Memphis Cerebral Palsy Attorneys Explain the Causes and Important Law You Need to Know to Protect Your Child’s Rights

All medical malpractice cases are complicated.  A birth injury case, particularly a cerebral palsy injury, is also extremely complicated and requires an experienced Memphis birth injury attorney to parse through the law and medicine to protect your child’s rights.

Birth injury cases are also emotional ones as well.  There is no greater joy for a family than to welcome a new member.  The entire process, from pregnancy to labor, can be a stressful tribulation.  When negligent medical providers make this already difficult process even harder, families can be crushed with physical, emotional, and even financial burdens they are not able to withstand.

Here at Bailey & Greer, our experienced and compassionate attorneys will lift this burden off or your shoulders and onto ours.  We will ensure we uncover the root cause of your newborn’s birth injury and protect his or her rights.

For a cerebral palsy case, there can be many different causes of the injury.  These common causes include the following:

• Improper use of the forceps during delivery;
• Improper use of the vacuum during delivery;
• Lack of oxygen in labor;
• Lack of oxygen in delivery;
• Failing to monitor fetal distress sensors;
• Failing to perform a timely C-section;
• Failing to correctly perform pre-delivery diagnostic checks such as sonograms;
• Misdiagnosing a medical condition that makes a vaginal delivery either dangerous or too risky;
• Failing to inform the mother of the risks, benefits, or alternatives to a vaginal delivery;
• Eclampsia and preeclampsia;
• Improperly monitoring the mother for low blood sugar; and
• Improperly guarding against umbilical cord compression.

There are only some of, and not all of the causes of cerebral palsy birth injuries.  As practicing Memphis birth injury attorneys, we have handled cases involving these causes—usually more than one at a time as well.

Each of these causes, if proven, is evidence of negligence and generally against the accepted standard of care a medical provider is expected to follow.  But that is not determined by just us, the attorneys.  We will review your case and meet with medical experts in the same field as the defendant-doctor to determine if the medical expert would have acted differently, or if other medical providers would have acted differently as well.

Sometimes, the unfortunate truth is that there was a medical emergency and the medical provider’s options were few.  However, the majority of these emergencies can be and should have been prevented.  Our medical expert will also review if this was a preventable accident that just simply should not have happened.

But the law requires you commence your medical malpractice action very quickly under the statute of limitations, a topic we discussed a few weeks ago.  For a Memphis birth injury case, such as a cerebral palsy case, you only have three years to commence the claim by filing a notice of intent to sue with the defendant doctor.  This requires you to act quickly and contact an efficient attorney immediately or your child’s claim will forever be lost.

At Bailey and Greer, PLLC our Memphis birth injury lawyers understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.