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Unfortunately, medical errors are often the cause of irreversible cerebral palsy. Medical malpractice occurs when a physician failurs to use adequate levels of care, skill or diligence in the performance of his or her professional duties which causes harm to another. Medical malpractice typically occurs if your doctor fails to exercise his or her professional skills using acceptable standard of care, skill and education employed by the average prudent member of the medical community.
There are certain steps that a doctor should take to ensure proper treatment. Doctors must make sure that the baby has sufficient oxygen throughout the birth process. The baby's breathing must not be impeded during birth (which can occur if the baby is stuck in the birth canal or if the umbilical cord wraps around the babies neck). If the child is left in the birth canal for a prolonged period of time, this may cause lack of oxygen to the baby’s brain. Likewise, failure to detect a prolapsed cord may be actionable for malpractice.
Doctors must be vigilant. They must immediately recognize and treat seizures following delivery, detect a prolapsed cords, not injure the child in the event of a vacuum extraction and exercise extreme care with the use of forceps. They must carefully watch and respond to changes in the fetal heart rate. Any improper positioning of a baby or fetal distress during the birthing process may require a C-section. Failure to do so can result in cerebral palsy. Finally, doctors must respond immediately to the mothers changing conditions, such as high blood pressure, excessive bleading or toxemia.
There are many other factors which may suggest that a birth injury resulted from medical malpractice. Failure to timely diagnose and treat jaundice, meningitis or seizures within 24 to 48 hours of the childbirth may be actionable for medial negligence.
A healthy baby should begin breathing immediately after childbirth. If infant requires resuscitation at birth, this could be a sign of medical error. If the baby's skin is blue or dusky after birth it may indicate further medical problems. Also, if the mothers water broke over 24 before the birth, this is a strong indicator of serious medical concern.
If and when any of these problems occur, doctors must act quickly and decisively. They are trained to bring in specialists, order emergency c-section or the appropriate use of medications. If the doctor fails to properly treat the symptoms of cerebral palsy, he may be liable for medical negligence.
Unfortunately, medical negligence cases are complicated by a multitude of factors that make them difficult to prove and win. Doctors are often unwilling to testify against other members of their profession. Medical records are often written in illegible handwriting. Courses of medical treatment may be extremely complex, or the medical issues may be extremely complicated. With an experienced attorney who has fought against doctors, hospitals and their insurance companies, however, your chances to prevail in a medical malpractice case will increase. If you believe a doctor's error may have caused your child's Cerebral Palsy, you should contact a lawyer immediately. If you or your child has been injured as a result of medical error, you may be entitled to monetary compensation. For a free evaluation of your birth injury or cerebral palsy claim, completely fill out the form below. Once you submit your information below, your free consultation form will be sent to a lawyer reviewing medical malpractice claims, for evaluation. That lawyer will review your form in accordance with the site terms and conditions.
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