Cerebral Palsy FAQs
2. Can medical negligence occurring during the prenatal period cause cerebral palsy?
4. What are the more common mistakes made by doctors that can lead to a baby having cerebral palsy?
5. Are most instances of cerebral palsy caused by medical negligence?
Q: My child suffers from cerebral palsy. He was diagnosed within the first year of his birth. Could medical malpractice have caused my child’s injury?
A: Not all cases of cerebral palsy are caused by medical malpractice. However, if your obstetrician or family practitioner fail to act reasonably during your pregnancy, and in particular during your labor and delivery, medical negligence may have played a role in your child’s injury.
Q: Can medical negligence occurring during the prenatal period cause cerebral palsy?
A: Sometimes. More often the medical negligence occurs during the intrapartum period which is also known as the labor and delivery period. Both doctors and nurses are obligated to monitor the progress of labor. It’s the labor and delivery period where unborn babies frequently run into trouble and the doctors and nurses are required to act reasonably to safeguard mother and baby from injury.
Q: In your experience, what are some ways that nurses’ actions can cause cerebral palsy during the labor and delivery period?
A: Nurses are obligated to monitor mother and baby during the labor and delivery period, especially when the physician is not present. Sometimes, negligent monitoring occurs because: (a) Nurses don’t detect that the baby is no longer moving inside the mother. Lack of fetal movement for lengthy periods of time can be a sign of fetal trouble. (b) Nurses fail to correctly read and interpret the fetal monitor strips. (c) Nurses fail to adequately communicate important information with the mother’s obstetrician during the labor process.
Q: What are the more common mistakes made by doctors that can lead to a baby having cerebral palsy?
A: Doctors also have the responsibility to mother and baby during the labor and delivery period and mistakes are sometimes seen in the following areas: (a) Doctors failing to correctly read and interpret fetal monitor strips which demonstrate the lack of fetal well-being. (b) Sometimes doctors wait too long to perform a C-section which can result in a lack of oxygen to the baby and cerebral palsy. (c) Not all doctors are familiar with the appropriate reasons to use vacuum and forceps. This is especially true with family practitioners. Misuse of vacuum or forceps can lead to fetal trauma and cerebral palsy.
Q: Are most instances of cerebral palsy caused by medical negligence?
A: No. In fact, most instances of cerebral palsy are not preventable or even detectable. Babies are often deprived of essential oxygen to their brain during the prenatal period when neither the mother or the practicing obstetrician know it’s occurring. However, it is well-known that some instances of cerebral palsy are clearly caused by medical negligence. The only way to know for sure is to have your prenatal, labor and delivery records reviewed by a lawyer who is competent in this subspecialized area of medical negligence.
Q: When my baby was born, my doctor said we had to go to a c-section because I was running a fever and might be infected. After my child’s birth, he had to be in the hospital for two weeks before I could taken him home. Now, he has failed to meet many of his developmental milestones. I fear that his brain development may have been affected by my infection. Could my infection have led to an injury to my son?
A: Newborns infections can be caused by a number of factors, some of which may not have been preventable. However, if you were ill or had an infection during your labor and delivery and it wasn’t properly treated, that may have played a role in your baby’s injury. Exposure to infection in the hospital, even within the nursery, can contribute to a brain injury. A medical expert experienced in evaluating obstetrical malpractice can review your case and provide more specific recommendations. If you have any doubts about what caused your son’s brain injury, contact an attorney immediately.


