How Medical Malpractice Leads to Cerebral Palsy Birth Injury
How Medical Malpractice Leads to Cerebral Palsy Birth Injury
Cerebral palsy (CP) is the most common motor disability, impacting a person’s ability to move, balance, and maintain posture. Studies show that currently, around 764,000 children and adults are diagnosed with Cerebral Palsy in the United States.
Understanding the causes of cerebral palsy, particularly those related to medical malpractice, is crucial for prevention and ensuring better healthcare standards.
This blog will delve into how medical malpractice can contribute to cerebral palsy birth injuries, examining various facets such as medical errors, misdiagnoses, and the importance of timely and appropriate medical interventions.
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What is Cerebral Palsy Birth Injury?
Cerebral palsy arises from abnormal brain development or damage to the developing brain that affects a child’s ability to control their muscles. The symptoms can vary widely among individuals, from minor motor skill difficulties to severe physical and intellectual impairments.
The Cerebral Palsy Guide reports that 20% of cerebral palsy cases stem from labor and delivery complications, 70% develop from pregnancy issues, and 10% are due to asphyxia (lack of oxygen). These cerebral palsy causes are linked to various factors impacting abnormal brain development and can be challenging to identify, especially when related to medical negligence during childbirth.
Types of Cerebral Palsy
- Spastic Cerebral Palsy: The most common cerebral palsy type, characterized by stiff muscles and awkward movements.
- Dyskinetic Cerebral Palsy: Includes athetoid, choreoathetoid, and dystonic cerebral palsies, marked by uncontrollable movements.
- Ataxic Cerebral Palsy: Involves difficulties with balance and judging depths.
- Mixed Cerebral Palsy: This type shows symptoms of more than one type of cerebral palsy.
Causes of Cerebral Palsy
Cerebral palsy can sometimes be caused by medical negligence and malpractice, such as inadequate monitoring during childbirth or improper use of delivery instruments. The causes of cerebral palsy can be majorly divided into prenatal, perinatal, and postnatal factors:
- Prenatal Causes: Genetic mutations, infections during pregnancy (e.g., rubella, cytomegalovirus), exposure to toxins, and complications such as placental insufficiency can all contribute to cerebral palsy.
- Perinatal Causes: Events occurring during labor and delivery, such as asphyxia (lack of oxygen), traumatic birth injuries, and premature birth, can lead to cerebral palsy. Birth complications such as decreased blood flow or oxygen levels during delivery can also result in cerebral palsy.
- Postnatal Causes: Infections like meningitis, head injuries, and severe jaundice in the neonatal period can result in cerebral palsy.
Medical Malpractice and Cerebral Palsy
Medical malpractice occurs when a healthcare professional deviates from the standards of their profession, causing injury or harm to a patient. In the context of childbirth, medical malpractice can lead to conditions such as cerebral palsy. Nearly 85-90% of cerebral palsy cases are due to brain damage that occurs before or during birth. This form of cerebral palsy is known as congenital CP.
Several examples prove how medical malpractice can contribute to cerebral palsy birth injuries. Preventable birth injuries due to medical negligence can lead to conditions like cerebral palsy, highlighting the devastating impact on families when negligent practices result in such outcomes.
Inadequate Monitoring of Fetal Distress
During labor and delivery, continuous monitoring of the fetal heart rate is essential. Fetal distress, often indicated by abnormal heart rates, can signal oxygen deprivation, which can lead to damage to the baby’s brain if not addressed promptly. Birth asphyxia makes up for nearly 6% to 8% of all cerebral palsy cases. Medical malpractice can occur if:
- The medical team fails to monitor the fetal heart rate adequately.
- They do not interpret the fetal heart rate correctly.
- They delay necessary interventions, such as an emergency C-section.
Delayed Birth or Prolonged Labor
Prolonged labor can increase the risk of birth injuries, including cerebral palsy. If a baby is stuck in the birth canal for too long, it may suffer from oxygen deprivation, which can cause a baby to develop cerebral palsy. Medical malpractice may involve:
- Failure to recognize and address prolonged labor.
- Delayed decision-making regarding the need for a C-section.
- Inadequate use of labor-inducing drugs or improper administration.
Misuse of Delivery Instruments
The use of forceps or vacuum extractors can assist in difficult deliveries but must be performed with precision and care. Improper use of labor or delivery instruments can cause head trauma and brain damage, leading to cerebral palsy. For example, a mother received $12 million, and the child $7.6 million, after both suffered severe injuries during a forceps delivery. Medical malpractice can occur if:
- The instruments are used excessively or inappropriately.
