Cerebral palsy (CP) is a neurological condition resulting from fetal brain damage during pregnancy, delivery, or immediately after birth. Cerebral palsy is often a preventable condition that can result from medical error or negligence.
If your child was diagnosed with cerebral palsy, you might be wondering how you will provide for their needs and ensure that they have all the care they require. A Bloomington cerebral palsy lawyer could help you evaluate your options. An experienced personal injury lawyer could help you seek compensation to pay for healthcare and necessary caregivers for the rest of your child’s life.
Negligence-Based Cerebral Palsy
Not every case of CP is due to poor medical decision-making or inadequate care. However, many cases of cerebral palsy could have been prevented if the obstetric team had been more attentive or cautious. Cerebral palsy can be caused by a variety of issues, including asphyxiation, premature births, delayed c-sections, trauma, and infection.
Asphyxia
The brain requires a steady supply of oxygen, and if the supply is interrupted, brain cells can begin to die. Circumstances that could cause an infant to suffer asphyxiation include:
- Mother has uncontrolled blood pressure that is very high or low
- Baby presents at delivery with the umbilical cord around the neck
- Infant is breech (emerges from the womb feet first)
- Baby gets stuck in the birth canal
- Undeveloped or malformed trachea
- Placental abruption or placenta previa
When a baby’s brain cannot get enough oxygen during the late stages of pregnancy, delivery, or immediately after birth, cerebral palsy could result.
Prematurity
Pre-term babies are more likely to have cerebral palsy than full-term babies. Preemies often experience bleeding in their brains, which could lead to CP.
Delayed Caesarian Section
When complications arise during a delivery, an emergency c-section could be the best option for mother and infant. Sometimes healthcare personnel do not note the signs of fetal distress immediately and delay performing the procedure. Delay could lead to brain damage and an eventual diagnosis of cerebral palsy.
Birth Trauma
When a child gets stuck in the birth canal due to shoulder dystocia or some other cause, medical personnel might attempt to remove the child by grasping their head with forceps or a vacuum extractor. Both methods can cause head trauma and brain damage that could lead to cerebral palsy.
Infection
Certain maternal infections can disrupt a fetus’ brain development. Depending on the timing of the infection and its severity, an infection in the mother could eventually lead to cerebral palsy in the child.
Although CP is not always someone’s fault, obstetrical teams could prevent many cases of cerebral palsy with close observation of high-risk mothers and skilled care at delivery. In order to bring a cerebral palsy suit in Bloomington, 735 Illinois Consolidated Statutes §5/2-622(a) requires a lawyer to secure an affidavit from a medical professional that asserts the medical care in the specific case did not meet an accepted standard of care.
How Long Do You Have to File a Cerebral Palsy Claim?
Illinois law requires most medical malpractice actions to be filed within two years of the date of the medical error. This can be extended to four years if the error is not immediately apparent. However, since cerebral palsy cases involve minors, 735 ILCS §5/13-212 (b) allows up to eight years to bring an action, although they must bring suit before their 22nd birthday. The best way to determine what deadline or statute of limitations applies to your case is to take advantage of a free consultation with a medical malpractice attorney.
Parents can bring a lawsuit on behalf of themselves and the child. Doing so provides the parents with financial support for their child’s care and could allow them to better plan for their disabled child’s future.
Allow a Compassionate Local Cerebral Palsy Attorney to Help Your Family
Most parents struggle to manage the news that their child might be permanently disabled. Although a medical malpractice suit cannot relieve all your worries about your child’s future, it could at least provide some accountability. It can also provide you with the financial stability necessary to give your child the care they need.
Let a skilled Bloomington cerebral palsy lawyer help you provide for your child’s financial security. Reach out to make a free appointment today.