Oklahoma Cerebral & Erbs Palsy Litigation
Cerebral palsy, abbreviated as CP, is an injury to the brain. The injury is usually because of a lack of oxygen to the brain for an amount of time, usually caused by constricted blood flow from the mother to the baby.
About two to three babies in every 1000 have cerebral palsy (March of Dimes) and about the same number have a brachial plexus injury or Erb’s palsy (United Brachial Plexus Network).
Cerebral palsy as a result of negligence ends up becoming a rather dramatic and drastic type of a negligent act.
In 2003 dollars, the average lifetime cost of cerebral palsy is an estimated $921,000. This does not include hospital visits, emergency room visits, residential care, and other out of pocket expenses (National Institute of Neurological Disorders and Strokes NINDS).
A good birth injury lawyer in Oklahoma such as Douglas A. Swim can help parents get the support they need for their childs’ birth injuries, including:
- Cerebral palsy
- Erb’s palsy
- Ataxic cerebral palsy
- Athetoid cerebral palsy
- Botox cerebral palsy
- Spastic cerebral palsy
- Brachial plexus palsy
Erb's palsy is an injury from a physical act which the healthcare provider performed during the birth. Usually an injury to the upper left arm or the upper right arm, it is almost always the result of excessive pulling or tugging of the baby during the birth.
The result of the injury is that the nerves connecting the neck to the arm are stretched or torn, causing the arm to be partially or fully disabled and the arm to droop. Nerves can regenerate, but they generally do not, and if they do, they generally do not regenerate to what they were previously.
An Oklahoma Erb’s palsy lawsuit will focus on what should have been done, such as a c-section, instead of the pulling or tugging which caused the injury.
Possible Signs of a Medical Mistake
While these things don’t prove by themselves that a medical mistake has happened during the birth, they are important indicators that something may have gone wrong and it might be time to seek a consultation with an experienced Oklahoma birth injury lawyer:
- The baby needed CPR after birth.
- There was an emergency delivery with forceps, vacuum extraction, or cesarean section.
- The baby was moved to a different hospital or spent time in the neonatal intensive care unit after birth.
- The baby had a seizure in the first week after birth.
- The baby needed special scans after birth, such as an MRI or brain scan.
- The baby needed oxygen to help with breathing after birth.
- A specialist was called to care for the baby.
There are many medical mistakes which can result in birth injuries such as cerebral palsy.
Birth injuries fall under the general medical malpractice legal category. Under Oklahoma birth injury law, there are caps on non-economic damages with an obstetric physician, but there are no caps on actual damages. For example, if you could prove $10 million in damages for future medical care for your child, that is not capped.
Actual damages might include lost wages, medical expenses, travel, and home renovations for a child with a disability. Other damages are emotional pain and suffering, which could include the child being teased at school, the parent’s sense of loss about the child’s future, the extra time and effort it takes to raise a child with a birth injury.
Contact Oklahoma birth injuries attorney Douglas A. Swim or call 866-687-9034 to learn how a caring and experienced Oklahoma birth injury law firm can help you navigate the legal system and get your child the support he or she needs.