Cerebral Palsy From The Birthing Process
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Cerebral palsy is a condition that involves permanent brain injury, negatively impacting muscle control, coordination, and body movements. This condition can result from mistakes or accidents that occur during the birthing process. A failure to act quickly or to properly diagnose a problem can lead to the development of cerebral palsy.
Some health care professionals do not respond in a timely manner to warning signs of a baby's distress while still in the womb. Sometimes, an infant can get stuck in the birth canal during labor, with its shoulder lodged just behind the pelvic bone, a complication referred to as shoulder dystocia. When this happens, the doctors main concern should be getting the baby out quickly and safely, causing as little damage as possible in the process. Specific tools, such as forceps or a vacuum system, may be used to help pull the baby out of the womb. This is called an assisted delivery, and it is fairly common to use these tactics during particularly difficult deliveries.
With a vacuum-assisted extraction, a cup attached to a vacuum is placed on the head of the baby. The vacuum pump creates suction against the baby's head which, enables the physician to safely pull the infant out. A vacuum extraction may, however, cause a condition known as caput succedaneum, which is a swelling or bruising of the infant's scalp. Generally, this condition goes away on its own, but it can cause a problem if bruises break down abnormally, causing an excess of bilirubin to be released. bilirubin is a substance that is normally filtered by the liver. Excessive amounts, however, can lead to jaundice in the baby. Jaundice that is left untreated can lead to brain damage causing the onset of cerebral palsy.
Proper dating of a pregnancy is also very important for preventing cerebral palsy due to the birthing process. If the pregnancy is not dated properly, a baby can be born prematurely. Babies that are younger than thirty-seven weeks old have a much higher change of suffering from brain damage. They may face cognitive delays and lungs may not have had a chance to fully develop. A shortage of oxygen during or directly after a delivery places the baby at higher risks for developing this disorder. Regular and thorough prenatal exams should be conducted to prevent premature births.
It is not uncommon for medical malpractice claims to be filed when a child is diagnosed with CP, particularly if the disorder developed as a result of complications at child birth. While not all individuals can make viable claims, many come out on top. An attorney can provide you with the resources needed to assess the situation, gather evidence, and file a claim. An attorney is likely to represent you if:
You doctor did not practice implied consent. Implied consent is a broad term defined as permission granted from the patient using spoken words, signs, or silence. Prior to conducting any exams, procedures, or surgeries during the birthing process, a doctor must explain what it is he or she intends to do and the possible consequences and side effects of such actions. By doing so, an implied consent suggests that the patient has agreed to continue the with the procedures in the event of an emergency. However, if consent is not provided in this manner, a doctor may be held accountable for medical malpractice.
An inexperienced doctor may suggest an unusual operation or conduct other procedures that are atypical of hospital standards. There are countless reasons why this scenario might occur. Most commonly, a doctor's performance is under par because of overwork and exhaustion. Even if an action is unintentional, a doctor can be held liable for medical mistakes if they directly go against expert testimonials. This evidence is required for the case to hold up in court.
If medicines or drugs are improperly administered during labor, responsible parties may be held accountable.
Hospitals are fast-paced, hectic environments. In an effort to save time, doctors and other responsible parties may rush through deliveries, creating complication during childbirth that go untreated. In this instance, negligence has occurred, and those involved in the delivery process are to blame.
While hospitals take every precaution to safeguard you and your baby from injuries, birthing complications are inevitable at times. However, negligence and other instances of medical malpractice are inexcusable. Any parent who believes that his or her infant's cerebral palsy could have been prevented should contact a birth injury attorney immediately.
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