Awaiting the birth of a child should be one of the most exciting times of your life. You should be thinking about setting up the baby room, choosing a name, and planning for the future of your family with your new addition.
Yet, if you’re reading this post, then your hopes for a safe birth may have been dashed by a birth injury caused by medical malpractice. Nothing is more gut-wrenching and heartbreaking than seeing your child in pain. It is unexpected and unacceptable. While we hope that your child’s injuries were minor, given the fragile nature of a newborn, there is a very real possibility that the harm inflicted is severe.
As an example, let’s take a look at cerebral palsy. This medical condition arises when the brain is deprived of oxygen, thereby resulting in brain damage. Sufferers of this condition exhibit problematic muscle development and movement that can last a lifetime. Symptoms of cerebral palsy may include difficulty walking, rigid or floppy limbs, involuntary movements, unexpected reflexes, and an abnormal posture. Victims may experience any of the following:
- Delayed motor skills
- Tremors
- Drooling
- Trouble swallowing
- Learning problems
- Seizures
Other brain issues may arise due to cerebral palsy, too, affecting vision, intellect, and mental health. Any of these symptoms can greatly affect an individual’s life, while some combination of them can be utterly debilitating.
There are a number of risk factors that can increase the likelihood of cerebral palsy. Certain medical conditions affected the child’s mother, infant illnesses, and other issues like low birth weight and breech presentation can increase the risk of a child developing cerebral palsy.
Despite these factors, you shouldn’t blindly let a doctor lay the blame solely on circumstances beyond his or her control. Instead, you need to be meticulous in your efforts to figure out exactly what happened. You might need to speak to witnesses, obtain medical records, subpoena other medically pertinent documents, and consider whether doctor error has caused your child’s condition.
Also, you should be sure to document all of the losses associated with your child’s injury. This may include medical expenses and non-economic damages like pain and suffering. This will provide you with a clearer sense of the value of your case and help steer settlement negotiations.
With all of that being said, it’s normal to be fearful after your child suffers a birth injury or the onset of a serious medical condition like cerebral palsy. But you don’t have to deal with this struggle on your own. Instead, you can secure the assistance you need to fight to find accountability and, hopefully, recover the compensation your family needs and deserves.