According to Birth Injury Guide, one in 10 cases of cerebral palsy is the result of medical malpractice. Considering the advancements in technology and the extent of medical providers’ knowledge, this statistic is shockingly high, and much cause for concern. It also begs the question: Can parents of children with cerebral palsy hold their Kentucky medical providers accountable for their children’s condition? The answer depends on a number of factors.
First and foremost, it is important to understand how cerebral palsy occurs. Cerebral palsy is a brain injury that occurs either directly before, during or shortly after delivery. Sometimes the condition is the result of prolonged labor, while other times it is the result of trauma to the umbilical cord. Always cerebral palsy is the result of oxygen deprivation. How long the infant had to ensure the injury governs how severe the disability will be.
Thanks to the diagnostic tools available to physicians today, OBs should be able to diagnose infections that may cause oxygen deprivation as well as assess a mother’s risk for complications during labor. Physicians should also be able to assess a baby’s size before birth and determine if a C-section is necessary to prevent difficulties during labor. Moreover, doctors should be able to detect and diagnose umbilical cord prolapse, which occurs when a mother delivers the umbilical cord before the baby.
If your OB failed to detect and either plan for or treat any of the abovementioned conditions, you may be able to sue for medical malpractice. Even if your doctor could not have foreseen any of the above conditions, if your infant showed signs of distress before, during or after labor, and if your doctor did not take adequate measures to prevent oxygen deprivation, you may hold him or her accountable for your child’s condition.
This article is not meant to serve as legal advice. It is for your informational purposes only.