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Was My Child’s Cerebral Palsy Preventable?

July 1, 2022

Cerebral palsy is a group of disorders that impact an individual’s movement and muscle tone or posture. Cerebral palsy is caused by damage that happens to an immature, developing brain, most often before birth. Those suffering from cerebral palsy can have issues swallowing and frequently experience eye muscle imbalance. That’s when the eyes don’t focus on the same object. They also might have reduced range of motion at various joints of their bodies due to muscle stiffness.

The cause of cerebral palsy and its effect on a child’s function vary a lot. Some people with cerebral palsy are able to walk unassisted, but some need help. In addition, some people with cerebral palsy have intellectual disabilities, epilepsy, blindness, or deafness.

Cerebral palsy is a lifelong disorder, and there is no cure; however, treatments can help improve function and the person’s quality of life.

What are the Causes of Cerebral Palsy?

Cerebral palsy is caused by abnormal brain development or damage to the developing brain which typically occurs before a child is born. However, cerebral palsy can happen at birth or in early infancy. In many cases, the cause is unknown, but a number of factors can lead to problems with brain development. These factors include the following:

  • Gene mutations that cause genetic disorders or differences in brain development;
  • Maternal infections that impact the developing fetus;
  • Bleeding into the brain in the womb or as a newborn baby;
  • Fetal stroke or a disruption of blood supply to the developing brain;
  • Infant infections that result in inflammation in or around the brain;
  • A traumatic head injury to an infant; and
  • A lack of oxygen to the brain related to difficult labor or delivery.

Do I Have a Strong Cerebral Palsy Lawsuit?

The strength of a given case for a lawsuit depends on what caused the child’s cerebral palsy. Frequently, medical malpractice can cause cerebral palsy when a physician, nurse, or other medical professional makes a mistake or error in judgment in their treatment and care for the mother and the child.

The medical malpractice attorneys at Buchanan Law say that a cerebral palsy claim is worth pursuing if medical experts can demonstrate that a doctor or other medical professional’s actions directly led to your child’s condition. Some of the most common preventable medical mistakes that can lead to cerebral palsy are:

  • Inadequate monitoring of fetal vital signs and distress or a failure to act on monitored danger;
  • Excessive force with birth-assisting tools, such as forceps;
  • Failing to perform a C-section or scheduling the procedure after it’s too late to prevent the damage;
  • Surgical errors during a C-section procedure;
  • Failure to treat jaundice, which can cause kernicterus—a type of brain damage;
  • Failure to diagnose and treat the mother’s infections or to monitor her health during pregnancy;
  • Failing to deliver an infant promptly which causes oxygen deprivation; and
  • Mistakes in the administration of anesthesia during the birth process.

If you believe that your baby is now disabled due to a medical mistake or negligence on the part of the hospital or medical staff, you should contact an experienced Michigan medical malpractice attorney.

What is the Compensation from a Cerebral Palsy Lawsuit Settlement?

Cerebral palsy compensation varies by each individual case, and the award depends on factors unique to your situation. These include:

  • Your child’s reduced independence;
  • The severity of your child’s condition, disabilities, and symptoms;
  • The level of care and support your child will require in the future;
  • Your current and expected medical bills and related expenses;
  • Any lost wages in the event that you are required to stay home to care for your child;
  • Early educational intervention expenses; and
  • Your level of emotional pain and suffering.

Contact a Michigan Medical Negligence Attorney

If you or someone you know has been diagnosed with cerebral palsy that may have been caused by medical negligence, speak with an experienced and knowledgeable medical negligence attorney immediately to protect your interests or those of your loved one.

Buchanan Firm retains medical professionals who are available to immediately investigate your claim to determine if the deviation was caused by medical negligence. Buchanan Firm’s team will assist you in this difficult time.

Our firm proudly serves people all across Michigan, including major cities like Grand Rapids, Muskegon, Detroit, Lansing, Holland, St. Joe, and Ann Arbor, and rural towns such as Lowell, Ada, Fremont, Newaygo, Grand Haven, Rockford, and Cedar Springs. We will meet you after-hours, at home or in the hospital to accommodate you.