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Can I file a lawsuit if my baby was born with cerebral palsy?

While it’s estimated that doctors are not responsible for 90 percent of cerebral palsy cases, doctor errors do cause 10 percent of them – or 1 in every 10 children. It’s possible that the doctor caused a brain injury during labor or delivery, and that this injury led to cerebral palsy.

A long labor or lack of oxygen during labor can paralyze the brain, causing cerebral palsy. The longer amount of time the injury occurred, the more serious the injury. A lack of oxygen for one minute is much more severe than 10 seconds without sufficient oxygen.

Doctors should be able to plan for these types of events. That’s why pregnant women seek prenatal care. Doctors have the ability to determine the size of a baby while it’s in the womb and determine if the mother will be able to give birth naturally without issues.

In addition, if the baby does unexpectedly experience distress during labor and delivery, medical staff should be monitoring the baby at all times and be ready to step in at a moment’s notice. Every second that the baby is in distress means a higher risk of experiencing cerebral palsy or other issues.

If you believe your doctor caused your baby’s cerebral palsy, contact a medical malpractice lawyer to determine your rights to compensation.

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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