundly impact individuals and their families. While it is not always the result of negligence during birth, exploring all possible causes and understanding the link between birth injuries and cerebral palsy is essential.