- The healthcare provider lacks adequate training or experience.
- The failure to identify when a C-section would be a safer alternative.
Inadequate Management of Maternal Infections
Maternal infections such as chorioamnionitis can increase the risk of cerebral palsy. Untreated maternal infections can lead to neurological disorders such as cerebral palsy, impacting an individual’s motor skills, balance, and posture. Proper management and timely treatment are essential to stop the infection from affecting the baby. Medical malpractice in this context includes:
- Failure to diagnose and treat maternal infections on time.
- Inadequate prenatal care leading to undetected infections.
- Negligence in preventing infections during labor.
Failure to Detect and Treat Hypoxia
Hypoxia or oxygen deprivation during birth is the leading cause behind cerebral palsy birth injury. It can occur due to issues with the umbilical cord, placenta, or during complicated deliveries. Hypoxia during birth can greatly increase the risk of the child developing cerebral palsy. Medical malpractice related to hypoxia includes:
- Failure to identify signs of oxygen deprivation.
- Delayed intervention to restore oxygen supply.
- Inadequate neonatal resuscitation efforts.
Medication Errors
Administering the wrong medication or incorrect dosages during pregnancy, labor, or immediately after birth can have severe consequences. For example, the misuse of Pitocin (oxytocin) can lead to cerebral palsy. Medication errors that can contribute to cerebral palsy include:
- Prescribing medications harmful to fetal development.
- Administering incorrect dosages of drugs that affect labor progression.
- Failing to provide necessary medications to manage complications.
The Role of Healthcare Providers in Preventing Cerebral Palsy Birth Injury
Healthcare providers play a crucial role in preventing cerebral palsy birth injuries through proper prenatal care, skilled delivery practices, and immediate postnatal care. Their responsibilities include:
- Early and Regular Monitoring: Conduct regular check-ups and screenings to detect potential complications early.
- Managing Maternal Health: Monitor and manage conditions like hypertension and diabetes to minimize fetal risks.
- Adequate Training: Ensure providers are well-trained in labor and delivery techniques, including the proper use of instruments like forceps and vacuum extractors.
- Timely Decision Making: Recognize signs of fetal distress or prolonged labor and make prompt decisions, such as performing emergency C-sections when necessary.
- Newborn Resuscitation: Be proficient in neonatal resuscitation techniques and have immediate access to necessary equipment.
- Monitoring Newborn Health: Early detection and management of any health issues in newborns can prevent long-term effects, including cerebral palsy.
- Following Protocols: Adhere to established medical guidelines for managing labor, delivery, and postnatal care.
By fulfilling these roles diligently, healthcare providers can significantly reduce the risk of cerebral palsy birth injuries.
Who Is Liable for Cerebral Palsy Due to Medical Malpractice?
Obstetrics and gynecology account for 25% of all medical malpractice claims, which often include cases of preventable cerebral palsy (CP). Liability for cerebral palsy due to medical malpractice can extend to various parties involved in prenatal and delivery care. Primarily, the healthcare provider who directly caused the injury, such as an obstetrician, nurse, or midwife, may be held accountable.
Additionally, the hospital or medical facility where the negligence occurred can be liable if systemic issues or insufficient protocols contributed to the malpractice. In some cases, liability may also extend to pharmaceutical companies if medication errors during pregnancy played a role.
Identifying all responsible parties in a medical malpractice claim is essential for securing full compensation for the affected child and the family.
Types of Compensation Awarded to Cerebral Palsy Patients and Families
According to the Centers for Disease Control and Prevention (CDC), caring for a person with cerebral palsy throughout their lifetime costs more than $1.65 million, not including basic living expenses. Our medical malpractice lawyers ensure clients receive compensation tailored to their specific needs.
Compensation for medical negligence typically covers both the injury itself, the associated financial losses and needs arising from the disability, and other expenses like:
- Pain, suffering, and disability.
- Professional or familial care and assistance.
- Case management and various therapies (physiotherapy, occupational therapy, speech and language therapy, psychological counseling, pain management).
- Assistive technology, rehabilitation, and home adaptations.
- Specialist equipment and aids, adapted vehicles, wheelchairs, and additional transport costs.
- Special educational needs, loss of earnings/pension, medical treatment, and surgery.
