You may have been told that your childโs cerebral palsy was unavoidable. Most of the time, the doctors are right because so many cases are simply unavoidable and involve no negligence. However, some cases trace back to something that happened during labor, delivery, or the first hours afterward. You are allowed to ask which one applies to your family, and the answer decides whether you have a claim at all. Here is what you should know to proceed.
Why the Type of Cerebral Palsy Matters
Your first task should be to find out which type of cerebral palsy your child has. Doctors classify the condition by the movement problem involved, and the CD groups it into:
- Spastic
- Dyskinetic
- Ataxic
- Mixed forms
Out of all types of cerebral palsy, spastic CP accounts for roughly eight in ten diagnoses. The type of claim matters because it helps identify the cause. For instance, spastic quadriplegia and dyskinetic CP are often linked to oxygen loss around the time of birth, which puts fetal monitoring and delivery decisions at the center of a case. However, ataxic CP more often traces to causes unrelated to delivery.
Whether the delivery caused the injury is both a medical and a legal question. You need a doctor to handle the medical side and an attorney to handle the legal complexities. Most families end up chasing the two separately.
Thatโs when using an online platform built for birth injury families keeps them connected. A good one explains the diagnosis in plain language, arranges a second opinion from a specialist, and connects you with attorneys who handle these cases. If you know you have a valid claim, you should do the following:
Collect the Complete Medical Record
Your case rests on what the staff saw during labor and how quickly they acted. You can find that sequence on the written file, not on a discharge summary. Therefore, you must request various documents, including:
- The motherโs prenatal records
- The labor and delivery notes
- The fetal heart monitoring strips
- The cord blood gas results
- Any newborn brain imaging
Hospitals hold these under federal rules, and you can request copies in writing at any time. The monitoring strips carry the most weight and are most often missing from a first release. You should check what arrives against your own memory of the birth and name anything absent in a follow-up request.
Get an Independent Medical Review
Your records prove nothing until a doctor interprets them. A claim requires two separate findings, and only a qualified reviewer with no ties to the hospital can provide them. They confirm:
- A departure from accepted medical standards during care
- A direct link between the failure and your childโs injury
You will need to contact neonatologists, obstetricians, and pediatric neurologists to conduct these reviews. Many states also require a signed opinion from experts like these before you can file a claim.
File Before Your Deadline Passes
Your right to file a medical malpractice claim eventually expires, and no strength of evidence can extend it. Every state sets its own limit, and the rules vary as well based on:
- The number of years allowed after the injury
- Extra time granted for injuries to children
- A final cutoff that applies whatever the circumstances
You have to react quickly, especially considering that records degrade and staff move on during any wait. You should confirm the rule in the state where the birth took place before you spend time on anything else.
Endnote
It is true that you donโt have to be absolutely certain that you have a case before you begin. However, you have to connect with a legal representative and do your research to know where you stand.
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