Cerebral palsy (CP) is a serious medical condition that can affect a person for their entire life. If a child develops cerebral palsy at an early age, there is a possibility that it was caused due to a birth injury. A birth injury that led to cerebral palsy could mean that a doctor committed an act of medical malpractice. If you believe that your child developed cerebral palsy due to medical malpractice, consult with an experienced Baltimore cerebral palsy lawyer today.
The Law Offices of Randolph Rice understand the difficulty of learning that your child has developed cerebral palsy, and we are ready to help you fight against a negligent medical practitioner. Our firm is dedicated to representing victims of medical malpractice, so you do not have to fight your case alone. To schedule a free legal consultation to discuss your claim, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact the firm online.
Birth Errors that Cause Cerebral Palsy in Baltimore, MD
Cerebral palsy is a neurological disorder that can affect a person in a variety of ways. Specifically, many people who develop cerebral palsy experience problems with motor functions, muscle tones, and even movement. For example, if an infant that has developed cerebral palsy may have difficulty learning to walk or simply trying to hold an object.
While a newborn can develop cerebral palsy under a number of circumstances, one of the most common causes of cerebral palsy is medical malpractice. The following is a list of common medical malpractice errors that can result in a cerebral palsy birth injury in Baltimore, MD.
Birth-Assisting Instrument Errors
If a doctor believes that a mother will have a difficult labor, they may decide to use a birth-assisting instrument to help pull a child from the birth canal. Ordinarily, a doctor will utilize forceps or a vacuum extractor to help deliver a child. Forceps are tong-like instruments that can attach to the head of a child. A vacuum extractor is designed to suction a child from the birth canal.
It is necessary that a doctor does not use excessive force when using birth-assisting instruments. Using too much force with forceps or a vacuum extractor can cause a serious head injury that can result in a child developing cerebral palsy.
It is a doctor’s obligation to test a mother for infections or other illnesses that could affect an unborn child. Failure to check for and treat a mother’s infection could result in the infection passing to a child. Some infections may cause a child to develop cerebral palsy. As a result, a doctor could be held liable for medical malpractice.
Brain damage is another common factor that can result in a child developing from cerebral palsy. A child can suffer brain damage under a number of circumstances. For example, if a doctor used too much force when pulling a child from the womb, this could cause cerebral palsy due to brain damage.
Cephalopelvic disproportion is also another medical condition that can cause a child to experience brain damage. This condition occurs when the bones of the pelvis are too small to a child through the birth canal. Alternatively, it may happen because an infant is larger than normal. That is why it is important for a doctor to determine when a mother may need a cesarean section to avoid an injury to her child.
There are other circumstances not discussed above that could result in an infant developing cerebral palsy. To learn more about who can be held liable for medical malpractice, you should continue reading and speak with an experienced Baltimore medical malpractice attorney.
Liability for Cerebral Palsy Caused by Medical Malpractice in Baltimore, MD
If your child was a victim of medical malpractice that caused cerebral palsy injuries in Baltimore, there may be multiple parties that are liable for their injuries. As you might expect, the doctor that caused the injury could be held responsible for their negligent actions. However, a doctor’s employer may also be held liable under certain circumstances.
An employer could be held liable for the actions of an employee through the doctrine of respondeat superior. The doctrine of respondeat superior states that an employee is an agent of an employer, which allows the actions of an employee to be imputed to an employer. For example, if a doctor caused a child to develop cerebral palsy while acting as an employee of a hospital, the hospital could be held liable for the doctor’s actions. This is referred to as vicarious liability.
Some hospitals may try to defeat vicarious liability by employing doctors as independent contractors. When a doctor is employed as an independent contractor, a hospital can allege that they were not in charge of the doctor’s day-to-day actions. As a result, a hospital could be free from liability.
If you are concerned about who can be held liable in your potential medical malpractice claim, you should contact our firm today.
Work with Our Experienced Baltimore Cerebral Palsy Injury Attorney
If your newborn developed cerebral palsy due to the negligent actions of a doctor, contact an experienced Baltimore birth injury attorney for cerebral palsy. Personal injury attorney Randolph Rice has fought for victims of medical malpractice for over 20 years, and he is here to fight for you. To schedule a free legal consultation to discuss your potential lawsuit, contact the Law Offices of Randolph Rice at (410) 694-7291. You may also contact the firm by using our online submission form.