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Ask a Birth Injury Lawyer: Can I Sue if My Child Has Cerebral Palsy?

People with cerebral palsy can live happy and fulfilling lives, but the trauma of going through medical malpractice that causes your baby’s cerebral palsy is incredibly traumatizing. If you believe you’ve experienced medical malpractice and want to sue, make sure you hire a birth injury lawyer to help you.

Ask a Birth Injury Lawyer: Can I Sue if My Child Has Cerebral Palsy?

Welcoming a new child into the world should be a joyous occasion, but this joy can quickly turn to stress and anxiety if you find out that your child is sick. It can be even more traumatizing if your child’s condition is due to a doctor’s negligence.

If your new baby has cerebral palsy and this condition was caused by medical malpractice, you may have a lawsuit on your hands. Suing the doctor or hospital can help you get justice for what happened, cover the expenses of the care your child needs down the line, and prevent something like this from happening to another family.

What Is Medical Malpractice?

A doctor’s negligence is not the only thing that could cause a condition like cerebral palsy. In many instances, this condition develops before the child is even born. However, it can also occur at birth. Mistakes happen even when doctors are highly trained, but if your doctor’s negligence was what caused your baby’s cerebral palsy, then this counts as medical malpractice.

Essentially, if another competent doctor with similar experience and training would not have allowed something like this to happen, you may be able to sue. There are several preventable things that could cause cerebral palsy in a child:

Failure to Perform a C-Section

A C-section is a surgical procedure that is used to deliver a baby via an incision in the mother’s abdomen and uterus. Ideally, a doctor will not need to perform a C-section.

But in some instances, it may be the best way to deliver a baby. Your doctor should be trained to recognize when a C-section needs to be performed. If they fail to give you one when necessary or schedule the procedure after it’s too late, you may be able to sue for malpractice.

Failure to Properly Monitor Fetal Vital Signs

During labor, a doctor must closely watch both the vital signs of the mother as well as the vital signs of the fetus. If there is any indication that something could be wrong, it’s a doctor’s duty to act.

But if the doctor isn’t closely monitoring the vital signs of the baby, then they may not realize that anything is wrong until it’s far too late. If you believe that your doctor failed to care for your baby in this way, get in touch with a Baltimore birth injury lawyer right away.

Inappropriate Use of Birthing Tools

Your doctor will have several birthing tools at their disposal, like forceps. These may be necessary to help remove the baby from the birth canal. However, if they are not used properly, they could cause harm to you or the baby.

If your doctor uses excessive force with the forceps, this could cause brain damage and lead to a condition like cerebral palsy. You should be compensated if your baby was harmed because of the improper use of birthing tools. Talk to your lawyer right away if you believe this is the case.

How Can a Lawyer Help?

Gather Evidence

If you believe your doctor is guilty of medical malpractice, you must gather evidence to prove to the court that this is the case. But this can be difficult if you don’t know what evidence to gather, or where to find it.

Your lawyer will be able to help you. They’ll assist you in gathering things like medical documents and witness testimony. Lawyers also have access to expert witnesses who are professionals in their fields and can help prove to a judge or jury that a competent doctor would have made a different decision.

Represent You in Court

Having to take a case to court is expensive, time-consuming, and can be extremely stressful. Ideally, you will be able to settle outside of the courtroom. However, in some instances going in front of a judge or jury is inevitable.

In situations like these, having the right legal representation on your side will make all the difference. While some people may choose to represent themselves, this is rarely a good idea. Always make sure you are working with a qualified lawyer if you want to make sure you get the compensation and justice you deserve.

Having a baby is exciting. But if you and your baby experienced medical malpractice at the time of your child’s birth, this can make your baby’s birth incredibly stressful. If you believe you have experienced medical malpractice that caused your baby’s cerebral palsy, your lawyer will help you get justice.

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