Cerebral palsy remains a significant health problem in the United States. Despite advances in medical care, the numbers of people affected by cerebral palsy continue to increase, as more premature infants are surviving birth. Recent estimates show that about 2-3 children per 1000 have cerebral palsy, which affects males and females in all ethnic and socioeconomic groups.
There are several different types of cerebral palsy, including spastic, dyskinetic, ataxic, hypotonic, and mixed. In each case, cerebral palsy is a catastrophic, long term injury to a child’s brain that involves a group of disorders that impairs brain and nervous system functions such as movement, learning, hearing, seeing, and thinking. Most cases of cerebral palsy occur as a result of the circumstances of factors around the pre-birth, birth and post-birth stages.
Birth injury cases are probably the largest category of medical malpractice cases involving cerebral palsy. The Law Offices of Dr. Bruce G. Fagel& Associates has handled many birth injury cases, including cerebral palsy, which occurred as a result of medical malpractice.
The cost of medical care can run well into the millions of dollars to provide a life time of care for a child, including a full time caregiver, therapy, medicine, doctors visits, and operations. The majority of medical malpractice cases involving cerebral palsy usually involve large monetary settlements, according to experts, due to the very large costs for subsequent care. Some estimates show that U.S. medical care services have risen 700 percent since 1980.
Dr. Bruce Fagel, one of the leading medical malpractice attorneys in the United States, remarks that it is crucial for doctors to spot the signs that could be classified as cerebral palsy.
In many cases, evidence in the medical records, including the fetal monitor strip, will show significant problems during labor that should have led to an earlier delivery that would have prevented the outcome of cerebral palsy, says Dr. Fagel, who in addition to being a medical malpractice lawyer is also a licensed medical doctor, and worked for over 10 years as an emergency room physician.
Dr. Fagel asserts the bulk of any money that is received in a settlement or jury verdict goes directly to the costs of caring for children who have lifelong injuries. Until hospitals adequately resolve the procedural issues involved with handling birth injury cases, these kinds of hospital malpractice lawsuits will continue to grow. And while the number of cases today is still somewhat low, it only takes one case to devastate a childs life. And thats a risk any expected family will face.