New parents may be shocked to learn that their newborn has cerebral palsy. They may be more surprised when they realize that the root of their child’s condition is due to a doctor’s negligence when faced with fetal macrosomia.
Fetal macrosomia is a condition that causes fetuses to be larger than average. This can cause difficulties during labor and delivery, leading to negligent doctors making mistakes and causing cerebral palsy in babies with macrosomia. If your child had fetal macrosomia, and a Maryland doctor failed to diagnose it and create a birth plan to attempt to avoid complications, and your child now has cerebral palsy, reach out to an attorney. Your lawyer can help you hold a Maryland doctor accountable if their negligence caused cerebral palsy in your newborn.
For a free case review with our Maryland medical malpractice attorneys, call Rice Law at (410) 694-7291 today.
Can Macrosomia Cause Cerebral Palsy in Your Newborn?
Macrosomia is a condition that causes fetuses to grow quickly, ultimately being far above the average weight and size. This condition can cause difficulties during delivery, leading to cerebral palsy in some cases.
Macrosomia doesn’t always result in cerebral palsy. The initial condition, macrosomia, often occurs when mothers develop diabetes during pregnancy or fail to control preexisting diabetes. A mother’s age, weight, and diet can also cause macrosomia in a fetus. Late-term and previous pregnancies can also increase the risk of macrosomia in babies.
It is important to note that macrosomia doesn’t always lead to cerebral palsy. Cerebral palsy is a brain injury that can be sustained at birth. So, just because your baby is diagnosed with macrosomia before birth doesn’t mean they will develop cerebral palsy. Unless your child’s cerebral palsy is congenital, they will not develop it if not for negligence on behalf of a Maryland doctor.
Remember, macrosomia doesn’t guarantee that your child will develop cerebral palsy. If a negligent doctor tries to convince you that the two conditions are inextricably linked and there is nothing they could do, reach out to a Maryland personal injury lawyer. You may be able to hold a responsible hospital or doctor accountable in a lawsuit.
How Can Negligent Doctors Cause Cerebral Palsy in Babies with Macrosomia?
Generally speaking, macrosomia only leads to cerebral palsy when a delivering doctor acts negligently. While your Maryland doctor should be prepared to deliver a baby with macrosomia, negligence can lead to a birth injury like cerebral palsy.
More often than not, a Maryland doctor is responsible when macrosomia causes cerebral palsy in a newborn. That said, it can be difficult for parents to know exactly what went wrong, especially if doctors assure them everything is fine. To clarify the cause of your child’s cerebral palsy and whether it is due to a negligent doctor mishandling your child’s macrosomia, reach out to a Maryland birth injury lawyer.
Because macrosomia causes fetuses to grow too quickly, delivering a baby with macrosomia can be difficult for mothers. Impatient doctors may attempt to remove a baby with macrosomia from the birth canal with forceps or other means of force to speed up the process. This behavior can cause cerebral palsy in your newborn.
Since macrosomia is categorized by a larger fetus, it is not abnormal for babies with macrosomia to be born with umbilical cord complications. Asphyxiation at birth is dangerous, and if Maryland doctors do not remove the umbilical cord fast enough, it can lead to cerebral palsy.
The Link Between Macrosomia and Cerebral Palsy in Newborns
According to recent research, larger-than-average babies may have a higher likelihood of developing cerebral palsy, which is a collection of conditions that impair movement, muscle tone, and posture. While this field of research is constantly growing, there does seem to be some causal connection between the two conditions.
For instance, one study suggests that macrosomia does, in fact, increase the risk of cerebral palsy in newborns. Another study found an association between low Apgar scores in macrosomic infants and a later diagnosis of cerebral palsy. While these studies and others like them cannot conclusively state that cerebral palsy is directly caused by macrosomia, it is clear that there is a strong link between the two that should be observed and understood by your healthcare providers.
Can You File a Lawsuit If Macrosomia Causes Cerebral Palsy in Your Newborn?
Your Maryland doctor should be able to identify signs of macrosomia and develop a birth plan to successfully deliver your newborn when the time comes. Suppose a doctor acts negligently and fails to provide adequate care to a fetus with macrosomia and a mother. In that case, they can be held accountable in a lawsuit for compensatory damages.
Doctors and hospitals in Maryland should never be surprised when a child has macrosomia. Leading up to birth, your doctor should continuously monitor your baby so that they are ready for delivery. If your child has macrosomia, a Maryland doctor should prepare an alternative birth plan in case a cesarean section or other intervention is necessary because of your child’s size.
If your doctor was either unaware of your baby’s macrosomia or acted negligently during delivery in response to your baby’s macrosomia, causing cerebral palsy in your child, you can sue. Filing a lawsuit against a hospital or doctor can be difficult, especially for parents reeling from a traumatic delivery experience. That is why parents should reach out to a skilled Baltimore personal injury lawyer with the experience necessary to hold a negligent doctor or hospital accountable.
