Is cerebral palsy always caused by medical negligence?
No, cerebral palsy is not always caused by medical negligence. This neurological condition is caused by a variety of factors, including premature birth, infections, lack of oxygen to the brain, genetic disorders, complications during delivery, or brain damage in the womb or during infancy. In some cases, medical negligence can lead to a birth injury, leading to cerebral palsy, but not always. In Florida, medical malpractice laws state that a medical professional must have been reckless or negligent during the care of a patient, leading to an injury or death. Parents must prove that the doctor or medical staff did not provide appropriate care and that negligence was the direct cause of their child’s cerebral palsy. However, birth injuries can also arise due to factors out of the control of medical professionals, such as infections, premature birth, or genetic disorders. When cerebral palsy is caused by conditions like these, then it is not considered medical malpractice. Placing blame on a doctor or medical staff is not an easy task, and parents of children with cerebral palsy should seek out legal advice if they suspect medical negligence. If negligence is the cause of cerebral palsy, a lawsuit may be able to provide compensation for the child’s medical expenses, pain and suffering, and emotional distress.
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