Could My Child’s Walking Problems Be Due to Trauma during Childbirth? April 5, 2014
Birth trauma may very well cause a child’s walking problems. Cerebral palsy, for example, which can lead to walking and various other difficulties, can be caused by mistakes made by medical personnel before, during, and after childbirth. In fact, it is considered to be one of the most serious injuries caused by medical malpractice during labor and delivery. More Info https://www.facebook.com/birthinjurylawyer
What is Cerebral Palsy? Cerebral palsy (CP) results from damage to areas of the brain that affect muscle coordination and body-movement control. Symptoms usually appear during the first 3 years of life.
Spastic CP. Most CP (70 to 80%) is of the Spastic type, which can cause walking difficulties known as scissoring, due to tight hip and leg muscles. Children with severe forms may not be able to walk at all.
Athetoid or Dyskinetic CP. Children suffering from Athetoid CP (10 to 20%) may have difficulty swallowing, slurred speech, and involuntary movements.
Ataxic CP. Ataxic CP (5 to 10%) involves balance and coordination problems and tremors, and can affect precision of movement.
Proving Medical Malpractice in CP Injuries Though money damages obtained through legal action can never truly compensate you or your child for the injuries he has suffered, they can go a long way toward helping him deal with a lifetime of physical and emotional trauma that could have been prevented by proper medical care.
Standard of Care
Under civil tort law, an individual who has received medical care below the standard of care required by law may bring a medical malpractice action to obtain financial compensation for the injuries caused by that sub-standard care. The testimony of medical experts will be relied upon to establish the specific
“duty of care” required by medical professionals during a patient’s pregnancy, labor, and childbirth. Visit us on facebook.com/birthinjurylawyer
Causation
In order to recover damages under civil tort law for your child’s CP, your attorney must not only prove that you received substandard care, but that this substandard care was the cause of your child’s CP. Though most CP is not caused by medical malpractice, mistakes made during childbirth have been found to result in as many as 5 to 10% of all CP cases. A primary problem is lack of oxygen—or asphyxia--to the fetus during labor and delivery. Other medical errors include incorrect use of vacuum extraction or forceps, failure to properly treat maternal hypertension or toxemia, and failure to treat a newborn’s jaundice. CP can also be caused by a doctor’s negligence during pregnancy. Failure to properly treat a pregnant woman’s Rubella or Rh-negative condition, for example, can result in a child’s CP. As is true with respect to the injury itself, this aspect of a medical malpractice case is highly complex, requiring the assistance of both legal and medical experts. Your malpractice attorney will obtain a Medical-Legal Review of your child’s condition as a crucial first step in evaluating the cause of your child’s CP.
Statute of Limitations
States’ laws vary regarding the period of time in which a medical malpractice action may be brought. If you suspect that your child suffered an injury due to trauma at birth, contact an attorney experienced in child and birth injuries as soon as possible.
Damages
Once you establish that your child suffers from CP and that his condition was caused by the substandard care of the defendant(s), you will be entitled to money damages to compensate you for your child’s pain and suffering and the cost of his treatment. As treatment may include physical, occupational, and speech therapy, surgeries and medications, and even institutionalization for those most severely impaired, these money damages can be substantial. Psychological intervention may also be warranted to deal with the emotional effects of the disease, and may be compensated for, as well.
Obtain Expert Assistance
Child and birth injury lawyer Jeffrey Killino has extensive experience with CP and other birth-trauma injuries and will work closely with medical experts to determine the exact cause of your child’s CP and to ensure that you are fully compensated by those responsible for your child’s condition.