What is cerebal palsy and how can it be used in a birth injury claim?
Cerebral palsy (CP) is a medical condition that affects a person’s ability to move and maintain balance and posture. It is caused by an injury or abnormality in the developing brain of a fetus or newborn. CP can range from mild to severe and can impact a person’s ability to walk, speak, eat, or think. In Oregon, CP can be used as part of a birth injury claim if certain conditions are met. First, the injured patient must have an official diagnosis of CP and proof that the CP was caused by the medical supplier’s negligence. Second, the injury must have caused the patient significant physical, emotional, or financial harm. In a birth injury claim, medical malpractice lawyers will attempt to prove that the medical supplier failed to provide appropriate care before, during, and/or after the birth and that this failure resulted in the patient’s CP. This may include medical professionals failing to recognize a risk or failing to take appropriate steps in order to reduce a risk. Lawyers may also use medical records or expert testimony to demonstrate that the medical supplier’s negligence caused the CP. If a birth injury claim is successful, a patient may be compensated for their suffering and/or the long-term care and/or support that may be necessary for their CP. However, it is important to note that CP-related claims come with statute of limitations and/or other requirements that must be met in order to file a successful claim.
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