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Investigation into whether a child with cerebral palsy has a valid case often requires review of the records and films by more than one physician. An obstetrician is required but other specialities of medicine may be needed as well including pediatric neurology, pediatric radiology, and maternal-fetal medicine. We believe that cerebral palsy often is the result of medical errors. For example, some studies reveal that up to 20% of children with cerebral palsy suffered a brain injury at birth due to medical malpractice.
In recent years, however, the cause, or causes, of cerebral palsy has been the subject of considerable debate in the medical literature. In July of 2009, for example, the American College of Obstetricians and Gynecologists published a Practice Bulletin entitled “Intrapartum Fetal Heart Rate Monitoring: Nomenclature, Interpretation, and General Management Principles.” This bulletin addressed some of these issues.
We believe that each case of cerebral palsy must be evaluated on its own facts. The fetal monitor strips, the child’s Apgar scores, the child’s brain scans, the doctors’ and nurses’ notes, and all post-delivery evaluations must be considered by a qualified physician in determining whether a valid case exists.
Cerebral palsy is a medical condition that affects the motor skills, ultimately impairing a child’s movement, speech, balance, coordination, and cognition. Cerebral palsy is associated with mental retardation, paralysis, cognitive delays, developmental delays, loss of hearing, loss of motor control, seizures, and in some cases blindness.
According to United Cerebral Palsy, currently about 10,000 infants are diagnosed with Cerebral Palsy each year. In addition, some 1,200 - 1,500 preschool age children are recognized each year to have Cerebral Palsy.
Cerebral palsy can occur from medical neglect. Failure to timely perform a caesarian section, for example, may cause a child during an attempted delivery to suffer fetal hypoxia, causing severe neurologic damage.
For a child with Cerebral Palsy, medical, nursing, and therapeutic specialists are required. Their treatments and monitoring carry with them substantial cost. According to the National Institute of Neurological Disorders and Strokes, the lifetime personal cost of all people born with cerebral palsy is 15.8 billion. This includes, direct and indirect costs, because of the therapy and highly specialized forms of medical care and attention these patients require.
Our law firm has nearly thirty (30) years of experience handling this type of complex case. Medical expenses, lost wages, in-home nursing care, home and car modifications, specialized education, prosthetic and wheelchair expenses, and prescription drugs are only some of the expenses that must be sought in any case brought to recover for Cerebral Palsy.
Should you wish to speak with us about your case, please call us at (312) 977–9900.