The Link between Cerebral Palsy and Medical Malpractice

Brachial plexus injury

This post was written by Andrea Girones:

Cerebral palsy, a permanent neurological syndrome, has many causes. However one undeniable cause is lack of oxygen at birth. The deprivation of oxygen (asphyxia), can cause brain tissue to die (ischemia) leading to permanent cognitive and physical disabilities.

Lack of oxygen- was it preventable?

Whether the brain damage was caused by the medical negligence of the delivery team at birth depends on whether or not the oxygen deprivation (hypoxia) was detectable and preventable. In other words, if the oxygen deprivation could be seen by, for example, a fetal heart monitor and prevented, say by moving the mother into a different position, and NOTHING WAS DONE- then this is medical malpractice.

Fetal heart rate monitoring

Whether a mother is laboring in a hospital or midwife setting there are strict guidelines about how, when and how often, a fetal heart should be listened to. Fetal heart monitoring is the oldest and most effective way to monitor fetal well-being during the difficult and tumultuous time of labour. The failure to properly monitor the fetal heart rate and/ the failure to identify fetal heart rate abnormalities are common findings of medical malpractice.

Causing the Oxygen deprivation as medical negligence

Advances in medical technology means that we can accelerate labour through medication such as Pitocin and Oxytocin. These medications help labour contractions get strong enough to push the baby out but also make contractions artificially heavier and more violent for the fetus. Some babies are unable to cope with this increased stress and begin to decompensate Aggressive use of labour accelerants, without close fetal heart rate monitoring, is medical negligence.

Sudden development requiring quick action

Most labours are uneventful and are happy events. But the whole point of being in a hospital in a high risk situation is that expert specialists are able to act quickly and decisively. The failure of the medical team to recognize acute emergencies and act with urgency to  rescue the fetus, is another kind of medical negligence.

Know your rights

If you and your child have suffered from a traumatic birth event that lead to a permanent disability, it is important to contact an experienced birth trauma lawyer for advice. Our office has worked with hundreds of families in obstetrical cases.

We know that families with a disabled child are devoting all their funds towards care for their child. There are no fees for our initial investigation and if we accept your case there are no fees until we successfully resolve your case.

Call our office today and ask for Andrea Girones. I would be pleased to speak with you. 1-866-701-5811 www.girones.ca


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