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Birth Defects And Medical Malpractice Case: Who’s To Blame

The causes of damage to children at birth can be genetic, or something that occurred during the mothers pregnancy. Some tragic incidents are unavoidable.

However, often the cause of birth defects such as Cerebral Palsy is negligence by doctors and other health providers. This can become the subject of medical malpractice cases.

Cerebral palsy is a condition where there is brain damage before, during or after the birth of a child. The child suffers an injury to their brain so they are not able to use the muscles in a normal way. The children may not be able to talk, walk or play.

Many cerebral palsy conditions are caused by a brain injury that occurred during pregnancy or birth. Cerebral Palsy disorders are caused by faulty development of or damage to motor areas in the brain that disrupt the brain's ability to control movement and posture. A variety of conditions can lead to brain injury, including conditions and problems with the blood supply to the brain that can affect how the child's brain develops during the first 6 months of pregnancy. If the oxygen supply to the brain is severely low at the time of birth, this is a leading cause of problems for the infant, including cerebral palsy.

It is not totally curable, but with modern technology these children are often able to live productive lives, to an extent.

Health care providers can cause severe physical trauma to the infant during birth.

Errors made by doctors and nurses during the infants delivery can result in a cerebral palsy condition. This can be caused by failure to order a Caesarian-Section or the use of a vacuum extractor.

Other decisions that can harm the infant at birth are failure to act to relieve a prolapsed umbilical cord reducing oxygen supply and the improper use of delivery forceps.

The following incidents may also justify further investigation of a possible medical malpractice claim: The use of resuscitation (CPR) after birth; emergency delivery with forceps, or delivery by caesarian section.

Mistakes are responsible for many birth injury cases and it would be impossible for a parent alone to determine if medical malpractice caused their child's injury. If Medical Malpractice is the suspected cause of a permanent injury to an infant, a lawyer should be consulted and put together a legal-medical team to study if there are grounds for a legal case.