Brainpalsy.com - Helping Parents Combat Cerebral Palsy

Experts estimate that 3-5 babies in 1,000 are injured during labor and delivery. Injuries range dramatically, from temporary problems that can be resolved during a short hospital stay to long-term medical conditions such as Cerebral palsy, Erb’s palsy and others. Medical providers are trained to recognize the risk factors and warning signs for harm during labor and delivery - but when those signs aren’t noticed quickly enough, serious damage can occur.

The Connecticut Cerebral Palsy lawyers at Haymond Law have seen multiple cases of cerebral palsy and other devastating birth injuries caused by medical negligence. As a result of their extensive experience working with families, the firm has compiled the following summary of common birth injuries, risk factors and warning signs of an injury caused by medical negligence.

Cerebral Palsy

Cerebral Palsy is a condition in which brain damage affects body movement and muscle coordination. There are three types of cerebral palsy: spastic, athetoid, and ataxic. Spastic cerebral palsy causes a severe stiffening of different muscles within the body. Athetoid cerebral palsy causes an inability to control muscles. Ataxic cerebral palsy causes problems with balance and coordination.

Erb’s Palsy

Erb’s palsy refers specifically to injuries that involve the upper brachial plexus, or the muscles of the shoulder and elbow. Improper use of forceps or vacuum to resolve a situation of shoulder dystocia are common factors in Erb’s palsy injuries.

Kumpke’s Palsy

Klumpke’s palsy, also known as Dejerine-Klumpke palsy, refers specifically to injuries that involve the muscles of the forearm and hand - often causing paralysis of forearm, wrist, hand and fingers. In some cases, other symptoms known as Horner’s sign may accompany the impaired arm/hand functions, including eyelid drooping and pupil dilation in one eye.

The Dangers of Shoulder Dystocia

Many of these injuries occur as a result of shoulder dystocia during delivery. Shoulder dystocia occurs when the baby’s shoulders are too large for the birth canal and become stuck behind the mother’s pubic bone. Without assistance, the baby can suffer brain damage or even death. Because shoulder dystocia is such a serious complication, there are very specific procedures to try and extricate a baby whose shoulders cannot emerge unaided. However, when physicians aren’t sufficiently trained in how to perform these procedures, traumatic injuries such as those outlined above are the results.

There are multiple factors that raise the risk for shoulder dystocia, including:

1. Diabetes in mother

2. Obesity in mother

3. Baby is more than 41 weeks old at delivery

4. Mother has small pelvis

5. Mother’s height is short

6. Baby has higher than normal birth weight

7. Mother has previously delivered large baby or experienced shoulder dystocia during previous deliveries

Signs of Medical Negligence

While some birth injuries are unpreventable, medical professionals are trained to recognize key warning signs and follow specific procedures to avoid harm during delivery. Medical negligence may have played a role in a child’s traumatic injuries under the following circumstances:

1. Doctor failed to obtain a thorough obstetrical history of the mother, including any previous history of diabetes, large babies, or difficult deliveries

2. Doctor failed to check for gestational diabetes during pregnancy

3. Doctor did not warn mother of excessive weight gain during pregnancy

4. Doctor did not evaluate fetal size by ultrasound during the third trimester

5. Doctor did not address late delivery date

6. Doctor did not assign or request qualified medical staff to help manage delivery

7. Doctor did not properly inform mother about need for caesarean section amid various delivery risks

8. Doctor did not manage shoulder dystocia appropriately, including improper use of pressure on the abdomen (fundal pressure), forceps or vacuum extractor or excessive force on the head or neck during delivery

Legal action cannot heal a child’s injury, but financial compensation can help ensure the best medical treatment and hold negligent parties responsible. Families affected by birth injuries in Connecticut should contact an experienced Connecticut Cerebral Palsy lawyer for more information.

Among the legal cases tackling medical malpractice, cerebral palsy lawsuits are the most common. In a 1993 in a study of medical malpractices, cerebral palsy lawsuits accounted for 60 percent of the total number of medical malpractice lawsuits in the United States.

The United States is one of the countries that have the most number of cerebral palsy lawsuits. Based on 2002 statistical reports, more than 1,000 medical malpractice payments were made due to obstetrics related malpractice. A mean payment of almost $500,000 was made for such cases. In terms of actual payment, it has also been found that there is a median of 5.56 year delay in the issuance of the costs of actual damages.

There may be several allegations associated with cerebral palsy lawsuits. An example is malpractice in the management of pregnancy that led to further damage to the child who was detected to have cerebral palsy. Such damages may include excessive blood loss or asphyxia or birth trauma. Another common allegation is delay or failure to perform Caesarian operation because of wrong medical findings related to cerebral palsy.

Successful cerebral palsy lawsuits usually involve a great deal of payments made by the accused to the petitioner. In the District of Columbia, the largest medical malpractice related to cerebral palsy cost $24 million. This involves a child who suffered brain damage and cerebral palsy due to the doctor’s failure to respond to an airway obstruction. Another costly case involved $10.8 million paid to the family of a child who suffered from cerebral palsy and mental retardation because of the doctor’s failure to respond to symptoms of a uterine rupture.

Other successful cases have involved millions of dollars. Other causes are mismanaged labor and delivery and failure to respond to signs of placental abruption. Meanwhile, there are also lawsuits filed against medical malpractice lawyers. In one case, a group of lawyers had to pay $2.6 million for failing to get appropriate medical experts to strengthen the case of mismanaged labor resulting to cerebral palsy.

There are a number of lawyers who specialize in medical malpractices. They can be contacted to assist in filing cerebral palsy lawsuits. Usually, they offer free initial consultation. Others even offer free online consultation.

About 500,000 Americans suffer from cerebral palsy in the country. The number of fetal and maternal conditions are increasing, so to a greater risk of a newborn child to acquire cerebral palsy. However, there are also cases where negligence on the part of the medical provider may contribute to this condition. As a matter of fact, has cerebral palsy from preventable causes.

An example of this is that a pre-mature baby can not undergo a therapy to reduce the effects of jaundice, leading to possible brain damage. Another bad is that the delivery may also lead to brain injury, as well as fetal stress. There are also cases in which the medical provider often physically abusing children, causing brain damage that results in cerebral palsy.

If you find that your child acquired cerebral palsy simply because there is a regrettable mistake during the time he / she comes, you may have to find some legal help. Of course, is its right to obtain financial assistance to pay medical expenses for her son in the treatment of cerebral palsy.

Although no exact figures that show some cases of cerebral palsy are attributed to medical negligence on the part of the medical provider, even with the knowledge that such a medical provider has a responsibility in their child’s condition, you can find some legal action to protect your child from legal rights, as well as to secure financial assistance. And you can do this by obtaining the services of a lawyer of cerebral palsy.

His cerebral palsy lawyer will be to fight for their right of the child to court, as well as to seek financial or other restitution, which is very important because it costs to provide adequate medical care to a cerebral palsy patient really costs a fortune-about one million dollars or more, depending on the condition of his son.

He will file a lawsuit against cerebral palsy insignificant parties, either partially or totally insignificant, the status of the child. In most states, there are laws in place which provides for the aggravation of the parties to present a cerebral palsy demand within a maximum period of time. And since the battle of demand means the complexity of the diagnosis and management of cerebral palsy, it is important that you hire a lawyer of cerebral palsy that has extensive experience in handling similar cases and with sufficient access medical expertise.

Do not let your child is a victim of medical negligence on the condition that results from cerebral palsy. Contact a lawyer from cerebral palsy and fight for the legal rights of the child.