Kid with cerebral palsy in a wheelchair looking at a sunset

A Violation of a Standard of Care and Cerebral Palsy

By Greg Kohn

Medical providers and doctors are held to a high standard of care. When they violate a standard of care, the result can be catastrophic injuries. Mistakes and errors during prenatal care or childbirth could result in a child developing cerebral palsy. Our New Jersey personal injury attorney can help you seek compensation for your child by holding a negligent doctor responsible for their medical malpractice.

What Is Cerebral Palsy Medical Malpractice?

Cerebral palsy (CP) is a common disability in childhood. It impacts the ability to maintain balance and posture. It also impacts the ability to move. Cerebral palsy can be caused by damage to the developing brain. For example, untreated maternal infections and lack of oxygen to the baby’s brain during childbirth can cause cerebral palsy.

Medical malpractice occurs when a doctor deviates from the established medical standard of care. Violating the standard of care can include failing to act or committing a harmful act. The result is harm to the infant and/or mother. However, for the act or omission to qualify as malpractice, the doctor’s conduct must have caused the child to develop cerebral palsy.

Examples of Medical Malpractice That Can Result in Cerebral Palsy

Hospitals, doctors, nurses, and other medical providers can be held liable for their conduct that contributed to your child’s cerebral palsy diagnosis. Examples of breaches in the standard of care that can lead to a cerebral palsy malpractice claim include, but are not limited to:

  • Understaffing hospitals and medical facilities
  • Poor infection control in healthcare facilities
  • Lack of communication between departments
  • Negligent hiring practices
  • Inadequate prenatal care
  • Failure to detect signs of fetal distress during labor and delivery
  • Improper use of forceps and vacuum extraction
  • Failing to perform a timely Cesarean section
  • Mismanagement of or failure to prevent shoulder dystocia
  • Premature birth
  • Negligent pediatric care following birth

The consequences of cerebral palsy can be devastating. Depending on the type and degree of cerebral palsy, a child may have lifelong disabilities. Examples of the impairments and disabilities cerebral palsy can cause include:

  • Spinal deformities
  • Difficulty walking
  • Learning disabilities
  • Joint problems
  • Seizure disorders
  • Reduced cognitive functioning
  • Emotional and/or behavioral problems
  • Spastic movements
  • Problems with hearing and vision, including deafness and blindness

Cerebral palsy causes an uncertain future for a child. A child injured by a doctor or health care provider deserves to be compensated for their damages. Parents can take steps to hold doctors and medical providers accountable for their negligence and malpractice.

Suing for Cerebral Palsy Caused by Medical Malpractice in New Jersey

You can file a lawsuit against the doctor, hospital, and other medical providers who contributed to your child’s injuries and damages. Your child may be entitled to compensation for their pain and suffering, medical bills, future lost wages, and ongoing care and treatment. However, medical malpractice lawsuits are subject to the New Jersey statute of limitations. Therefore, it is wise to seek legal counsel as soon as possible to protect your child’s legal rights.

Contact Us Today to Discuss a Cerebral Palsy Malpractice Claim With a New Jersey Personal Injury Attorney

Has your child been diagnosed with cerebral palsy? If so, you and your child may be entitled to substantial compensation for the pain and suffering caused by a negligent medical provider. Call Nagel Rice LLP to speak with a New Jersey personal injury attorney during a confidential consultation.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.