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Toronto Personal Injury Lawer Blog - Findlay Law

Friday, November 21, 2008

Cerebral Palsy and Medical Malpractice

Cerebral palsy can still occur despite the best of medical care. But when cases are caused by a health care provider's negligence, there may be grounds for a lawsuit. Such errors can occur either during the birth or during the newborn's care prior to discharge. Common delivery mistakes that cause cerebral palsy include, and may be indicated by:
  • Severe oxygen deprivation to the brain that resulted from:

  • The child remaining in the birth canal too long
  • Failure to recognize and treat seizures following delivery
  • An undetected prolapsed cord or nuchal cord
  • Failure to perform a cesarean section in the presence of fetal distress
  • Non-response to changes in the fetal heart rate
  • Failure to plan a cesarean section for a large birth weight infant
  • CPR required after birth

  • Failure to respond to the mothers changing conditions, such as high blood pressure or toxemia
  • Failure to diagnose and treat jaundice in a timely manner
  • Failure to diagnose and treat meningitis in a timely manner
  • Excessive use of vacuum extraction
  • Improper use of forceps
  • Emergency cesarean section
  • Emergency transfer to neonatal ICU (NICU)
  • The occurrence of seizures
  • The need for MRI, brain scan or other special diagnostic testing
  • The infant required oxygen or respiratory support after birth

If your child has cerebral palsy, and if any of the above was a factor in the birth of your child, it may indicate a medical error as the cause. The monetary, medical, physical and emotional costs of meeting the specialized needs of a child with cerebral palsy can continue throughout your child's life.

If your child is the victim of cerebral palsy, please contact Findlay Law Offices for a free consultation if you live Ontario. You may be entitled to damages if this was caused by a medical malpractice error.

posted by Patti at 5:33 PM