- Prosthetics after amputation and Court of Protection costs.
A child’s birth injury can lead to significant medical expenses that families should not bear alone. Various resources are available for financial assistance, including grants, litigation options for compensation, and support organizations that can alleviate the financial burden associated with treatment and care.
Compensation for Cerebral Palsy Deaths
For fatal injury claims, cerebral palsy compensation may cover:
- The deceased’s pain, suffering, and disability before death.
- Financial losses and expenses incurred before death.
- Funeral costs and a statutory bereavement payment.
- Dependent’s loss of income and services provided by the deceased.
Who is Eligible to File a Cerebral Palsy and Medical Malpractice Lawsuit?
Suppose your child has been diagnosed with cerebral palsy and you suspect that medical malpractice during pregnancy, labor, or delivery is the cause. In that case, you may be eligible to file a birth injury lawsuit. Parents or legal guardians can file on behalf of their child, seeking compensation for the injury and associated costs.
Additionally, in cases where cerebral palsy results from medical negligence, legal recourse can also extend to grandparents or other relatives if they have custody or are the primary caregivers of the affected child.
Consulting with a medical malpractice attorney can help determine eligibility and guide you through the legal process.
How to File a Lawsuit for Medical Malpractice Leading to Cerebral Palsy
Filing a birth injury lawsuit involving cerebral palsy medical malpractice involves the following key steps.
Step 1: First, consult a specialized medical malpractice attorney who can evaluate your case. The attorney will help gather necessary medical records, expert testimonies, and other evidence to establish that the healthcare provider failed to meet the standard of care during pregnancy, labor, or delivery.
Step 2: Next, a notice of claim is typically sent to the healthcare provider or institution, outlining the alleged negligence and damages incurred.
Step 3: Once the initial investigation is complete and there is substantial evidence of malpractice, your attorney will file a formal complaint in court. This complaint details the allegations, the evidence supporting the claim, and the compensation sought.
Step 4: During the litigation process, both parties will engage in discovery, exchanging documents, depositions, and other pertinent information.
Step 5: Settlement negotiations may occur at any stage, but if a settlement cannot be reached, the case will proceed to trial.
Throughout this process, your birth injury attorney will advocate on your behalf, striving to bring a favorable outcome.
Proving Medical Malpractice in a Cerebral Palsy Lawsuit
To file a birth injury lawsuit regarding cerebral palsy successfully, you must establish a direct link between your child’s condition and medical negligence. This involves proving the following elements:
- The healthcare provider had a duty to provide a reasonable standard of care to the mother and her child.
- The provider breached this duty during pregnancy, labor, or birth.
- Your child was diagnosed with cerebral palsy.
- The cerebral palsy diagnosis is directly related to the breach of duty.
- The breach caused your child’s condition and the resulting losses.
Various cerebral palsy causes are linked to brain damage, which can arise from multiple factors impacting abnormal brain development. Identifying these causes can be challenging, especially when related to medical negligence during childbirth.
Gathering comprehensive medical records, expert testimonies, and other relevant evidence is essential. An experienced medical malpractice attorney can help you navigate this complex process, ensuring all necessary elements are proven to support your claim.
Factors Influencing Cerebral Palsy Settlement Amounts
A study by The Doctors Company, a medical malpractice insurer, shows that the average settlement for cerebral palsy cases exceeds $1 million. Typically, several elements can affect the compensation awarded in cerebral palsy lawsuit settlements. Here are five critical factors:
- Severity of Condition: The severity of disability and cerebral palsy symptoms can differ largely. Children with more severe conditions are likely to receive larger settlements.
- Financial Impact: Consideration is given to the child’s lifelong medical and therapy expenses, as well as the potential loss of future income. Children who need continuous care and may not be able to work often receive higher compensation.
- Medical Negligence: The extent of medical malpractice plays a significant role. Cases involving clear and severe negligence typically result in larger settlements.
- Multiple Defendants: Lawsuits may involve several parties, including doctors, nurses, and hospitals. Each party’s settlement can influence the overall compensation.
- State Regulations: Settlement amounts can vary depending on state laws, some of which impose caps on medical malpractice awards.
Additionally, the lawyer’s expertise and resources can result in higher settlement amounts. Other factors influencing a cerebral palsy settlement might include the family’s emotional distress and the child’s projected quality of life.
