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Cerebral Palsy (CP) Medical Malpractice Claim



October 10th, 2016

Cerebral palsy

Cerebral palsy (CP) is a medical term used for a group of neurological disorders that affect a child’s movement and posture or/ and other nerve functions. It is caused by injuries to the brain during fetal development, labor or birth. This may happen due to birth injuries or medical malpractice during labor or childbirth. When cerebral palsy is caused by medical negligence, the parties responsible, including the medical facility, the medical staff, the attending physician or a nurse may be liable for damages. A cerebral palsy medical malpractice claim can be filed by plaintiffs who seek compensation for the baby’s injuries, such as parents of the injured infant or child, or a legal guardian.

What you need to prove

In order to have a valid cerebral palsy medical malpractice claim, you must prove the following:

  1. A doctor patient relationship existed
  2. A doctor/patient relationship must be established. This occurs when a doctor agrees to care for you during pregnancy, before delivery, and after delivery. If the doctor simply gave advice, a doctor/patient relationship doesn’t exist. Hence, you cannot sue the party.

  3. The doctor must have been negligent
  4. You must provide clear proof to show that the doctor’s negligence or errors caused your baby to develop cerebral palsy. This may include:

    • Failure to diagnose or misdiagnosis of infections in the mother during pregnancy.
    • Failure to monitor fetal heart rate and/or maternal distress properly during labor or birth.
    • Failure to detect and treat umbilical cord problems, such as a prolapsed cord.
    • Failure or delay to schedule the necessary cesarean section procedure in time. E.g. If the baby was too large to pass through the birth canal safely.
    • Negligence and unreasonable mistakes while using medical instruments during delivery, such as vacuum and forceps.
  5. The doctor’s negligence caused cerebral palsy
  6. Once the doctor’s negligence has been established, there must be proof to show that it was the direct cause of your infant’s cerebral palsy.  A medical expert testimony can prove these facts.

Damages for cerebral palsy medical malpractice claim

Damages for cerebral palsy medical malpractice claim can cater for your child’s needed, long-term medical treatment and additional expenses, including:

  • Past, present, and future medical cost
  • Loss of wages (if a parent left work to care for the child full-time)
  • Occupational therapy, physical therapy or physiotherapy
  • Special education costs
  • Assistive equipment and technology, such as wheelchairs and soundboards
  • Emotional pain and suffering

Contact Medical Malpractice Attorneys at Dervishi Law Group, P.C.

If a medical malpractice error caused your child’s cerebral palsy, medical malpractice attorneys at Dervishi Law Group, P.C. can evaluate your case and determine if you have a valid claim. We will fight for the compensation you need and deserve. Call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com. We serve in the Bronx, NY.

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