Montana parents of children with severe disabilities know how challenging it can be to provide the care and support their child needs. If the disability is the result of a birth injury, they may wonder if the injury was preventable. In some cases, birth injuries are the result of doctor error or hospital negligence during the delivery process. When this occurs, the parents have the right to bring a medical malpractice claim and recover compensation.
One of the more common medical problems that can be caused by a birth injury is cerebral palsy. The term “cerebral palsy” actually refers to a number of medical conditions that can affect a child’s body movement and brain function. It can be caused by a brain injury that occurs during pregnancy, during birth or after birth. It can also result from a lack of oxygen to the child’s brain during birth.
When the obstetrician performing the delivery realizes the baby is not getting enough oxygen, emergency procedures are necessary to get oxygen to the brain quickly. One such procedure is the immediate performance of a C-section. If the doctor does not recognize the oxygen deficiency quickly enough, or fails to perform a C-section or other procedure in time, there may be a basis for a malpractice claim. The issue in such a case will be whether the physician met the standard of care of a competent practitioner in their specialty.
Medical malpractice claims involving birth injuries are complex and require skilled legal counsel. Parents of children who have suffered a birth injury may wish to consult an experienced medical malpractice lawyer to determine whether they have a case.
Source: FindLaw.com, “Birth Injuries: Cerebral Palsy and Erbs Palsy,” accessed on July 19, 2015
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