Proving Macrosomia Caused Cerebral Palsy in Your Newborn
To successfully pursue a lawsuit related to cerebral palsy, it is crucial to provide evidence that establishes four key elements. The first element involves proving that the healthcare provider was responsible for providing care to both the mother and child. This duty is inherent in childbirth cases due to the healthcare provider’s relationship with the patient, so establishing this factor is usually not a problem.
In order to prove medical malpractice, it is necessary to show that your healthcare provider did not fulfill their duty of care. This usually involves an action or failure to act that goes against the standard of care accepted by the medical community. Some examples may include using excessive force during childbirth, neglecting to perform a necessary cesarean section, or responding inadequately to complications, all of which would be considered a breach of duty. Essentially, it is the action that caused your child to develop cerebral palsy.
In order to successfully win your case, it is imperative to establish a clear and direct connection between the breach and the development of cerebral palsy. This aspect, commonly known as “causation,” often necessitates the testimony of a qualified medical professional with specialized knowledge of cerebral palsy. Additionally, it is crucial to provide evidence that the injury resulted in measurable damages, such as physical, emotional, or financial harm.
Damages You Can Recover for Cerebral Palsy Caused By Macrosomia
If you or your child have suffered injuries or losses due to someone else’s negligence, you will be entitled to damages. Cerebral palsy can result in long-term medical conditions that require costly treatment, and the responsible doctor should be held accountable for your child’s injuries. In addition to compensation for past medical expenses, you may also be eligible to claim for expected future medical costs. This is particularly significant in cases where a child has been diagnosed with a lifelong condition or disability.
Parents of babies with cerebral palsy caused by macrosomia often experience disappointment as their children might not be able to live fully independent lives. This can result in significant emotional distress and suffering. As part of your damages, you may be able to claim compensation for this pain and suffering.
Medical Care
Medical expenses make up a significant portion of the damages in cerebral palsy cases. These expenses include immediate costs like hospital bills, surgeries, and medication. For instance, if a child requires surgery, the cost of the operation, anesthesiology, and post-operative care would fall under this category. Furthermore, long-term medical expenses are also covered, such as ongoing physical therapy, occupational therapy, or any potential future surgeries the child may need due to their condition.
Lost Income
When it comes to damages, compensation for lost wages is a crucial element. The potential earning capacity of a newborn should be considered early on, as the law takes into account the long-term effects of their injuries. If cerebral palsy leads to a permanent disability that impairs the child’s ability to work as an adult, they may be granted compensation for lost wages.
This includes expected income loss from certain careers that the child is unable to pursue due to significant physical impairment caused by the injury. In addition, if the mother is unable to return to work as a result of the child’s birth injuries, she may also claim lost wages. Moreover, if the mother needs to take time off or request special accommodations from her employer to care for her child’s needs, claiming lost wages may be necessary.
Specialized Care
Families of children with cerebral palsy often face additional expenses related to their specialized care. These may include hiring caregivers, modifying their home to accommodate the child’s needs, and accessing special education services. In cases where the child has lost hand function due to an injury, expenses for installing handrails or customizing the vehicle for one-handed driving may also be necessary. Additionally, expenses related to therapy or special education services that can help the child adapt to their disability may also be recoverable.
Non-Economic Damages
When a child and their family go through the challenges of dealing with cerebral palsy, they often face both physical and emotional suffering. This can involve physical discomfort, anxiety, depression, and a decreased ability to enjoy life. These are referred to as pain and suffering or non-economic damages, which are considered when deciding on compensation. For instance, if the child or mother experiences ongoing pain because of the condition or develops anxiety due to their physical limitations, these factors could influence the amount granted for non-economic damages.
Can Macrosomia Cause Other Conditions in Newborns?
Macrosomia in fetuses can be very dangerous and lead to dangerous health conditions for both the mother and baby. In addition to cerebral palsy, macrosomia, without proper medical intervention from Maryland doctors, can cause serious harm to your newborn.
When macrosomia is left untreated, and mothers in Maryland are uninformed by their doctors, newborns are left to deal with the consequences. Macrosomia can lead to fetal distress and asphyxiation during birth. Macrosomia can cause death in infants and metabolic syndrome in children. With the proper diet and intervention, mothers can mitigate the effects of macrosomia. For that to happen, however, Maryland doctors must identify signs of macrosomia in fetuses and give expectant mothers the necessary advice.
Remember, your doctor is responsible for diagnosing you and your child with any medical conditions. Contact an Aberdeen personal injury lawyer today if your doctor failed to run the necessary tests and screenings for macrosomia and your child developed cerebral palsy.
Call Our Medical Malpractice Lawyers if a Doctor Caused Cerebral Palsy in Your Newborn
Contact Rice Law today at (410) 694-7291 to speak with our medical malpractice lawyers and receive your free case assessment.