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Is Cerebral Palsy Caused by Medical Malpractice?

by The Beasley Firm  |  December 28, 2022  |  , ,

Understanding the Causes of Cerebral Palsy

Cerebral palsy is a group of movement disorders that affects millions of people across the United States and around the world. Currently, there is no cure for the disease, but there are treatments to help symptoms more manageable. Cerebral palsy can be caused by a number of factors but most often it is the result of brain damage or abnormal brain development before, during, or immediately after birth.

At The Beasley Firm, we have litigated birth injury cases for over 60 years. Our experienced legal team can conduct an investigation into the cause of your child’s cerebral palsy including whether it was the result of medical malpractice. If your child was recently diagnosed with cerebral palsy after experiencing birth trauma, contact our office at (215) 866-2424 to schedule a free consultation.

What Are Common Causes of Cerebral Palsy?

Cerebral palsy is either congenital or acquired. Congenital cerebral palsy is that which occurs at or near the time of birth. Most (approximately 85-90%) cases of cerebral palsy are congenital. Acquired CP is cerebral palsy that occurs 28 days after birth.  

Leading causes of cerebral palsy include:

  • Oxygen deprivation (Asphyxia)
  • Hypoxic-ischemic encephalopathy
  • Abnormal brain development
  • Maternal infections during pregnancy
  • Intracranial hemorrhage
  • Untreated jaundice
  • Prolonged, complicated labor
  • Exposure to toxic substances

Some cases of cerebral palsy are unpreventable, caused by a genetic abnormality. Other cases of CP are potentially avoidable, caused by medical malpractice or negligence. 

Can Medical Malpractice Cause Cerebral Palsy?

Studies indicate that cerebral palsy can be caused by a healthcare provider’s negligence or medical malpractice. When a medical professional fails to uphold a reasonable standard of care resulting in harm, it may arise to malpractice. 

Cases where medical malpractice may have caused cerebral palsy:

  • Inadequate prenatal monitoring
  • Untreated maternal infections
  • Undetected fetal distress
  • Failure to diagnose or treat bleeding in the brain
  • Failure to order a cesarean section
  • Untreated umbilical cord complication
  • Failure to treat jaundice

If you suspect that your child’s cerebral palsy was caused by medical malpractice, you need to speak with an attorney. A cerebral palsy lawyer can help you understand your rights and determine whether you should pursue a claim against a negligent medical provider.

How Do I Know If Medical Malpractice Caused My Child’s Cerebral Palsy?

 One of the first questions you may have after your child receives a cerebral palsy diagnosis may be whether or not it was preventable. If your child’s CP was caused by medical malpractice, it may have been preventable. 

Determining whether your child’s cerebral palsy was caused by medical malpractice, however, can be challenging without the help of an experienced attorney. An attorney can help prove that your child’s case was caused by a healthcare professional’s negligence.

Hiring an Experienced Cerebral Palsy Lawyer

If your child was diagnosed with cerebral palsy, contact our office at (215) 866-2424 to schedule a free consultation. Our attorneys have secured record-setting recoveries on behalf of clients. Call our office today to speak directly with an attorney. Let us be the advocate for your child. All consultations are provided at no cost and without obligation to retain our firm. 

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