Posted by: Neil Hillyard
June 20, 2007
Topic: Birth Injury-Cerebral Palsy

The medical literature indicates that more than 90% of infants with cerebral palsy hypoxic ischemic brain damage, and without major congenital defects, had evidence that they suffered the problem as a result of insult to the brain surrounding the birth process. Every parent who has a child who suffers from cerebral palsy or seizures is justified in investigating whether or not their child's problem could have been prevented. The cost associated with caring for and raising a child with cerebral palsy is usually very high. If the child's injury is the result of medical malpractice at or around the time of birth, financial assistance should be forthcoming from the doctor's, hospital's, or midwife's insurance company.

It is often difficult to determine if there was malpractice by a physician, nurse, or nurse midwife surrounding the birth based just upon the medical record. The doctor, nurse, or midwife does not put incriminating information in the record. Additionally, when a child is born with hypoxic ischemic cerebral palsy brain injury there is usually a concerted effort among the nurses and doctors to immediately "get their story straight" to assert a defense to any claim later.

There are sources available which are independent from the portion of the medical record prepared by the nurses and doctors which can provide important information regarding whether or not the brain injury was birth related. These include the fetal heart monitor strips, the blood laboratory results, and radiological studies of the baby's brain. These sources cannot be altered and are reliable.

The fetal heart monitor strips can provide information regarding whether or not the baby, while in the mother, suffered asphyxia. These strips can show patterns characteristic of certain events taking place involving the baby in utero. The strips can give an indication of what caused the cerebral palsy hypoxic ischemic brain injury and can also provide evidence of negligence or malpractice by the doctor, nurse, or midwife.

The results of the blood laboratory tests taken after birth also provide information regarding the degree and length of time asphyxia was present. The standard defense by doctors, nurses, or midwives to a claim of medical malpractice causing birth injury is that the injury occurred for some other reason long before the birth during the pregnancy. Often these blood gas results can provide important information regarding this.

An MRI radiological study of the brain of the baby shortly after birth may provide information regarding the cause of the brain injury. Sometimes it is fairly obvious that a traumatic insult to the brain occurred at or near the birth and sometimes it is not clear. It is a piece of information which requires investigation.

See the section in www.hwkslaw.com for more information regarding cerebral palsy hypoxic ischemic brain injury resulting from birth.

Birth Injury-Cerebral Palsy

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