Real-Life Examples of Successful Cerebral Palsy Settlements
Case 1 – Hypoxic-Ischemic Encephalopathy
In a 2018 case, an infant born with hypoxic-ischemic encephalopathy was diagnosed with cerebral palsy. The plaintiffs sued for failure to provide therapeutic hypothermia and other medical negligence. The case settled for $32.5 million, reportedly the largest settlement in Pennsylvania history, covering medical costs and future care. (Source)
Case 2 – Medical Technicians’ Negligence
In Oakland County, Michigan, a jury awarded $130 million to a boy with cerebral palsy due to brain damage caused by medical technicians’ negligence during a renal scan in 2006. Despite his mother’s warnings, technicians failed to administer proper care, leading to the boy’s severe and permanent condition. (Source)
Case 3 – Ignored Fetal Distress
A Nashville jury awarded $47 million to a woman after her daughter suffered brain damage and cerebral palsy due to ignored fetal distress during birth in 2018. The hospital was found 75% liable, but Tennessee’s damages cap will likely reduce the final payout. (Source)
Case 4 – Pitocin-Related Cerebral Palsy
The jury at Maricopa County in Arizona awarded $31 million to a woman after her son suffered cerebral palsy due to ignored fetal distress and excessive Pitocin during birth in 2014. The hospital was found 57% liable, with records missing and claims of negligence in handling the case. (Source)
Case 5 – Failure to Monitor Fetal Heart Rate
A $4 million settlement was awarded to a mother after her child suffered mild developmental delays due to the hospital’s failure to act on abnormal fetal heart rate readings. The case highlighted insufficient monitoring during labor.
Case 6 – Oxygen Deprivation During Birth
A man received a $2.5 million settlement after his son sustained moderate brain injury from oxygen deprivation during birth. The child’s condition resulted from the medical team’s failure to properly manage labor complications.
How to Choose the Right Cerebral Palsy Lawyer
Choosing the right cerebral palsy lawyer is crucial for securing the best possible outcome for your child’s case. Here are key factors to consider:
Specialization and Experience
Look for a cerebral palsy lawyer who specializes in medical malpractice, specifically in birth injury and cerebral palsy cases. Cerebral palsy birth injury cases require a deep understanding of both medical and legal aspects.
Medical Expertise
Ensure the firm has medical professionals on their team, such as nurses or doctors who have experience in obstetrics or neonatal care. Their expertise can be invaluable in identifying subtle forms of malpractice, enhancing the lawyer’s ability to build a strong case.
Contingency Fee Basis
Choose a cerebral palsy attorney who works on a contingency fee basis, meaning you only pay if they win or settle your case. This arrangement ensures zero financial risk to you.
Proven Track Record
Check the cerebral palsy attorney’s history of verdicts and settlements in similar cases. A good lawyer should have a proven track record of securing substantial compensation for clients.
Client Testimonials
Look at reviews and testimonials from former clients. Positive feedback can give you confidence in the lawyer’s abilities and approach.
Transparent Communication
Ensure the lawyer offers clear, honest communication. They should provide a free consultation and give you an honest opinion about your case without pressure.
Professional Affiliations
Consider cerebral palsy lawyers who are members of relevant legal groups, such as the American Association for Justice (AAJ), indicating their commitment to staying informed on the latest developments in birth injury law.
By considering these factors, you can find a cerebral palsy lawyer who is well-equipped to handle your case and help secure the compensation your child deserves.
Conclusion
Understanding the causes of cerebral palsy and the role of medical malpractice is crucial for improving healthcare and preventing birth injuries. Medical errors like failing to monitor fetal distress or misuse of delivery instruments can lead to cerebral palsy. By holding healthcare providers accountable, we can ensure better care and reduce preventable cerebral palsy cases.
If your child has been diagnosed with cerebral palsy caused by medical malpractice or negligence, it’s time to sue the responsible. The compassionate birth injury lawyers at the Injury Lawyer Team will ensure maximum compensation for your child’s losses. Call today (888) 424-5757 for a free consultation with our experienced birth injury lawyer.
FAQs
What are the signs of cerebral palsy in children?
Signs of cerebral palsy in children can include delayed motor development, abnormal muscle tone, poor coordination, involuntary movements, and difficulty with balance and posture.
Can a prenatal injury lead to cerebral palsy?
Yes, injuries sustained during pregnancy can result in cerebral palsy.
What is palsy related to birth trauma?
Palsy associated with birth trauma refers to cerebral palsy caused by injuries sustained during the delivery process.