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Edelstein Law: The Jurist Journal

EDELSTEIN LAW, LLP: THE JURIST JOURNAL BLOG


How to Determine If Birth Injury Is The Cause of Your Babies Cerebral Palsy Diagnosis

Cerebral Palsy is one of the most common childhood physical disabilities affecting roughly 10,000 babies annually in the United States. Nearly 20% of Cerebral Palsy cases are due to birth related injuries. While that may seem like a small fraction, with proper care, birth injuries are entirely preventable making that number unreasonable. 

It’s important to understand that Cerebral Palsy is not strictly caused by birth related injuries, however, if your child was diagnosed with Cerebral Palsy after birth and you experienced complications during labor, you may have a case for birth injury and your doctors may be liable for medical malpractice. 

How Birth Injuries Can Cause Cerebral Palsy

With medical advancements, routine births are typically 100% successful. However, there are certain medical conditions and circumstances that can contribute to high risk pregnancies and result in unnecessary damage to newborns. 

For example, labor lasting longer than 18 hours, oxygen deprivation, various viral and bacterial infections, high blood pressure, babies weighing over 8 lbs, premature babies, abnormal fetal positions, as well as, the shape of the mother’s pelvis, can all contribute to a complicated and long labor putting too much pressure on the baby. If any of these apply to you, and your baby is showing signs of birth injury including Cerebral Palsy, you may be eligible for compensation. 

Signs Your Baby May Have Cerebral Palsy 

A proper diagnosis of Cerebral Palsy doesn’t usually occur until a baby is at least 10-12 months old. That being said, there are some early signs and symptoms that a parent should be aware of including the following:

  • Little to no muscle control 

  • Inability to lift or control head

  • Floppy or overly stiff muscles

  • Abnormal arching of back and neck 

  • Speech, hearing or vision issues

  • Excessive drooling

  • Developmental Delays

Be advised, this is not a complete list of birth injury symptoms. Some injuries appear immediately in children, while others may take months or years to show up. If you suspect your child is displaying any of these signs or symptoms, you should consult with your doctor immediately. If you suspect your child’s injuries may be due to medical malpractice, contact the Law Offices of Jay L. Edelstein. 

How a Your Doctor And Medical Staff May Be Liable

Throughout your pregnancy, your team of doctors is responsible to track and monitor your baby’s health. As a medical institution they are legally responsible to provide the best medical care they can to ensure both you and your baby are safe, including early diagnosis of disease, disability, etc. 

During birth, they have the same duty of care to make sure your baby is not under extreme stress or pressure. If your doctor fails to adequately monitor your baby’s birth which results in a birth injury, they can be liable. 

Other forms of childbirth negligence are as follows:

  • Failure to act immediately in critical situations

  • Failure to diagnose any apparent health conditions in the mother or baby

  • Failure to properly monitor the mother or baby after childbirth

  • Misuse of medicals tools such as forceps or vacuum extractor

  • Unnecessary pulling and straining the baby during childbirth

Why You Need an Experienced and Compassionate Birth Injury Lawyer

Birth related injuries such as Cerebral Palsy can require lifelong treatment and in severe cases, round the clock care. Your child may need ongoing physical therapy, speech therapy, medication, surgery or occupational therapy which can be expensive and time consuming. Consulting with an experienced birth injury attorney will increase your chances of being awarded compensation to pay for your child’s health care costs. 

Your family shouldn’t have to suffer twice. Get the justice you and your family deserve by contacting a skilled and specialized birth injury lawyer. 

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