Welcoming a new child into the world and your family should be a momentous and joyous event. While this is certainly the case for many families, the birthing process is not without its risks. Some of these risks are unavoidable and naturally occurring, but others are posed by medical malpractice. Despite their extensive education, training, and experience, doctors are human, which means they make mistakes. But their mishaps could leave your child with a devastating birth injury.
There are quite of few ways in which a child can be injured during birth, but one of the most serious conditions that can develop from a birth injury is cerebral palsy. This condition, often caused when a child’s brain is deprived of oxygen, leaves a child with abnormal movements. This may include improper reflexes, floppiness or rigidity of limbs, irregular posture, and difficulty walking. Cerebral palsy sufferers can even exhibit involuntary movements and have trouble swallowing and seeing.
There is no cure for this condition, which means that children who are afflicted with cerebral palsy are destined to a life that, in many but not all ways, is different from their peers. They may struggle to walk, develop intellectual disabilities, have difficulty performing everyday tasks like grooming, and suffer from blindness and/or deafness. As if this isn’t hard enough of a child and his or her family, the medical and rehabilitative costs associated with cerebral palsy can be disastrous. This is unfair because it often leaves families in a position where they have to choose between securing what is best for their child and retaining financial stability. For most parents, though, there is no choice: doing what is best for their child is the only option.
Although facing this financial reality can be scary, families in this position should take comfort in the fact that they might be able to recover the compensation they need through a medical malpractice lawsuit. In order to successfully do so, these families will need to show that the errant medical professional in question failed to live up to the applicable standard of care, which resulted in the child’s condition.
This can be a challenging feat, and it often requires extensive research, strong expert testimony in support of a family’s claim, and aggressive counter-arguments that diminish attempts to avoid liability. Fortunately, families who find themselves in this position can obtain help from experienced and knowledgeable legal professionals who know how to fight for them.