Do You Have a Cerebral Palsy Medical Malpractice Case?New Jersey Legal News
Cerebral palsy is a permanent medical condition that develops throughout pregnancy, during the birthing process or shortly after. Sadly, cerebral palsy usually happens during birth as a result of the negligence of the attending health care professional.
If your child suffers from cerebral palsy and you believe that a negligent health care professional is liable, you could be able to recover compensation through a medical malpractice claim.
The team of medical malpractice attorneys in New Jersey at Brady, Brady, & Reilly, LLC can help you secure deserved compensation in the event that your child was injured by negligent health care providers. We will discuss your child’s condition and help determine if it was the result of medical malpractice.
Cerebral Palsy Caused by Birth Injury
Cerebral palsy is a disorder that negatively impacts a person’s movement, muscle tone, or posture and usually leads to impaired movement, rigidity, or looseness of the limbs, resulting in involuntary movements.
A majority of people with the disorder have it from birth, but the symptoms may not be readily apparent until a few years later when the child fails to meet developmental milestones.
The three most common forms of cerebral palsy suffered by newborn infants include:
- Spastic cerebral palsy. This is the most common kind of cerebral palsy, which is characterized by muscle stiffness and strained mobility. When people have this condition, they may experience difficulty adjusting from one position to another or holding objects.
- Athetoid cerebral palsy. This form of cerebral palsy is involved for nearly 10 percent of all reported cerebral palsy cases. Those who suffer from this condition experience involuntary movement, difficulty maintaining posture, slurred speech, and difficulty swallowing.
- Ataxic cerebral palsy. Ataxic cerebral palsy causes issues with depth perception, as well as tremors, difficulty moving muscles, and balancing.
Even more, a mother and child’s health can have a strong impact on whether the child will develop cerebral palsy. Some possible causes of cerebral palsy include:
- Maternal infections. This can impact the development of the infant and can result in cerebral palsy. If the pregnant mother develops chickenpox, syphilis, or German measles, the child will likely be exposed to these toxins and could develop cerebral palsy.
- Infant infections. Children who have severe or untreated jaundice, or suffer from infections that lead to inflammation near the brain, are at risk of developing cerebral palsy.
- Fetal stroke. Fetal stroke can disrupt blood flow to the brain.
- Traumatic brain injury. A brain injury or malformation that forms while the child’s brain is developing before, during, or after birth can cause him or her to develop cerebral palsy. This can impact the child’s muscle control, coordination, muscle tone, reflex, posture, or balance.
Determining If You Have a Case
When a health care professional neglects to take necessary precautions, monitor the health of a pregnant woman or infant, or makes a negligent error that results in a child developing cerebral palsy, he or she could be held liable for medical malpractice.
Medical malpractice takes place when a health care provider neglects to apply medical treatment in accordance with the accepted standard of care in the medical community. If the action or inaction of a health care provider causes harm or a worsening of the patient’s condition, he or she can be found liable.
Some forms of negligence that can contribute to a claim of medical malpractice for cerebral palsy include failure to:
- Monitor the baby’s oxygen intake during birth.
- Monitor the baby’s heart rate during the birthing process.
- Take prompt and necessary action when observing signs of fetal distress.
- Monitor the vital signs of the pregnant mother or the infant during the birthing process.
- Detect issues with the umbilical cord.
- React promptly after diagnosing the mother or infant with an infection.
- Plan for a C-section when the baby is too large to go through the birth canal.
- Properly use forceps or a vacuum during delivery.
Compensation for a Cerebral Palsy Malpractice Case
If the negligence of a health care provider causes your child to develop cerebral palsy, you may be eligible to receive compensation for:
- Your child’s past and future medical expenses.
- Lost wages caused by your child’s condition.
- Your child’s loss of earning capacity due to cerebral palsy.
- Pain and suffering experienced by your child.
- Loss of enjoyment of life.
- Costs of therapy and your child’s adaptive equipment.
Seek Help From a New Jersey Medical Malpractice Lawyer
If you suspect that errors during the birthing process, sub-standard care from your health care provider, or other medical malpractice left your child with cerebral palsy, it’s crucial that you seek legal help.
Brady, Brady, & Reilly, LLC’s team of dedicated New Jersey medical malpractice lawyers will provide you with the consultation you need to determine if you are entitled to compensation for your child’s medical condition.
Medical Malpractice Injuries in New Jersey
When seeking treatment from a health care provider, we trust that everything possible will be done in order to treat our medical condition. Sadly, medical treatment is not a field that leaves much room for errors. Physicians who make mistakes can leave patients with life-threatening injuries.
Medical malpractice cases aren’t always obvious. The medical field is complex, and the human body can be unpredictable. Medical malpractice cases often require the assistance of experts who can testify on behalf of the victim.
Shockingly, less than 3 percent of medical malpractice victims ever seek compensation for their injuries. While we like to think that errors in the medical field are uncommon, recent studies have found that medical malpractice is the third leading cause of death in the nation. In some cases, injured victims can recover lost compensation with the help of a skilled New Jersey medical malpractice attorney.
The firm of Brady, Brady, & Reilly, LLC is here to protect your rights after being unfairly injured at the hands of a trusted physician. We can help determine if you have a case against the party liable for your injuries. Contact us today at (201) 997- 0030 to discuss your case.