MEDICAL MALPRACTICE

Q:Our three year old daughter has missed major developmental milestones since birth. We consulted with her pediatrician and other medical specialists, and she was diagnosed with cerebral palsy last month. We are now in the process of determining the extent, location and severity of her condition. Is the doctor who delivered our daughter responsible for her condition?

A:Cerebral palsy is the result of a brain injury to a child before, during or shortly after birth, and the cause of the cerebral palsy is unique to the individual. Some situations which increase the likelihood of a birth injury may include infections, loss of oxygen or blood flow to the baby’s brain, blood clotting, placental abnormalities, maternal high blood pressure, and improper medical care. Depending on your daughter ’s development in utero and her delivery, the cerebral palsy may or may not have been preventable.

In order to determine if the doctor(s) who cared for you and your daughter during your pregnancy and delivery have any liability for her condition, a thorough review of the medical records must be conducted, looking for any factors which can cause damage to a child’s developing brain.

Indications of a preventable birth injury include failure to detect infections during pregnancy, adverse effects from drugs or surgery, neglecting proper heart rate monitoring during delivery, not performing a medically advisable cesarean section, improper use of delivery instruments, such as forceps, failure to detect issues with the umbilical cord, gross mismanagement of normal delivery procedure, and failure to treat severe jaundice in the newborn. Lapses in medical judgment such as these can cause cerebral palsy by depriving the fetus of blood and oxygen, inhibiting normal development, or causing physical trauma.

Individuals diagnosed with cerebral palsy require lifelong treatment, and the costs of raising a child with the condition are many times greater than raising a child without a disability. If your daughter ’s cerebral palsy was indeed caused by a preventable birth injury, you as her parents are entitled to legal compensation to offset the costs of medical care, therapy, home care, rehabilitation, and more.

Please contact the DiCello Law Firm to further discuss your daughter ’s situation.

Robert J. DiCello