Recent population-based studies from around the world report prevalence estimates of CP ranging from 1 to nearly 4 per 1,000 live births or per 1,000 children.
If your child has cerebral palsy (CP), you may be wondering if you have grounds for a birth cerebral palsy lawsuit.
The good news is that in most cases, parents of children with CP can file a birth cerebral palsy claim. There are, however, some eligibility criteria that must be met to pursue legal action. This article will discuss the key factors determining signs you have a valid birth CP claim.
1. The Child was Born with Cerebral Palsy
Some signs that your child may have cerebral palsy include:
-Delayed development of motor skills
-Muscle weakness or tightness
-Lack of coordination
-Abnormal posture or reflexes
-Difficulty with fine motor skills, such as writing or eating with utensils
-Speech difficulties
-Intellectual disability
If you find that your child has any of these symptoms, it is important to seek medical help as soon as possible. Many different things can cause cerebral palsy, but it often results from a brain injury during pregnancy, childbirth, or shortly after birth.
To file a compensation claim, you’ll require to prove that someone else’s negligence caused your child’s cerebral palsy. For example, a doctor, nurse, or other medical professionals could make a mistake during pregnancy, childbirth, or the postnatal period. It could also be another party, such as the manufacturer of a defective product used during pregnancy or delivery.
2. An Injury or Lack of Oxygen to Baby’s Brain
During childbirth, if the baby experiences a lack of oxygen or an injury to the brain, it can cause cerebral palsy. It is typically due to negligent medical care during labor and delivery. If you believe your child’s CP was caused by medical carelessness, you may be able to file a claim.
3. The Medical Staff Failed to Monitor the Baby’s Heart Rate Properly
The medical staff must constantly monitor the baby’s heart rate and oxygen levels during labor and delivery. If they fail to do so, and the baby is deprived of oxygen, it can lead to cerebral palsy.
If you believe your child’s CP was caused by medical negligence, you should speak to a lawyer as soon as possible.
A lawyer can review your case and find signs you have a valid birth CP claim.
4. The Child was Delivered Via C-Section
If your child was born via C-section when they should have been born vaginally, you might still be able to file a CP claim. It is because C-sections are often the result of medical negligence.
For example, if the doctor failed to monitor the baby’s heart rate properly or did not act promptly when it began to drop, this could be considered medical negligence.
If you are unsure whether or not your child’s C-section resulted from medical negligence, you should speak to a CP lawyer. They will be able to review your case and let you know if you have a claim. To do this, they will need documents like the medical records and C-section report.
You might also be able to file a CP claim if your child was born vaginally but suffered from shoulder dystocia.
Final Thoughts
Birth cerebral palsy lawsuits are not easy to win. You will need to have a team of experts on your side, including an experienced lawyer in birth injury litigation. The criteria for these cases are also very specific. Be sure to talk to your lawyer about whether or not you meet the requirements before proceeding with a claim.
