Birth Injuries Attorney San Jose
One of the most serious of health problems that can be caused by a birth injury in San Jose and medical malpractice during childbirth is cerebral palsy. Caused by a lack of oxygen to the infant’s brain during childbirth, cerebral palsy has an impact on the affected infant and their families for life.
American College of Obstetricians and Gynecologists (ACOG) and the American Academy of Pediatrics (AAP) released a report in 2003 which stated cerebral palsy resulted from events occurring before birth which can disrupt the normal development of the brain in about 70% of cases. Lack of oxygen reaching the fetus during labor and delivery contributed to a small amount of cases of cerebral palsy.
Cerebral palsy is not usually diagnosed until a child is about 2 or 3 years of age, and about 2 to 3 children in 1,000 over the age of 3, have cerebral palsy. In the United States, approximately 500,000 children and adults of all ages have cerebral palsy.
According to cerebralpalsy.org, the cause of cerebral palsy is brain injury or brain malformation that occurs while the brain is developing – before, during, or even after birth. The majority of children who have cerebral palsy, have done so since birth. Quite often it is due to lack of oxygen to the brain or body. Premature delivery, birth trauma, and even medical mistakes during labor or child birth can be the cause. Not every case of cerebral palsy is due to medical malpractice.
If medical malpractice can be attributed to a birth injury in San Jose such as cerebral palsy, then one or more of the following would need to apply:
- Failure to detect a prolapsed umbilical cord
- Failure to detect and/or treat an infection in the mother during pregnancy
- Failure to plan or schedule a cesarean section when required
- Failure to appropriately monitor fetal heart rate before and during labor and birth
- Failure to perform a medically necessary cesarean section
- Negligence when using instruments such as forceps and vacuum during a delivery
A birth injury in San Jose that could result in a medical malpractice lawsuit can be an extremely complex process. A case such as this requires an attorney or law firm who specializes in this particular field, and has the necessary experience to achieve a positive result.