Cerebral Palsy and Medical Malpractice

Unfortunately, medical malpractice has resulted in thousands of diagnoses of cerebral palsy in infants. Over the years, it has been substantiated that physicians and other members of the delivery room medical staff make mistakes during childbirth. Some of the more common instances of medical malpractice that occur during delivery that may lead to cerebral palsy include:

Cutting off the newborn's oxygen supply by leaving it in the birth canal for an extended length of time.
Failure to diagnose and treat seizures after delivery.
Failure to recognize a prolapsed umbilical cord (cord wraps around baby's neck and stops oxygen from reaching the brain).
Overuse of vacuum extraction.
Inappropriate use of forceps.
Failure to perform a C-section when the baby is clearly in distress.
Ignoring changes in the baby's heart rate.
Failure to recognize the need for a C-section prior to the time of delivery; an abnormally large infant could cause complications and delay delivery.
Failure to realize mother's irregular state (e.g., high blood pressure, toxemia).
Failure to notice and care for jaundice.
Failure to notice and care for meningitis.

The hospital staff responsible for caring for an expecting mother and her fetus have a duty to provide safe and effective treatment prior to, throughout, and following delivery. When standard protocol is not adhered to and quality of care is sacrificed, the baby can receive permanent brain damage. Any of the ensuing examples may indicate the incidence of medical negligence on behalf of a doctor, nurse, or other staff member that may have contributed to cerebral palsy:

Emergency delivery requiring forceps, vacuum extraction, or C-section
Baby needed to be resuscitated upon delivery
Baby was transferred to a separate facility or was treated in the neonatal intensive care unit
Infant experienced convulsions instantly after delivery or within three to four days of birth
Baby was ordered to undergo special tests following delivery (e.g., MRI, CAT scan)
Infant required assisted breathing after labor
Infant's condition called for the care of a specialist as opposed to a pediatrician

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