Law Firm of Aaron Bortel

Did My Baby Suffer Cerebral Palsy Because Of My Obstetrician?

Cerebral palsy is a medical condition that occurs primarily in infants during birth. About six to eight % of cerebral palsy cases are caused by asphyxia, which is a lack of oxygen to the brain. Cerebral palsy affects a person’s posture, balance, motor skills, reflexes, and muscle coordination that can all limit a person in performing their daily activities.

Cerebral palsy will not only affect the infant, it will also affect the families of the victim. This is a condition that may require 24/7 assistance and a life full of medical expenses. When cerebral palsy is caused by an obstetrician’s negligence, he or she can be held accountable for all the damages that surfaced from the cerebral palsy condition.

The cerebral palsy lawyers in Orlando can help the victim and their families seek justice for the damages that they have suffered. An obstetrician needs to take extreme care when dealing with a mother and their child. Below will be described the elements of negligence that need to be proven by the victim and examples of obstetricians that caused an infant to suffer cerebral palsy.

Examples of Cerebral Palsy Caused by Negligence

Example 1: A  34-year old woman is almost full-term. She starts experiencing bleeding and cramping a day before her due date. She contacts her obstetrician to ask whether she will be induced and if she should go to the hospital. The obstetrician tells her to wait until her water breaks. She was given the same instructions every time she would call for the next three weeks. She ended up going to the emergency room where she was induced because she was a month overdue. Her obstetrician did not perform a C-section and proceeded with natural birth even though the baby was of a significant size. The baby could not fit through the birth canal and suffered cerebral palsy due to asphyxia.

Example 2:  A mother goes into labor at only 30 weeks of gestation. The baby is born at 4.3 lbs. The medical staff delays the time to incubate the infant and provide them with a breathing tube. The lack of oxygen to the brain caused the infant to suffer cerebral palsy.

Elements of Negligence in Cerebral Palsy

Cerebral palsy must be proven by the following elements in order for it to constitute negligence:

  • The standard of care fell short by the defendant
  • The lack of standard of care caused the harm
  • The harm led to damages

Cerebral Palsy Malpractice Attorneys  Helping Victims in Orlando

A condition like cerebral palsy changes a person’s life on a large scale. Negligence is often the cause of cerebral palsy. In other words, it could have been prevented had the proper standard of care been provided to the patient. Finding out what can be done, what damages can be awarded, who caused the injury, and what are the next steps that should be taken can be assessed through an Orlando Lawyer that specialized in medical malpractice cases like cerebral palsy at Percy Martinez Law Firm.

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About the Author

My name is Aaron Bortel. I practice in the state of California. I handle DUI cases exclusively and have been practicing for over 25 years.