A cerebral palsy (CP) malpractice case may involve many questions about what happened during pregnancy, labor, delivery, and the newborn period. Attorneys may work with medical experts, such as obstetricians, neonatologists, or pediatric neurologists, to evaluate medical records and other clinical findings.
The evidence needs to address two key questions: Did the healthcare provider’s care fall below the applicable standard, and did that departure cause the injury underlying the child’s cerebral palsy?
Why are medical records so important?
Birth injury cases can involve many events during pregnancy, labor, delivery, and the newborn period. Medical records document the mother’s and baby’s conditions, the care provided, clinical decisions, medications, communications, and interventions throughout that period. Together, these records can help show what information was available to the medical team, what care was provided, and how the child’s condition changed.
Relevant records can include
- Prenatal and maternal medical records
- Labor and delivery notes
- Fetal heart monitoring strips
- Medication administration records
- Operative and C-section records
- Anesthesia records
- Newborn resuscitation records
- NICU records
- Laboratory results
- Brain imaging
- Pediatric and neurological records
Attorneys and medical experts may compare records from different stages of care to establish what happened and when. In a cerebral palsy case, that timeline can help evaluate whether the medical evidence supports a connection between events during pregnancy or around birth and the child’s neurological injury.
What can fetal monitoring show?
Fetal monitoring provides a record of the baby’s heart rate during labor and how it changes over time. In cases involving alleged oxygen deprivation, those changes may help medical experts assess how the baby was responding during labor.
Experts may review the fetal heart rate patterns alongside nursing notes, physician notifications, interventions, and the timing of delivery. They may assess whether the tracing indicated a need for intervention, whether appropriate action was taken, and whether any delay was medically significant.
Medical experts may use the fetal monitoring record alongside other clinical evidence when assessing whether the care provided met the applicable standard and whether any departure caused the child’s injury.
Why are cord blood gases important?
Umbilical cord blood testing can provide information about a newborn’s acid-base condition around the time of delivery. The results can be reviewed alongside the baby’s clinical condition, resuscitation records, neurological findings, brain imaging, and other medical records. Taken together, these findings may help establish what was happening around the time of delivery and how different pieces of evidence relate to one another.
What role does brain imaging play?
Brain imaging can help identify the location and nature of a child’s brain injury. Magnetic resonance imaging (MRI) is particularly useful because it can show the location and type of brain damage in greater detail than computed tomography (CT).
Depending on the findings, a pediatric neuroradiologist or other qualified specialist may assess whether the imaging is consistent with hypoxic-ischemic injury, stroke, bleeding, abnormal development, or another cause of the child’s neurological injury.
The findings can also help distinguish among possible causes of brain injury. They are considered alongside the child’s medical history, clinical findings, and other records rather than used alone to establish that malpractice occurred.
Can placental pathology provide evidence?
Placental pathology can sometimes provide information about conditions that may have affected the pregnancy or delivery, including infection, inflammation, impaired blood flow, or placental abruption.
If the placenta was examined, a pathologist may review the findings alongside the mother’s medical records, fetal monitoring, newborn records, and other clinical information. These findings can help identify conditions that may have caused the child’s injury or provide context for other evidence in the case.
Are Apgar scores evidence of malpractice?
Apgar scores can provide information about a newborn’s condition shortly after birth. The score assesses factors such as heart rate, breathing, muscle tone, reflex response, and skin color at one and five minutes after birth, with additional assessments sometimes performed when needed.
Low Apgar scores may be relevant in a cerebral palsy case, but they do not establish that malpractice occurred or identify the cause of a child’s condition. Medical professionals may therefore consider Apgar scores alongside the circumstances of the delivery, resuscitation records, neurological findings, imaging, and other clinical evidence when evaluating the child’s condition.
Why is expert testimony important?
Medical malpractice cases often involve questions that cannot be resolved by reviewing records alone.
Expert testimony is important because qualified medical professionals can explain what care was appropriate under the circumstances, whether the care provided departed from that standard, and whether the departure may have caused the child’s injury.
Different specialists may be involved in evaluating a cerebral palsy case. They may include:
- Obstetricians
- Maternal-fetal medicine specialists
- Neonatologists
- Pediatric neurologists
- Neuroradiologists
- Placental pathologists
- Nursing experts
The specialists involved will depend on the medical issues raised by the case. Their opinions can help attorneys understand the clinical evidence and address the medical questions involved in establishing negligence and causation.
How is causation proven?
Causation connects the alleged medical error to the child’s injury. By itself, evidence that a healthcare provider made a mistake is not enough; the evidence must also support a connection between the alleged error and the injury underlying the cerebral palsy.
For example, evidence of hypoxic-ischemic encephalopathy (HIE) does not automatically establish negligent care. The investigation may need to address why the HIE occurred, when the injury developed, and whether the healthcare providers had a reasonable opportunity to prevent or limit the injury.
What evidence shows damages?
Evidence of negligence and causation addresses whether a malpractice claim can be established. A separate body of evidence may be needed to document the child’s resulting medical needs, limitations, and financial losses.
Depending on the child’s condition and the applicable law, relevant evidence may include:
- Medical and therapy records
- Bills and treatment costs
- Physical and occupational therapy needs
- Speech and communication services
- Assistive technology and mobility equipment
- Home or vehicle accessibility needs
- Nursing or attendant care
- Educational support
- Future medical treatment
- Future earning capacity
For children with significant disabilities, a life care plan may help document anticipated medical care, therapies, equipment, and other long-term needs. The CDC notes that cerebral palsy varies substantially in severity, with some people requiring little assistance and others needing specialized equipment or lifelong care.
Do parents need to collect all this evidence themselves?
Parents can keep copies of medical records and other documents they already have, but they do not need to independently determine which evidence is relevant to a potential malpractice claim.
Our cerebral palsy lawyers can identify the records that may be needed, obtain additional documentation, and work with qualified medical professionals to evaluate the evidence. Parents can also provide information about their child’s medical history, treatment, and day-to-day needs that may not appear fully in the medical records. If your family has questions about the circumstances surrounding your child’s cerebral palsy, contact our team for immediate assistance.
Clients are not responsible for legal fees or expenses unless a financial recovery is obtained.
