Do I have a Case?

Cerebral palsy is defined as damage to the motor areas of the brain, and may not be diagnosed for months after birth. Cerebral palsy may be acquired after the birth of a child. This results from damage to the brain in the first months, or years of life. The injury may be a brain infection (bacterial meningitis, viral encephalitis) or head injury following an accident.

The medical providers caring for the expectant mother and the fetus are responsible to assure that they provide adequate care during the pregnancy, during labor and delivery, and immediately after the delivery of the infant. Failing to do so can result in the doctors and nurses being held accountable for the outcome of the pregnancy. The problems that may be encountered include:

• Failure to interpret and respond to the changing conditions of the fetus during labor
• Failure to act on changes in the mother's condition during pregnancy
• Failure to order specific tests during pregnancy; and not interpreting these tests correctly
• Failure to perform a cesarean section in the presence of fetal distress
• Failure to deliver the infant when the membranes have been ruptured for more than 24 hours.

• The baby requires resuscitation of oxygen at birth or after birth
• The infant demonstrates poor sucking after birth
• Seizures develop within 24 to 48 hours
• The child is floppy at birth
• The skin is blue or dusky at birth
• The infant needs resuscitation at, or shortly after birth because he/she is not breathing
• A baby who was born full-term, but does not go home at the same time as the mother
• There was no indication of trauma or infection during the pregnancy
• There is no history in the family of brain damage
• The infant has problems maintaining temperature after birth
• The bag of waters was ruptured for over 24 hours
• There is meconium (fecal) staining on the baby at the time of delivery.

• Failed to do a C-Section or do a C-Section sooner
• Failed to diagnose fetal distress (the baby was having problems during labor)
• Did not interpret the fetal monitor strip correctly
• Did not act soon enough when:
  • My bag of water broke
  • I had bleeding
  • My labor did not progress and took too long
  • My blood pressure got to high
• Gave too much Pitocin and injured the baby
• Did not refer me to a doctor specializing in high risk pregnancies
• Did not have a pediatrician present at delivery when they knew there might be problems with my baby.