Cerebral palsy is a potentially devastating birth injury or developmental condition. Children born with cerebral palsy may have developmental delays. They may have speech impediments and cognitive challenges. They may struggle with motor function, both gross and fine.
Children with cerebral palsy often have greater lifetime medical expenses than children born without this debilitating condition. They may have lower long-term earning potential because of their functional limitations. Parents and other family members may also give up employment opportunities to act as caregivers.
New parents adjusting to life after a child’s cerebral palsy diagnosis may sometimes have the option of filing a medical malpractice lawsuit. How do parents determine if cerebral palsy is an actionable birth injury or a developmental disorder?
Testing can determine the origins of the condition
Most cases of cerebral palsy largely fall into two primary categories. Some infants develop neurological challenges specifically because of improper development in utero. They can be the result of trauma during pregnancy and other unpredictable issues.
However, cases involving medical malpractice often involve protracted oxygen deprivation during labor and delivery. Modern medical technology has reached a point where imaging tests can establish the likely underlying cause of cerebral palsy. In cases involving brain damage related to oxygen deprivation during the labor and delivery process rather than the atypical formation of the brain, families may theoretically have grounds for a birth injury medical malpractice claim.
Analyzing medical records with a legal professional can help parents understand their options. In cases where medical providers were negligent, leading to preventable birth injuries, what occurred may constitute malpractice. Successful medical malpractice claims can help families offset lost wages or the child and a caregiver parent, as well as increased lifetime medical costs.