Cerebral Palsy Can Develop as the Result of Medical Malpractice

There are few feelings as extraordinary as holding your child for the first time. That life that you carried through nine long months of morning sickness, food cravings, extra trips to the bathroom and some pretty uncomfortable sleeping positions is finally here – 10 fingers, 10 toes, and absolutely loved. For some mothers, however, the dream can rapidly turn into a nightmare, as they realize that their helpless baby boy or girl has sustained a birth injury – a permanent, life-long injury – as a result of an act of medical negligence on behalf of the OB/GYN, the nurses, the staff or other healthcare providers at hospitals or in facilities in South Carolina.

Cerebral palsy is a medical condition that can be caused by a birth injury. When a child is deprived of oxygen during the birth period, it can cause devastating consequences to this child. The medical and economic damages are catastrophic for the child and family. With symptoms that manifest in most children early on, it affects your child’s ability to have any semblance of the life you foresaw for him or her, because it causes multiple problems that can only be managed, never cured. Most problems caused by birth injury and any issues related to cerebral palsy can be profound.

The problem that many families face is that they are told after such a birth that injury was not preventable. This is sometimes not the truth. There are many different reasons why a birth injury can occur and many involve medical malpractice. Many healthcare providers do not want to admit they made a mistake that is going to cause lifelong injuries to a baby. Regardless, it is your decision to see who is accountable for your child’s harms and losses due to a birth injury. At the bottom of this page, there is a number to call or form to fill out to contact our firm to look at any of the issues affecting your baby or family. Please take the time to contact us. We may be able to assist you.

What is cerebral palsy?

Cerebral palsy, or CP, is actually a group of neurological disorders (as opposed to one single condition). It is caused by damage to your child’s brain – damage that can occur before, during or after birth. Many cases of CP occur because of complications associated with the birth; “the majority of Cerebral Palsy cases result from abnormal brain development or brain injury prior to birth or during labor and delivery,” according to CerebralPalsy.org.

Signs and symptoms of CP

Most children with CP may begin to show signs of the condition in the hospital at time of the delivery or later. Signs can include:

• Seizures
• Lack of completion of maturing milestones (sitting up, walking, etc.)
• Lack of muscle coordination when performing voluntary movements (ataxia)
• Lack of being able to breast feed
• Stiff or tight muscles and exaggerated reflexes (spasticity)
• Blindness or inability to focus on visual cues
• No gag reflex
• Walking on the toes, a crouched gait, or a ‘scissored’ gait
• Incontinence
• Muscle tone that is either too stiff or too floppy

Some children will be able to adapt to these symptoms through various therapies or medications, but others may be entirely dependent on caretakers to eat, drink, or bathe, and may never be able to walk or talk. If this birth injury is caused by medical negligence, the appropriate health care providers need to be held accountable.

Medical errors have lifelong consequences

Cerebral palsy can be the result of medical error at some point in your pregnancy. However, the most common errors occur during labor and delivery, a delicate time for your very vulnerable infant. Some common errors during labor and delivery can include:

• Lack of proper prenatal care leading to low birth weight or other complications
• Failure to monitor baby’s heart rate during delivery
• Failing to act in a timely manner, leaving the baby in the birth canal too long causing brain inflammation and oxygen deprivation
• Head trauma during delivery resulting from the use of forceps or a vacuum extractor

According to the Centers for Disease Control and Prevention, low birth weight, premature birth, multiple births, infertility treatments and infections during pregnancy seriously increase the risk of cerebral palsy. If your doctor knew about a medical condition that led to your child’s cerebral palsy diagnosis and failed to properly inform you or act, you and your child are victims of medical malpractice.

When is cerebral palsy the result of medical malpractice?

Your OB/GYN is supposed to monitor you and your child while he or she is still in utero to ensure that no infections go undiagnosed, the child is receiving proper oxygenation and has normal vital signs. They are also supposed to ensure the mother (carrier of the child) has normal vital signs and is not suffering from pregnancy induced hypertension or gestational diabetes. Your doctor is supposed to use care when delivering your child, and to perform a C-section if warranted to ensure the health and safety of the unborn child. Your South Carolina healthcare providers are supposed to protect you and your baby from harm before, during and after the delivery process.

When they do not, and your child develops a lifetime condition like cerebral palsy, you may be able to obtain compensation that can help you pay for your child’s medical expenses and lifetime therapies, medications and bills, as well as cover the wages you lost because you were caring for your child. If your child sustains a brain injury because of an act of negligence – like a medication error, a delayed emergency C-section, the improper use of forceps or vacuum extractors, or any of the myriad other ways a doctor could injure your baby – in a South Carolina hospital or birthing facility, you DO have legal options available to you that can help you protect your child.

McGowan, Hood, Felder & Phillips, LLC, has many attorneys who practice in the area of medical malpractice law. Our lawyers have extensive experience assisting families whose children have developed cerebral palsy because of an act of medical negligence. We know how to document your child’s injuries, read medical charts and put together the evidence you need to show that your child was hurt because of someone else’s mistakes – and we have the drive and the passion to keep fighting on your behalf until justice is served.

Don’t suffer through your heartache alone; let McGowan, Hood, Felder & Phillips, LLC, protect you and your family. To schedule a free consultation with a seasoned South Carolina birth injury attorney, please call 803-327-7800 or fill out our contact form. Let us help you when you need it most.

Related on Cerebral Palsy & birth injuries in South Carolina:

• Can Preeclampsia Lead to Cerebral Palsy?
• Understanding the Extensive Costs Associated with Cerebral Palsy
• The Causes and Effects Cerebral Palsy and Hypoxic-Ischemic Encephalopathy