Cerebral palsy (CP) is one of the most common childhood motor disabilities, affecting movement, muscle tone, and posture. While not every case of cerebral palsy is preventable, some are the result of mistakes during pregnancy, labor, or delivery. When negligence plays a role, families in Alabama may have the right to pursue a medical malpractice claim.
At Hare Wynn, our birth injury attorneys have represented families whose lives were forever changed by preventable injuries at birth. Understanding the link between cerebral palsy and medical malpractice is an important step in knowing your options if you suspect your child’s condition was caused by a medical error.
What Is Cerebral Palsy?
Cerebral palsy refers to a group of disorders that affect a person’s ability to move and maintain balance. It is caused by damage to the developing brain, often before, during, or shortly after birth.
Common symptoms include:
- Muscle stiffness or looseness.
- Difficulty walking or with coordination.
- Delays in speech or motor development.
- Seizures or other neurological issues.
The condition can range from mild to severe, with some children requiring lifelong care and assistance.
How Medical Negligence Can Lead to Cerebral Palsy
Although cerebral palsy often arises from natural or unpreventable causes, there are circumstances where medical errors during labor or delivery play a role. These include:
- Inadequate monitoring during labor. Missing or misinterpreting signs of fetal distress can lead to reduced oxygen supply, which may cause lasting brain injury.
- Delays in performing a cesarean section. When complications arise and a C-section isn’t done quickly enough, babies may suffer preventable harm.
- Misuse of birth-assist devices. Tools like forceps or vacuums, if handled improperly, they may cause trauma to the infant’s head or brain.
- Failure to treat maternal infections. Conditions such as meningitis or untreated Group B strep can pass to the baby, leading to serious neurological problems.
- Medication mistakes. Administering the wrong drug or dosage to the mother or child during labor can cause oxygen deprivation or other life-threatening complications.
When these mistakes occur and the standard of care is not met, families may have grounds for a malpractice claim under Alabama medical malpractice laws.
Legal Requirements for a Malpractice Claim in Alabama
To pursue a birth injury lawsuit in Alabama, families must generally prove four elements:
- A healthcare provider owed a duty of care.
- That duty was breached when care fell below professional standards.
- The breach directly caused the injury.
- The injury resulted in measurable damage.
These cases often require expert testimony to explain how proper care could have prevented the injury. The Alabama Medical Liability Act sets guidelines for these claims, which makes experienced legal representation critical.
Statute of Limitations for Birth Injury Cases
Alabama law sets deadlines for filing medical malpractice claims. Most must be filed within two years of the negligent act. In cases involving children, families may have more time, but the rules are specific and limited. Missing these deadlines can permanently bar a case, which is why it’s important to consult with an attorney as soon as malpractice is suspected.
The Impact of Cerebral Palsy on Families
Caring for a child with CP often requires lifelong medical care, therapy, and assistive devices. The financial burden can be overwhelming, including:
- Ongoing medical expenses.
- Physical, occupational, and speech therapy.
- Modifications to housing or vehicles.
- Lost income if a parent must leave work to provide care.
Legal action cannot undo the injury, but it can provide the resources families need to give their child the best quality of life possible.
Talk to an Alabama Birth Injury Attorney
If your child has been diagnosed with cerebral palsy and you believe negligence during labor or delivery played a role, you may have legal options. The birth injury attorneys at Hare Wynn have more than 135 years of experience standing up for Alabama families.
If your family has been affected by a preventable birth injury, we’re here to listen and guide you through the process. Reach out to learn how our team can help you seek accountability and move forward with strength.
