Cerebral palsy is a neurological condition that affects a person’s ability to move, maintain balance and posture, and build muscle tone. This condition usually develops due to brain damage during pregnancy, birth, or the first few years of a child’s life.
Medical malpractice often contributes to cerebral palsy in infants, from a failure to monitor a baby’s oxygen levels during delivery to ignoring a necessary Cesarean section. If your child developed cerebral palsy due to medical negligence, Fowler Pickert Eisenmenger Norfleet can help you seek justice.
Why Choose Us
- Our Kansas City cerebral palsy attorneys have over 25 years of combined experience handling multiple types of personal injury and wrongful death claims, including medical malpractice.
- Prior to forming our firm, our lawyers defended hospitals, long-term care facilities, and other healthcare providers in malpractice claims. We can translate this experience into your claim.
- We only take on a limited number of claims at a time, ensuring your case receives the attention and legal dedication it deserves.
How Does Medical Malpractice Cause Cerebral Palsy?
Cerebral palsy often occurs due to damage to the brain during labor and delivery, either through oxygen deprivation or physical trauma. Many acts of medical negligence can lead to cerebral palsy complications, including the following.
- Delaying a necessary C-section
- Using forceps or a vacuum to aid in delivery
- Failure to recognize or respond to signs of fetal distress
- Inability to manage childbirth complications
- Prolonged labor
Many cerebral palsy cases involve oxygen deprivation due to monitoring failures. Cerebral palsy may develop when a medical professional fails to monitor the infant’s heart rate for signs of distress, or notices the signs of distress and fails to respond, leading to irreversible brain damage.
How Do You Prove a Missouri Medical Malpractice Claim?
Medical malpractice lawsuits rely on the theory of negligence, or the legal concept that the at-fault in your claim failed to uphold his or her duty of care and this breach of care caused your child’s cerebral palsy. Medical professionals must follow certain standards of care while treating patients, and you must prove the following four elements to establish your right to damages.
- Duty of care: The at-fault party must owe you and your child a duty of care at the time of the malpractice. If you received treatment in a medical facility, such as a hospital or clinic, you can establish duty of care.
- Breach of duty: The at-fault party breached his or her duty of care through a negligent act or omission. You will have to prove that a similarly trained and reasonable professional in the same circumstances would not have committed the same mistake.
- Causation: The negligent actions of the at-fault party directly caused your child’s cerebral palsy. Fowler Pickert Eisenmenger Norfleet can supply medical experts and scientific evidence to prove this element.
- Damages: Your child suffered economic and non-economic damages due to his or her cerebral palsy and the negligence of the at-fault party, and you can claim compensation for these damages in your lawsuit.
Proving a case of medical malpractice can be difficult without the resources and power of an attorney. Fowler Pickert Eisenmenger Norfleet partners with medical experts and utilizes tested strategies to build a compelling case for your compensation, establishing the negligence of the at-fault parties in and out of the courtroom.
Have You or a Loved One Been Injured Due to Medical Malpractice in Kansas City, Missouri?
If you believe you or a loved one has been harmed due to medical practice you should speak with an experienced medical malpractice lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri, and the surrounding area and look forward to speaking with you.