What Is Cerebral Palsy and Can It Be Caused by Medical Negligence?
Cerebral palsy is a group of neurological disorders that affects movement, muscle tone, and coordination. While some cases develop because of genetic conditions or unavoidable complications, others may result from preventable mistakes made by healthcare providers during the delivery process. If your child’s condition may have been caused by negligent medical care, the Greenville medical malpractice lawyers at Parham, Smith, & Archenhold, LLC can help determine whether you have grounds for a medical malpractice claim.
How Medical Negligence Can Lead to Cerebral Palsy
A lack of oxygen to the brain during labor or delivery is one of the most common preventable causes of cerebral palsy. Healthcare providers are responsible for recognizing signs of fetal distress and responding appropriately to protect both the mother and baby. When warning signs are ignored, or treatment is delayed, a child may suffer permanent brain damage. Some examples of negligent medical care that may contribute to cerebral palsy include:
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Failing to monitor fetal heart rate or recognize signs of fetal distress
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Delaying a medically necessary cesarean section
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Improper use of forceps or vacuum extraction during delivery
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Failing to diagnose or treat maternal or newborn infections
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Mismanaging complications involving the umbilical cord or placenta
Not every diagnosis of cerebral palsy is the result of medical negligence. However, when a preventable medical error causes a child’s injury, families may have the right to pursue compensation for the resulting losses.
How Long Do You Have to File a Medical Malpractice Claim in South Carolina?
South Carolina law places strict deadlines on filing medical malpractice claims, making it important to act as soon as you suspect medical negligence may have caused your child’s cerebral palsy. Missing the applicable deadline can prevent your family from recovering compensation.
Outlined in South Carolina Code § 15-3-545, the statute of limitations in many cases is three years from the date the injury was discovered or reasonably should have been discovered. However, exceptions may apply in cases involving minors or injuries that are not immediately apparent.
Compensation Available in a Cerebral Palsy Medical Malpractice Claim
A child diagnosed with cerebral palsy often requires ongoing care throughout life. These expenses can place a significant financial burden on families. Depending on the circumstances of your case, compensation may be available for:
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Past and future medical expenses
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Physical, occupational, and speech therapy
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Assistive devices and home modifications
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Lost earning capacity and future care costs
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Pain and suffering and other non-economic damages
To understand the full extent of your claim, it’s vital to work with our lawyers at Parham, Smith, & Archenhold, LLC. We have years of experience assisting clients in pursuing justice after suffering harm from another party’s actions.
Don’t Hesitate to Contact Our Medical Malpractice Lawyers in Greenville
Our team understands the lifelong impact these injuries can have on children and their families, and we are committed to holding negligent healthcare providers accountable. Contact our office today online or by calling 864-242-9008 to schedule a free consultation with one of our Greenville medical malpractice attorneys. We are ready to listen to your story and help you pursue the compensation your family deserves.