Establishing negligence in a Chattanooga cerebral palsy case is something that you may not have the time or energy for. With your newborn’s needs ever-growing, working with an attorney who could gather evidence, review witnesses, and hold negligent medical professionals accountable. Reach out to a lawyer to start your case today.
Potential Defenses Victims May Encounter in a Cerebral Palsy Case
There are many potential defenses in a cerebral palsy case. One defense is that the doctor did not make a mistake. If an injury happened, it was a natural risk that could not have been avoided. Another common defense against negligence in Chattanooga cerebral palsy cases is that the child had cerebral palsy as a result of malformation during gestation and not because of an injury during birth. Doctors and defense attorneys sometimes argue there was trauma before birth that the doctor had nothing to do with what caused the brain injury.
The way to argue against these defenses is to establish negligence in these Chattanooga cerebral palsy cases, determine the exact cause, and uncover the evidence that clearly shows there was an injury to the brain and the injury most likely caused the cerebral palsy.
Evidence Used in Chattanooga Cerebral Palsy Cases
The evidence used when establishing negligence in Chattanooga cerebral palsy cases is varied, almost inexhaustible, and is similar to other medical malpractice cases. The starting point for new parents and attorneys is the medical records and the evidence that is created while a woman is in a hospital or is going through the delivery process.
An investigation includes information about the pregnancy before the delivery, indications of trauma during pregnancy, and what happened after the delivery. The attorney then interviews expert witnesses, establishes the standard of care, and identifies any mistakes that might have been made during the birth process in the particular case.
Proving Medical Professionals Knew of the Injury and Ignored It
To prove that a doctor knew something or should have known something, the lawyer determines whether there are indications in the ultrasounds or diagnostic testing done in the pre-delivery process and during the pregnancy process. Specific indicators show that cerebral palsy may be a greater risk and there are things doctors are able to do to alleviate some of those risks.
If a lawyer is able to identify those indicators were present and the doctor did not take steps to mitigate the risks, that is one way to prove a doctor knew or should have known of the cerebral palsy risk and that the doctor ignored the signs or did not react to the signs that they should have seen.
Could Perscription Drugs Impact a Case?
When a mother uses drugs that could cause cerebral palsy and is not told to stop using them, that could be grounds for a case. The mother has an obligation to advise her doctors of the medications she takes and to make sure that all the medicines she takes are safe during pregnancy. The doctor has a responsibility to know the medications the mother is taking. If one of the medications might cause cerebral palsy, there could be a case if the doctor knew the mother was taking the medicine did not tell her of the risk.
Let One of Our Attorneys Help
Your child should not have to endure a life of injury when his or her life is so young. When medical professionals do not take the necessary steps to see that your child was cared for properly, mistakes and injuries ensue. If your child was diagnosed with cerebral palsy and you wish to hold a doctor or other medical professional accountable, you need to prove that the medical professional was responsible. Establishing negligence in a Chattanooga cerebral palsy case is not easy. Work with one of our attorneys today.
