Is Cerebral Palsy considered medical malpractice?

Collaborative Post¦ You’ve likely heard of Cerebral Palsy, which is also known as CP. CP occurs when a baby suffers a lack of oxygen during the delivery process of birth. Because of this lack of oxygen, also known as hypoxia, a baby can suffer brain defects. This may not be noticeable at first, but ultimately it means that a baby can lack development, depending on the severity of the oxygen deprivation.

For most new parents, the idea of bringing a child into the world is like none other. Although it may be a daunting experience at first, it’s also incredibly exciting and joyous. However, for a birth to be overshadowed by CP, it can be upsetting and confusing, to say the least. As a result of CP, many children may result in having special needs for the rest of their lives, which can have a significant impact on themselves and any family. CP is often a consequence of poor medical practice, but fortunately, families can seek compensation for this lifelong disability.

This also means that families can hold medical professionals accountable for this malpractice. Whether CP was caused by a medical mistake or negligence, a family will be able to seek compensation. This compensation settlement is then often put towards the ongoing medical care that will likely be needed for a child. It is estimated that over half a million children and families have Cerebral Palsy every year. That is, unfortunately, quite a lot of people. Many of these families can seek advice from a CP lawyer in Florida, New York, or wherever they may live and seek compensation. Not to mention, a lawsuit can help seek justice for a child who has suffered at the hands of malpractice.

When a baby is born with Cerebral Palsy, it’s usually because an umbilical cord has been wrapped around their neck or they have been a part of a lengthy, stressful birth. With today’s technology, many of these instances can be avoided, however, this is not possible in all cases. Cerebral Palsy will likely not be too noticeable at first, and this is because a baby doesn’t do too much when it is born. However, as a baby begins to develop, they should be able to move about. This means rolling over, crawling, and general movements. If development is slow, this could be a result of CP. This will then later transpire into trouble walking and standing. This is because the deprivation of oxygen at birth has affected the body’s essential muscles. This condition can then develop into even more problems later in life, such as visual impairments and emotional difficulties, which will result in long-term care.

For a CP attorney to prove that malpractice has occurred, all medical records will need to be obtained, and usually, the lawsuit needs to be filed within 2 years of the birth, although there are exceptions. Medical files should include everything from during the pregnancy, showing a healthy baby, and everything after the birth. An attorney will then reach out to medical experts for their opinions and ask them to review the medical documents. During this process, an attorney can discover if they will be able to move forward with a CP case. If an attorney can continue with a case, a life care plan will be constructed, detailing how the CP will be treated. This life care plan will be included in the malpractice lawsuit so that the medical professionals accountable understand the severity of their actions.

Raising a child with CP is tough and it can be straining on any parent. Thankfully, there are plenty of support groups out there for parents and guardians who may need a helping hand.

Disclosure: This is a collaborative.

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