Is cerebral palsy due to medical malpractice?

On Behalf of | Sep 22, 2021 | Failure To Diagnose

New Mexico parents who have a child that suffers from cerebral palsy know how devastating it can be. While sometimes this diagnosis is considered to be an act of god, more research has come out about it being a result of medical malpractice.
It’s important for parents of children who suffer from cerebral palsy to know their rights if their child’s condition is from a medical mistake. There are a few different signs that cerebral palsy might be due to negligence.

Cerebral palsy caused by a birthing injury

Sometimes cerebral palsy is caused by a mistake in the birthing room. There may have been complications during delivery that heighten the chance for the baby to suffer from cerebral palsy, such as being in the wrong position. When a baby isn’t in the right position during birth, additional tools might be used by doctors to get the baby in the right position. A lot of these tools – like forceps – increase the chances of a severe head injury to the baby during birth.

At this age, the baby is prone to lasting damage from a head injury of any severity. If there was a complication during birth and your baby ended up with a cerebral palsy diagnosis, there’s a high chance that it was from medical negligence.

Other causes of cerebral palsy due to medical mistakes

There are a few other decisions doctors make that can allow cerebral palsy to develop. They can be minor things, like letting a mother’s infection or sickness “run its course” during pregnancy rather than treat it early with antibiotics. There are also other things that could indicate that your children’s diagnosis is the fault of doctors. They can include:

– failure to treat jaundice in children and infants
– not prescribing medication to prevent Rh incompatibility
– ignoring asphyxiation during the birth


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