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Cerebral Palsy Lawsuit

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More than 8,000 children are diagnosed with cerebral palsy (CP) each year. This condition can leave families not only heartbroken, but financially unstable. The costs of therapy and medications alone can quickly skyrocket to uncontrollable figures. Compensation can be gained from a CP lawsuit can provide support for families struggling with these medical expenses.

At this point in time, there is no definitive cure for CP. Even though this is a non-progressive disorder, and does not worsen over time, medical expenses can accumulate over the course of a child's life. In 2005, the estimated lifetime costs for one person diagnosed with this disorder is $931,000. These expenses are more than the average family can manage.

The costs of medical expenses are daunting, but what most parents want to know is how their child developed CP in the first place. If the condition was the result of a birth injury or medical error, a CP lawsuit may be warranted. When a woman is expecting her child, she puts her life, as well as the life of her unborn baby, into the hands of her medical provider. The doctors and nurses involved have to be very diligent and must be able to act quickly and decisively if an emergency should occur during labor. Failure to do so may result in a brain injury that could leave a child with this serious condition.

There are many different types of complications that can take place that would require a doctor to act quickly in order to save the life of the newborn. Complications can occur that require the use of forceps or a vacuum extraction. In situations such as these, the physician needs to be extremely careful and knowledgeable about the correct use of the operating implements. If they are used incorrectly, the pressure or pulling can result in a brain hemorrhage, CP, or possibly death.

If the labor has stalled, and the doctors wait too long before performing an emergency cesarean section, the child may have suffered from a lack of oxygen to the brain. Without oxygen, the brain cells slowly die, leaving a child vulnerable to mental health problems.

There are also problems that can develop during gestation that can cause brain injury to a child. If the mother contracts a deadly infection, such as German Measles, the fetus may also experience its negative effects. A delay in diagnosing or treating a mother in this situation is an act of negligence. In this type of situation, a CP lawsuit is also warranted.

Medical malpractice is defined as an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is the act professional negligence that causes an injury. According to state laws, an individual has the right to file a civil lawsuit against a suspected medical professional, assuming that the claim is made within the required time frames. Statutes of limitations laws are designed to protect medical professionals and hospitals from false or unlawful claims made against them. Yet, they should not prevent you from seeking financial compensation if claims are warranted. However, you must file your claims in a timely manner to be sure a possible settlement can be reached.

If you suspect malpractice, you may be able to file a lawsuit if:

Your 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 exam, procedure, or surgery, 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 procedures without having to sign a formal contract. If a doctor neglects to follow these rules during prenatal exams, he or she can be held liable for injuries acquired during the developmental stages, as no real permission was ever granted.
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 weak 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.

Contact an attorney immediately if any of these scenarios apply to you.