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Do I Have a Cerebral Palsy Malpractice Case?

Did you know that medical malpractice can cause your child to develop cerebral palsy? If you believe that your doctor failed to provide the highest standard of care and your child has cerebral palsy, you may have a cerebral palsy malpractice case. Learn more about how this can happen by reading on.

What is Cerebral Palsy?

Cerebral palsy is a set of disorders that affect a person’s movement. It is the most common motor disability affecting children. Cerebral palsy is caused when the brain develops abnormally or is damaged during its development stage. People with cerebral palsy may need to use equipment to be able to walk, walk oddly, and have other problems with movement. Children with cerebral palsy may also have related conditions like intellectual disabilities, scoliosis, joint pains, seizures, or problems with their senses. Cerebral palsy is not a common disease, but it is incurable. Those that have it will live with cerebral palsy for the rest of their lives. 

Can Cerebral Palsy be Caused by Malpractice?

Cerebral palsy can be caused by medical malpractice. One of the leading causes of medical malpractice cerebral palsy is damage to a developing brain, which can occur during a child’s birth or directly after. For example, a newborn who lacks oxygen can suffer brain damage, leading to cerebral palsy. If a medical doctor fails to deliver your child safely, they can be held responsible for the child’s cerebral palsy. Doctors can also be held accountable if they fail to promptly diagnose an infection that causes cerebral palsy in a newborn. 

Is Cerebral Palsy the Doctor’s Fault?

Cerebral palsy is not always the doctor’s fault. Though cerebral palsy can be caused by malpractice, other children develop cerebral palsy no matter what precautions a doctor takes. Experts still don’t know the cause of cerebral palsy, and little can be done to prevent it. 

Can I Sue for Cerebral Palsy?

If you feel that a doctor’s actions have caused your child’s cerebral palsy, you may have a case for a lawsuit. Medical malpractice is incredibly difficult to prove. To have a better chance of winning your case, you will need to prove the “Four D’s of Medical Negligence:”

  1. Duty of Care: Proof of a doctor-patient relationship. 
  2. Dereliction: Negligence or failure to provide the standard of care. 
  3. Direct Causation: Proof that the doctor’s actions directly caused injury to the patient. 
  4. Damages: Evidence of physical, mental, or other suffering to the patient. 

Get a Free Case Review

At Massey Law Firm, we have a fantastic team that is highly experienced in medical malpractice lawsuits, including cerebral palsy malpractice cases. We help people in the Scottsdale-Phoenix area reclaim the justice they deserve. Our team uses aggressive legal strategies, works with medical experts, and has a deep understanding of handling medical malpractice. We believe that it is important to hold doctors, physicians, and other medical staff responsible for their negligent actions. 

We understand the costs and challenges ahead of you, and while we can’t ease the emotional burden, we can work for your financial compensation if a mistake has been made. If you would like us to evaluate your claim of cerebral palsy malpractice, call us at 602-955-0055, and someone from our legal team will give you a free case review.

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