Did the Obstetrician Cause My Baby to Have Cerebral Palsy?
Expecting her first child any day, a 34-year-old “mom-to-be” in Washington D.C. was prepared for every element of the birth. The day before her due date, she contacted her obstetrician to ask whether she should be admitted into the hospital to be induced since she had been experiencing severe bleeding and cramping over the last six hours. The obstetrician returned her call 10 hours later and said to wait until her water broke.
After calling every day after the initial call for three weeks and receiving the same instructions, she decided to go to the emergency room. At the hospital, she was informed labor would be induced since she was a month late and the baby was of significant size. However, her obstetrician arrived and proceeded with a natural delivery. Because the baby was too large to safely pass through the birth canal, the baby suffered from asphyxia and was subsequently diagnosed with cerebral palsy.
Ascertaining the presence of malpractice
Cerebral palsy affects muscle coordination, reflex, posture and balance, and motor skills. Six to eight percent of cerebral palsy diagnoses are due to asphyxia. Had a cesarean section procedure been planned and scheduled by the treating obstetrician, the baby most likely would not have been diagnosed with cerebral palsy.
Evaluating the elements of negligence
In an action for negligence, the plaintiff possesses the burden of proving, by preponderance of the evidence:
- Defendant breached the duty to conform to standard care
- Breach caused the harm suffered by the plaintiff
- Plaintiff suffered legally compensable harm
Acquire help from skilled District of Columbia medical malpractice lawyers
To fully assess one’s prospective medical malpractice case, one should seek guidance from a Washington D.C. medical malpractice firm. Highly-talented attorneys at Jack H. Olender & Associates, PC are passionate about pursuing justice for clients and recovering compensation for clients’ injuries. Lawyers assist clients in the District of Columbia.