The doctor has diagnosed your beautiful baby with cerebral palsy. Nothing can emotionally prepare you for this moment. Like most parents in this situation, you probably felt a mixture of shock, anger, sadness and helplessness. How did this happen? Was it something you did? Was it something the doctor did? How do you move on from here?
Cerebral Palsy is a group of brain disorders. It is the most common motor disability diagnosed in childhood and affects one in 345 children in the United States . It primarily affects an individual’s ability to move and balance, but can have many other symptoms as well, such as seizures, intellectual disabilities, spinal abnormalities, and uncontrollable movements. The disorder varies in severity – with some affected individuals living mostly typical lives to others who are unable to care for themselves.
Cerebral Palsy is caused by abnormal brain development in utero or brain damage before, during or after birth. According to the Centers for Disease Control and Prevention, the risk factors for cerebral palsy include:
- Low birthweight
- Premature birth
- Being a multiple (twin or triplet)
- Being conceived through assisted reproductive technology
- Baby’s mother suffering from an infection during pregnancy
- Baby’s mother having a medical condition, such as thyroid problems, seizures or an intellectual disability
- Birth complications, such as problems with the umbilical cord.
While cerebral palsy is typically congenital, there are times where this birth complication was preventable. In some cases, the doctor or other healthcare professionals who were treating the mother during pregnancy or delivering the baby may have committed medical malpractice that caused the cerebral palsy. For example, if the doctor did not treat the baby’s jaundice using the correct procedures in a timely manner, that may be a cause of a baby’s cerebral palsy. Similarly, if the doctor did not perform a necessary C-section, that could also cause the disorder. Another cause is the incorrect use of birth tools, such as forceps.
Because most cases of cerebral palsy are congenital, proving that a baby’s cerebral palsy was caused by medical malpractice is very complex. Hiring an experienced medical malpractice law firm, like Cutler Rader, is essential. Your attorney will work with medical experts to review your pregnancy records, baby’s birth records and medical records. They will also conduct additional thorough investigations to determine if it can be legally proved that medical malpractice caused your baby’s disorder. The next step will be to quantify the financial impact or value of all the harms and losses that this disorder may have on your baby’s life and what it will reasonably cost to give your child the care, comfort and quality of life moving forward that they deserve Armed with this information, your attorney may file a medical malpractice claim and hold the negligent medical providers responsible for their actions and failures.
If your baby has received a diagnosis of cerebral palsy and you feel it may be due to medical malpractice, contact Cutler Rader immediately. We cannot undo the damage that has been done, but we will fight for you to receive every penny you are owed to financially compensate you for their error.
Cutler Rader, P.L.
With over 75 years of combined experience, the attorneys at Cutler Rader understand the meaning of Justice. Our one and only mission is to get each client the justice he or she deserves; our team of attorneys never back down when we know our client is right.
We offer our clients the compassion and guidance they need as they work through trying times in their lives. The balance of working relentlessly for our clients combined with our caring approach has helped us achieve a fantastic record of success with our clients. We get our clients the justice they deserve.
At Cutler Rader, You matter. Your justice matters. Your Justice Starts Here. 954-913-2273.
Centers for Disease Control and Prevention. Data and Statistics for Cerebral Palsy | CDC. Accessed August 1, 2022.
Centers for Disease Control and Prevention. Causes and Risk Factors of Cerebral Palsy | CDC Accessed August 1, 2022.