It is entirely possible that cerebral palsy or a brain injury which is present in a baby from the time of his or her birth is a consequence of medical malpractice or negligence in the process of delivery. Understanding the causes of a brain injury or cerebral palsy resulting from delivery requires a brief lesson regarding the biology and functioning of the brain of a fetus.
The unborn baby (fetus) receives oxygenated blood through the placenta, or the “cord” which connects the baby to the mother’s uterus. Any interruption of or decrease in the oxygen supplied to the baby through the placenta can cause damage to any of the baby’s organs, including the baby’s brain.
There are multiple causes for decreased delivery of oxygenated blood to the baby through the placenta during the birthing process, many of which can be avoided or minimized by appropriate medical care. For example, the placenta can become compressed, requiring a Caesarean section to quickly remove the baby from the womb. Another cause of decreased oxygen to the baby is the excessive use of Pitocin, a drug that stimulates contractions, which can lead to decreased delivery of oxygen to the baby. These are but two of the many reasons that a baby may suffer from anoxia or hypoxia, which are the medical terms for oxygen deprivation in the brain. Again, often brain injury to a baby can be prevented by quick action by the delivering physicians.
The processing and litigation of a case involving cerebral palsy or anoxic or hypoxic brain injury of a baby is complicated and expensive. At Feldstein Grinberg Lang & McKee, P.C., our attorneys have experience with these types of cases, and have successfully obtained multi-million dollar resolutions of these claims via verdict and settlement. As with all personal injury and medical malpractice cases, at Feldstein Grinberg Lang & McKee our fee is a percentage of any recovery, and you will pay no fee if we are unsuccessful. We also advance all costs, meaning that we pay for all medical experts, and are only repaid if we are successful in obtaining money for you and your child.