Cerebral palsy, birth injury, and medical malpractice

Most everyone has heard of, or knows someone with, cerebral palsy. But what, exactly, does this term refer to?

2014-04-05

April 05, 2014 (Press-News.org) The medical story

Most everyone has heard of, or knows someone with, cerebral palsy. But what, exactly, does this term refer to? "Cerebral palsy" can be described as a neurological disorder appearing in infancy, or in the early years of childhood, which disorder permanently affects the body's movement and coordination, but which doesn't worsen over the years. The causation is abnormalities in that part of the brain controlling movements of the muscles.

Most children who have cerebral palsy are born that way, the damage occurring during pregnancy (75 percent of the time) or during childbirth (5 percent of the time), although detection may be delayed for months or years. However, technological innovations by hospitals and others, such as medical imaging, are making early diagnoses possible.

The legal story

Despite the above, and the efforts to prevent and treat cerebral palsy, the fact is, medical errors in the thousands occur each year. If your child is injured during childbirth due to the negligence of a doctor or other medical professional and suffers from cerebral palsy, you will probably be faced with major costs (for example, medication, therapy, and special education) to care for your disabled child. Consequently, you may need to hire a personal injury lawyer to seek and secure compensation for your injuries.

Parents often lay the blame on themselves when their child develops cerebral palsy. They may think that deficient prenatal care caused the harm. However, a child is born with this disorder for any number of reasons, including congenital abnormalities and mismanagement during delivery. Cerebral palsy may well affect children with vigilant parents who have not done anything wrong during prenatal care.

Various causes lead to this condition, including rubella or toxoplasmosis infections, the mother's exposure to chemicals, fetal trauma, malnutrition, or malpractice. As far as malpractice is concerned, this may involve a number of situations, such as a physician waiting too long before making a decision to perform a required caesarian section; not noticing and properly treating fetal distress; or errors when using equipment during delivery, such as the use of forceps. Because of these complications, proving medical malpractice as the cause of cerebral palsy is challenging, but by no means undoable.

Most doctors and nurses are highly qualified, delivering hundreds of babies with utmost care. However, errors in the delivery room do occur, causing preventable cerebral palsy, for which you are entitled to compensation.

Conclusion

If your child is born with what appears to be cerebral palsy, or seems to develop such a condition during his or her early years, it is extremely important to immediate consult medical experts for proper diagnosis and treatment. If you think you are not at fault, and that a medical professional might have caused this condition through his/her carelessness or negligence, it is also extremely important to consult and experienced cerebral palsy personal injury attorney.

If you need to pursue a legal claim, your chances of success may well depend on the quality of the legal advice you receive. An expert cerebral palsy attorney can tell if you have a strong case, based on previous cases which are similar to your own, and will do what is necessary to secure a maximum damage recovery to offset the exorbitant costs associated with lifelong medical care.

Article provided by Law Office of John J. Garvey, III
Visit us at www.johngarveylaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Tackling the war on skyrocketing student loans

2014-04-05

College students today face an array of hurdles when they graduate. Not only do they have to compete in a tough U.S. job market, but many have to figure out how to pay back their student loans. After graduation, the government gives students 6 months before they are required to pay back their loans on a 10 year repayment plan. In many cases, this amounts to a mortgage payment. Many students, unable to find a job or pay back such a high monthly payment, are forced into default--and further and further into debt. There are programs available to help borrowers struggling ...

Southern California woman receives $2 million for neurological injury

2014-04-05

Sometimes, what first starts as a minor injury can balloon into a devastating disease or disorder that causes lifelong debilitating symptoms. That was the case for a Fresno woman who settled her personal injury case for $2 million in March of this year, according to the Fresno Bee. Two years ago, the Californian was shopping with her daughter when an employee ran over her foot with a 100-pound metal cart. The incident was immediately reported and she went home to nurse her wounds. Unfortunately, her pain worsened and she developed a rare and chronic neurological disorder ...

New law could give four-time DUI offenders ability to drive in Illinois

2014-04-05

When a person is convicted of a DUI in Illinois, there are very specific penalties that will result. These penalties can include the loss of driving privileges for a prolonged period of time. If there are subsequent offenses, the amount of time that a license suspension will run can increase dramatically. For repeat DUI offenders, three or more convictions can mean the permanent revocation of their license. They would be unable to drive in Illinois, and if they were caught behind the wheel without a license, they would be facing additional penalties. These offenders ...

