Charlotte Diagnosing Cerebral Palsy Lawyers

Cerebral palsy continues to be one of the most severe birth injuries. Even with scientific advances, and more widely available therapies for cerebral palsy, there is still no cure for the condition. Typically, oxygen deprivation called fetal asphyxia or brain bleeds (hemorrhaging) causes damage to the brain that results in cerebral palsy.

If your child has been diagnosed with cerebral palsy after a birth injury, you may have a right to recover compensation in a medical malpractice lawsuit. Under North Carolina law, when doctors act negligently or recklessly in treating their patients, they are liable for the resulting injuries. Contact Arnold & Smith, PLLC as soon as possible to discuss bringing your potential medical malpractice lawsuit regarding your child being diagnosed with cerebral palsy.

Cerebral palsy is a medical diagnosis that covers several different neurological disorders. The effect of cerebral palsy can range from mild to severe depending on the individual’s condition. Almost every child who has received a diagnosis had some type of birth injury that caused brain damage.

While some cases of cerebral palsy are not preventable or avoidable, in other cases, a doctor’s negligence causes the brain damage and resulting cerebral palsy diagnosis. When doctors fail to take quick action to stop the baby from not receiving enough oxygen, brain damage can occur.

A doctor’s failure to notice warning signs of fetal distress can cause cerebral palsy. The most common causes of cerebral palsy include the following:

• Traumatic head injuries that could happen when the doctor or nurse accidentally drops the baby, or when the doctor negligently uses forceps or a vacuum
• An infant or maternal infection that happened during pregnancy
• A fetal stroke
• Lack of oxygen to the brain during pregnancy or delivery

In other cases of medical malpractice, doctors fail to properly diagnose cerebral palsy quickly. After a cerebral palsy diagnosis, children benefit from receiving physical and occupational therapy. When doctors fail to issue a diagnosis early on, they prevent the child from receiving necessary treatment.

In many medical malpractice lawsuits, doctors wait too long until the signs of the neurological disorder become extremely obvious. Unfortunately, by then, it is often too late for the child to receive the proper monitoring and services they need. In a medical malpractice lawsuit, the plaintiff will need to prove that the doctor should have diagnosed the patient with cerebral palsy and did not, which led to the manifestation of injury that would have otherwise been preventable.

Typically, cerebral palsy is not progressive, meaning it does not get progressively worse over time. However, when the cerebral palsy is severe, the child will continue to need significant help and medical care.

Medical malpractice, also known as medical negligence, happens when a doctor or nurse fails to meet the standard of care determined by the medical community. When a child develops cerebral palsy as a result of one of the following types of medical negligence, he or she may be entitled to compensation through a personal injury lawsuit:

• Failure to properly monitor the child: nurses and other medical professionals have a responsibility to make sure that the infant is stable before, during, and after the delivery process. They need to monitor the baby’s oxygen levels and heart rate. When the baby has an abnormal heart rate, it could indicate that the baby is not getting enough oxygen to their brain. When doctors do not properly monitor vital signs, they may be responsible for the resulting injuries.
• Failure to perform a timely caesarian section (c-section): when an infant shows signs of distress, the doctor may need to conduct a c-section to prevent brain damage. When problems happen, doctors may only have minutes to decide whether or not they need to do a C-section. When a doctor fails to notice signs of distress or fails to conduct a c-section, the parent may have a winning personal injury lawsuit against the doctor.

When a child receives a diagnosis of cerebral palsy as a result of medical malpractice, they may have a claim entitling them to monetary damages. It is important to discuss your case with an experienced lawyer as soon as possible. Contact the Charlotte medical malpractice lawyers at Arnold & Smith, PLLC today to schedule your initial consultation. Call our office at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville, and Monroe.