Fyrconthius Lazenquill 
Giving birth is probably one of the most joyous moments in any parent’s life. However, when you learn that your newborn baby has cerebral palsy, your joy can turn into overwhelming emotions. Several questions may be running through your mind, including what could have caused this lifelong condition in your child.
It is even more heartbreaking when you learn that your child’s cerebral palsy could have been avoided with proper medical care. If your child has cerebral palsy, it is crucial that you understand the warning signs that your child’s condition could have been a result of medical negligence.
While not all cerebral palsy cases are a result of medical negligence, there are certain signs that may suggest that the expected standard of care was not met. In this article, we’ll outline key signs that you should file a cerebral palsy lawsuit.
1. Failure to Recognize and Respond to Fetal Distress
Your medical care team has a duty to correctly monitor the condition of your unborn baby for signs of distress during labor and childbirth. Failing to recognize and respond to fetal distress is probably the most frequent type of negligence associated with cerebral palsy cases.
During labor, your healthcare providers need to watch your baby’s heart rate and vital signs closely. This helps catch early signs of a lack of oxygen. Warning signs include unusual heart rate patterns, fetal heart rate decelerations, or meconium (your baby’s first stool) showing up in the amniotic fluid. If your medical team fails to notice these warning signs or delays treatment, your baby could experience prolonged lack of oxygen, which may cause brain injury and potentially lead to cerebral palsy.
In some cases, fetal monitoring may show signs of distress for an extended period, yet appropriate action is not taken. An emergency cesarean section or other timely intervention may sometimes help prevent permanent brain damage. If you believe your child’s cerebral palsy is a result of medical negligence, you have a right to file a cerebral palsy lawsuit.
2. Missed or Delayed Diagnosis of Maternal Health Conditions
There are some maternal conditions that, if not properly diagnosed and managed, can increase the risk of complications that are likely to result in cerebral palsy. They can include gestational diabetes, infections, abnormalities affecting the placenta, and preeclampsia.
If your medical care team fails to diagnose such conditions early or misses them entirely, it eliminates the crucial opportunity of intervention, which could have probably prevented complications that lead to cerebral palsy. If your medical records show that you received little or no screening for these maternal conditions despite having known risk factors, it may raise concerns about whether the appropriate standard of care was followed.
If your records show symptoms that should have prompted further testing or investigation but were ignored, they may provide important evidence that earlier intervention was needed but not provided.
3. Incorrect Use of Delivery Assistance Tools
When your labor becomes prolonged or difficult, your healthcare team may use delivery tools like forceps or a vacuum extractor to help deliver your baby. While these tools can be necessary when used properly, improper use may cause trauma to your baby’s head or brain, potentially resulting in cerebral palsy. Signs that delivery tools may have been used improperly can include skull fractures, excessive bruising, or unusual marks on your child’s head after birth.
If your medical records document several failed attempts to use these devices or show that they were used despite known contraindications, this may suggest that the expected standard of care was not followed. You should also pay close attention if your baby showed signs of fetal distress before these tools were used, as this could indicate that a cesarean section may have been a safer option.
Endnote
Cerebral palsy is not always caused by medical negligence, but you want to be sure it was not the cause of your child’s cerebral palsy. If the signs above are present, you probably have a strong birth injury case. Be sure to consult a medical malpractice lawyer to assess your options.
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