Passenger harmed in suspected drunk driving accident

2014-04-05

According to Anne Arundel County police, in mid March 2014, a passenger was severely harmed in a vehicle accident, which took place on Mountain Road in Pasadena, California. Local authorities explain that a Lincoln was initiating a turn into a lot late in the evening. All of a sudden, another motorist, who was operating a Nissan pickup truck and moving east, hit the vehicle. In this particular case, authorities believe that alcohol was a factor in the accident. Specifically, police suggest that the motorist of the Lincoln, who is of Glen Burnie, may have caused the car ...

Tennessee bill proposes to reduce jail time for repeat DUI offenders

2014-04-05

Some say Tennessee is "plagued" with people driving under the influence of alcohol. Many cry out for harsher punishments, and policies aimed at reducing the rate by which people drive after consuming alcohol. According to news reports, a strategy is being proposed by legislators and supported by many, that would result in shorter jail sentences for those who are convicted of more than one DUI. The Tennessean reports that the newly proposed bill, entitled the "Recidivism Reduction Act" aims to do more than reduce jail time for those with DUI arrests; it aims to actually ...

Carpal tunnel syndrome in the workplace

2014-04-05

Thousands of workers in Minnesota and across the U.S. suffer from carpal tunnel syndrome. It starts with numbness or tingling in their hands one day, and gets progressively more painful as time passes. Some professions have higher instances of carpal tunnel syndrome among those who work in them, and people should be aware of what carpel tunnel syndrome is and the jobs that put them at higher risk of developing carpal tunnel syndrome. What is carpal tunnel syndrome? Carpal tunnel syndrome is a type of repetitive strain injury affecting the medial nerve in the hands. ...

Couple struggles with loss of companionship after West Virginia accident

2014-04-05

A couple is suing a man from Cabell County after he plowed into their vehicle with his car. The couple filed suit in February 2013 in Cabell Circuit Court against the defendant. In the matter, the plaintiffs cite negligence and loss of companionship. According to the lawsuit, the wife was a passenger of a vehicle, which was traveling on U.S. 60 in Huntington. All of a sudden, the defendant motorist crashed into the couple's car. Court documents assert that the motorist was driving recklessly and carelessly, and he ultimately lost control of his vehicle. Ultimately, he ...

Modification of spousal support award upon former spouse's remarriage

2014-04-05

In the case of In re Marriage of Tilson, the Court of Appeals of Oregon upheld the trial court's decision to modify the award of spousal support for the wife as a result of her remarriage approximately five months after the dissolution of marriage became final. The trial court's order eliminated a previous award of transitional support, but continued the prior award of maintenance support. Background of the case The parties were married for 20 years. At the time of the dissolution, there was a disparity in the parties' income. The husband worked as a light-rail operator, ...

Will the number of truck accidents continue to increase?

2014-04-05

According to the National Safety Council, the number of fatal car accidents in the U.S. decreased by approximately three percent from 2012 to 2013. The number of car crash related injuries also declined by about two percent during the same period. While this overall decrease is, indeed, a good thing, the high level view masks one important fact: the number of fatal truck accidents appears to be on the rise. According to the National Highway Traffic Safety Administration, there were a total of 3,921 fatal truck accidents in the U.S. in 2012, the last year for which statistics ...

Study: number of divorces in U.S. increasing

2014-04-05

For many years, those who have researched the incidence of divorce in the U.S. have told a largely similar story: the period of social change that began in the 1950s sparked a dramatic increase in the rate of divorce in our country. In about 1980, the divorce rate peaked and it has been declining ever since. A new study suggests, however, that this understanding of the divorce rate in the U.S. is incorrect. In a study published in the journal Demography, researchers at the University of Minnesota re-examined divorce data and they discovered that the divorce rate has ...

LAST 30 PRESS RELEASES:

Evaluating performance and agreement of coronary heart disease polygenic risk scores

Heart failure in zero gravity— external constraint and cardiac hemodynamics

Amid record year for dengue infections, new study finds climate change responsible for 19% of today’s rising dengue burden

New study finds air pollution increases inflammation primarily in patients with heart disease

AI finds undiagnosed liver disease in early stages

The American Society of Tropical Medicine and Hygiene and the Bill & Melinda Gates Foundation announce new research fellowship in malaria genomics in honor of professor Dominic Kwiatkowski