When a child is born with brain damage, this can be hard for a parent to accept. Not only can birth complications be traumatizing for the mother, but knowing that your child will have a life-long disability can be overwhelming. It can potentially lead to parental mental health issues as well as problems bonding with the child.
If your child was diagnosed with cerebral palsy at birth, the child and the entire family will need a range of support services. It is important that you are able to pinpoint the cause of cerebral palsy. By doing so, you will be able to determine whether it will be possible to claim back monetary damages as part of a medical malpractice claim.
Can cerebral palsy be caused by a birth injury?
There are many different types of cerebral palsy, and there are also multiple ways that it can be caused. Cerebral palsy can be caused while the fetus is in the womb or after the child is born. In addition, it is estimated that 20% of those with cerebral palsy acquired the condition as a result of a birth injury, meaning that their condition resulted from complications during the delivery process.
Can I make a medical malpractice claim if cerebral palsy was caused by a birth injury?
Complications during birth can often arise, and sometimes it is not possible for even the most competent of doctors and nurses to foresee and prevent them. However, in many cases, serious birth complications result from negligence on behalf of the medical provider.
If you can show that negligence was exhibited by a single medical professional or by a collective entity such as the hospital itself, you may be able to file a successful medical malpractice claim. In order to achieve this, you must be able to make a clear link between the negligence exhibited and the damages suffered in the birth injury. By doing so, you may be able to claim back significant monetary damages that you will be able to use to fund your child's care.
It is important that you are able to get justice for your child if they have been injured during birth. By understanding the law in Ohio, you will be better equipped to do this.