A Comprehensive Cerebral Palsy Resource

Medical Malpractice and Cerebral Palsy

What Constitutes Medical Malpractice?

Most hospitals and their doctors, midwives, and nurses strive to take the best care possible of pregnant women and their babies, both prenatally and during labor and delivery. However, as can happen in any profession, mistakes can be made; the difference with the medical field is that a person’s life and quality of life can hang in the balance.

When talking about medical malpractice and cerebral palsy specifically, several things act as red flags, suggesting that negligence may have played a role in your child developing the disorder. These things include the following:

  • Failure to ensure that the baby is getting enough oxygen pre- and post-delivery
  • Failure to adequately monitor the baby’s heart rate for signs of distress during labor and delivery
  • A delay in performing or a failure to perform a cesarean section when a vaginal birth is medically unsafe
  • Negligent use of the vacuum and/or forceps during delivery
  • Failure to accurately diagnose and treat certain conditions in a timely manner, such as jaundice and meningitis in newborns, German measles in pregnant women, and seizures in either newborns or pregnant women

Birth injuries can be a complicated thing, even when the injuries don’t result in a condition as serious as cerebral palsy. It can be difficult to wade through all of the legal and medical ramifications of such a situation, but if you really believe there was medical malpractice, it is worth doing because of the potential benefits to you and your child.