Medical Malpractice:
Cerebral Palsy and Birth Injuries
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Cerebral palsy is a permanent and irreversible crippling condition affecting the brain and the central nervous system of an infant or a young child. Cerebral palsy can be caused by a number of ways including complications during pregnancy, the birth process, or the newborn period. CP is incurable and leaves the child disabled for life.

Erbs Palsy

Erbs Palsy or Brachial Plexus Palsy is caused by traumatic stretching of the infant's shoulder during birth. Erbs Palsy affects a bundle of five nerves known as the brachial plexus, which control muscles in the shoulder, arm, and hand. The result is paralysis in these muscles, diminished muscle control or no feeling in the arms or hands. Some sufferers of Erbs Palsy can move their arms, but have little control over the wrist and hand. Still others can use their hands well, but cannot use the shoulder or elbow.

When the initial shock wears off, parents want answers. They want to know what went wrong and if this tragedy could have been prevented.

Sometimes, an investigation will reveal that the outcome could not have been prevented. But there are other cases where an investigation shows that some form of malpractice has occurred and that the injury could have indeed been prevented.

Medical Malpractice

Medical malpractice is when a doctor or other health care professional deviates from the standard of care. This means that they did not provide the type of care that other members of the profession would have done under the same or similar circumstances.

The medical malpractice in birth injury cases could include any of the following scenarios:

  • Failure to diagnose or properly manage pregnancy complications.
  • Failure to respond to fetal distress in a timely manner.
  • Failure to expedite the delivery of the fetus, resulting in irreversible brain damage to the baby.

If parents are not satisfied with the information they receive from their doctor surrounding their child's injury, an attorney may be able to help. Caring for a child with cerebral palsy is a huge economic burden. An attorney provides access to the legal system to help parents collect money from the negligent parties to help provide long term care for their child.

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Free Case Evaluation Related News Related Success
Free Case Evaluation Related News Related Success

Cerebral palsy is a permanent and irreversible crippling condition affecting the brain and the central nervous system of an infant or a young child. Cerebral palsy can be caused by a number of ways including complications during pregnancy, the birth process, or the newborn period. CP is incurable and leaves the child disabled for life.

If your child suffers from cerebral palsy, erbs palsy or any other birth related injury, please fill out the form below or call us at 1-800-275-0192.

The information you provide will only be used in accordance with our terms and conditions. By submitting this form, you certify that you agree to our terms and conditions and want us to contact you regarding your inquiry.

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Jury awards $3.7M in distressed birth 2008 02 29 A Marion County jury has awarded a Westfield woman and her daughter a $3.7 million judgment in a malpractice case arising from the girl's troubled birth.  Robin Lynch's lawsuit argued
The U.S. FDA today notified the public that Botox and Botox Cosmetic and Myobloc have been linked in some cases to adverse reactions, including respiratory failure and death, following treatment of a variety of conditions using a wide range of doses.The adverse effects were found in FDA-approved and nonapproved usages. The most severe adverse effects were found in children treated for spasticity in their limbs associated with cerebral palsy. Treatment of spasticity is not an FDA-approved use of botulism toxins in children or adults.
A teenager from West Bromwich was awarded a compensation package of nearly £5.5 million today after a series of failures during his birth left him severely disabled.Daniel Kay, 16, has quadriplegic cerebral palsy - a type of cerebal palsy which affects all four limbs - after he was deprived of oxygen when doctors failed to manage his breathing properly, leading to a circulatory collapse when he was one day old.
DES MOINES, Iowa -- A Leon, Iowa, woman talked Friday about her $13.5 million lawsuit award in a malpractice case.Debra Gardner, 27, sued Broadlawns and Drs. Larry Lindell and Robert Railey after her son Nathaniel, 4, was born at the hospital with cerebral palsy in 2002. Gardner's pregnancy was allowed to continue for 42 weeks, two weeks past her due date. Gardner and her lawyers claimed that when Nathan was born, the doctor failed to monitor him during the Caesarean section procedure. They said Nathan was deprived of oxygen for up to 25 minutes, resulting in cerebral palsy.
A Glendale Superior Court civil jury has awarded an estimated $96 million in future damages in the case of a child who developed a rare but serious neurological disorder caused by untreated jaundice shortly after his birth four years ago at Verdugo Hills Hospital.The jury's 9-3 verdict, which came late Monday, is calculated in two ways. The current value of the award is $15 million, but it is expected to reach $96 million over the course of medical care for the boy during his lifetime, said attorneys for Aidan Ming-Ho Leung. That would make it one of the largest jury awards in recent California court history, according to a website that tracks the top jury awards.

The parents of a child born with catastrophic brain injury brought suit against the obstetrician who delivered their baby alleging malpractice. The doctor had failed to assess and treat the mother’s induced hypertension, which resulted in the child suffering brain injury because of severe oxygen depravation during delivery. The parents received $2.4 million.
After their child was born with permanent brain damage, our clients wanted to know what went wrong. Our attorneys proved that the doctor’s mismanagement of the mother’s labor and delivery resulted in a prolonged lack of oxygen to the brain. The family was awarded $2.7 million.
After reviewing the facts of the case and obtaining all necessary medical records, our attorneys demonstrated that the doctor’s failure to expedite delivery despite repeated indications of fetal distress and a prolonged second-stage labor caused severe, permanent brain injury to the child. The jury agreed and awarded the family $3 million.

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