It is very hard on parents when they learn that one of their children has been born with a permanent health condition. This news is, of course, hard to take emotionally, and it can also be enormously difficult in financial terms. Many such conditions require a lifetime’s worth of medical treatment, which can be extremely expensive.
Many of these conditions are genetic, but some are preventable. For instance, some babies are born with permanent conditions because of a problem during pregnancy. In some cases, trauma during the birth process itself can lead the baby to develop permanent conditions. And, in some of these cases, the trauma is caused by medical malpractice.
What is cerebral palsy?
Cerebral palsy is a condition (or, more accurately, a group of conditions) that can result from a deprivation of oxygen during the birth process. Cerebral palsy is sometimes associated with cognitive problems, but often manifests in purely physical ways. Symptoms often include difficulty with walking or coordination, stiff muscles and a reduced range of movement in the joints. In some cases, these muscle and joint problems can interfere with speech, hearing or even eating. Some children with cerebral palsy have seizures and other conditions.
Treatment can help many such problems, but cerebral palsy is not curable.
What causes cerebral palsy?
There may be genetic factors that make some babies more prone to cerebral palsy, but researchers do not believe it is primarily a genetic condition. It is often associated with premature birth, low birthweight, multiple-birth deliveries and other factors, but more than any of these factors, researchers believe cerebral palsy results from oxygen deprivation.
This oxygen deprivation can be caused by infections or medical conditions of the mother, but it is often caused by complications during the birth process. For instance, in a difficult birth, the baby’s umbilical cord may be restricted, depriving it of sufficient oxygen.
Medical malpractice?
Childbirth is an inherently dangerous process for mother and child, and sometimes there is nothing that medical providers can do to prevent injury to the baby.
However, medical providers have a duty to provide care that is up to the standards of their professions. If their care falls below these standards, and their breach of duty causes injury to mother and/or child, they may be held liable for the resulting damages through a medical malpractice claim. These damages can include the costs associated with a lifetime of treatment for the symptoms of cerebral palsy. When a family is compensated for these costs, they can afford to give their child the course of treatment the child needs and deserves.
That said, it can be very difficult to prove that a child’s cerebral palsy is attributable to any one action or failure to take action on the part of a doctor or nurse. Families who have questions about the process
