Between two and four children in the U.S. out of every 1,000 births suffers from cerebral palsy. This is a disorder that is caused by insufficient oxygen reaching the brain of the baby during labor or child birth. Some of these are caused by medical negligence though not all cases of cerebral palsy are caused by medical malpractice.
If you child has been diagnosed with cerebral palsy because of lack of oxygen during labor or birth, you need to take the medical records to an experienced medical malpractice lawyer who will examine it for medical negligence. The financial compensation that you obtain could be very useful as cerebral palsy is a lifelong condition that forces the family to also make significant changes in their lifestyle.
A Long Ordeal
To prove a case of medical malpractice when a child has been diagnosed with cerebral palsy your lawyer will have to show that there was a failure to detect or properly treat meningitis in the mother, a failure to monitor fetal heartbeat during the labor, failure to detect that the baby was too large for the birth canal and schedule a caesarean, failure to detect a prolapsed umbilical cord, failure or delay in performing medical procedures such as caesarean sections or use instruments such as vacuums and forceps to assist in the delivery.
This is why it is important to have a fantastic health care system. Now, because of lawsuits and lack of competition, health care costs in America are rising. On top of this, many Americans are upset that the new health care law will not attract bright young adults into seeking medicine as a profession. Why be a doctor when it takes the government 4 months to pay you for taking care of their patient?
The medical malpractice legal professional has to prove that the doctor attending the birth of the baby did not use reasonable care in preventing cerebral palsy by failing to test for or failing to anticipate certain problems because of the health of the mother or child.
The Jury’s Role
The medical malpractice attorney will have to prove that the doctor made mistakes that cannot be considered reasonable. After this, the jury will decide on the financial compensation due to the affected child. Normally, this amount will be significant as the child will need care and assistance throughout their life.
Nothing is more devastating for two parents than this situation.