Cerebral palsy is one of the most common injuries that can happen to a baby during his or her birth. Cerebral palsy is a type of brain injury that can possibly lead to brain damage because the oxygen supply to the baby’s brain becomes limited. It can cause extensive damage to the baby’s cerebrum, the part of the brain responsible for memory and motor and sensory functions. If a child develops cerebral palsy, he or she will have a hard time controlling his movements, plus he or she will also have limited mental capacity.
One of the factors that can contribute to the development of cerebral palsy in a newborn baby is the delay of carrying out a cesarean section. These days, more and more women are opting to deliver through cesarean section, since this is the ideal way of giving birth for babies that are too large to fit in the birth canal. It is also used if the mother suffers from unwanted pregnancy and medical disorders, such as placenta abruptio, placenta previa, and diabetes, or if the fetus is in distress. During emergency cases, the doctor needs to immediately decide to have a cesarean section so as to prevent further fetal distress and other potential problems for the newborn. For example, studies have shown that failure to do a timely cesarean section can lead to cerebral palsy and subsequent brain damage.
If the doctor delays in ordering a cesarean section, and this momentary hesitation results to birth injuries and fatalities, the doctor can be held liable for it. The doctor can also be held liable for failing to diagnose the problem. You can file a lawsuit against the doctor for lack of proper judgment during an emergency situation. For you to be able to exercise your rights in this scenario, you will need to hire the services of a birth injury lawyer.
Your lawyer will be able to determine whether a certain birth injury is caused by the doctor or not. Remember, not all birth injuries can be considered as the fault of the doctor of the hospital. For example, birth injuries occurring because of the natural course of labor can hardly be blamed on the doctor, since it will not be accepted by the court.
Having a birth injury lawyer is essential since he knows the ins and outs of birth injury laws governing your state. They will be able to explain to you the rules that need to be satisfied in order to say that a doctor is liable for a birth injury.