Parents often look forward to their children learning to walk, learning to speak their first word, and many other developmental milestones. Unfortunately, if a parent is unaware that their child has developed cerebral palsy, they may not understand why their child is missing important developmental milestones. If you believe your child was a victim of medical malpractice that caused them to miss developmental milestones, you should consult with an experienced Miami attorney for children that skip developmental milestones.
Prosper Shaked Accident Injury Attorneys PA is here to provide you with the aggressive legal representation you deserve to hold a negligent doctor accountable for their actions. To schedule a free legal consultation to discuss your claim, contact the Law Offices of Prosper Shaked at (305) 694-2676. You can also contact the Miami law firm online.
Skipped Developmental Milestones Caused by Cerebral Palsy
When a child has developed cerebral palsy, there is an increased risk that they will skip important developmental milestones. Cerebral palsy is a neurological disorder that can impact a child in various ways. For example, a child that has developed cerebral palsy could have trouble controlling certain groups of muscles.
As mentioned, there are a number of developmental milestones that a child could skip over due to cerebral palsy. For example, an infant can have great difficulty when attempting to crawl. Other vital developmental milestones that can be affected by cerebral palsy includes:
- Sitting up without failing
- Potty training
- Learning to walk
- Rolling over
Cerebral palsy can be caused by a number of circumstances. In many cases, the development of cerebral palsy is due to the negligence of a medical practitioner. For example, if a doctor allows a delivery to continue while knowing that the unborn child’s umbilical cord could asphyxiate them in the birth canal, the doctor could be liable for medical malpractice. Other scenarios where the negligent actions of a doctor could lead to a child developing cerebral palsy include:
- Failing to diagnose a mother with an infection that could spread to the child and cause cerebral palsy
- Using birth-assisting instruments with excessive force that could injure the head and brain of the newborn
- Causing the newborn to suffer a head injury because medical practitioners failed to handle the child properly
There is some evidence to suggest that cerebral palsy can also affect a child’s growth. For example, if a child has difficulty eating due to cerebral palsy affecting their facial muscles, this could impact a child’s growth.
To learn more about holding a doctor or hospital liable for your child’s injuries, contact an experienced Miami birth injury lawyer.
Doctor Liability for Cerebral Palsy Birth Injury in Miami, FL
If a doctor’s poor actions caused your child to develop cerebral palsy, they should be held accountable for their actions. Doctors are held to a certain standard of medical care that relates to the field in which they practice.
While doctors are required to uphold an adequate level of medical care for their patients, this does not mean that a doctor can face a lawsuit for malpractice for minor occurrences. For example, a plaintiff cannot sue a doctor because they had a successful procedure or surgery that caused them pain.
Before a claimant can allege that a doctor caused their injury, they must first show that they possessed a doctor-patient relationship with a doctor. A doctor-patient relationship is not created when a doctor simply provides a person with casual medical advice. Instead, a patient must show they received treatment from a doctor or provide some other form of proof like a hospital bill. If a negligent doctor was in charge of your pregnancy, this should not be hard to prove.
After showing that a doctor-patient relationship existed, a claimant must then show how a doctor was negligent. Specifically, the claimant must prove:
- A doctor owed them a duty of care
- The doctor breached that duty of care
- The breach was the cause of the plaintiff’s injuries
- The plaintiff suffered an injury that is compensable by a court of law
It is important to note that the hospital that employs the doctor could also be held liable for the actions of the doctor through the doctrine of “respondeat superior.” Under this doctrine, negligent acts by an employee can be imputed to an employer via vicarious liability. However, the negligent act in question must have occurred within the scope of the employee’s job. For example, casual medical advice given by a doctor at a social event may not be used to trigger vicarious liability.
Additionally, a hospital may try to avoid liability for a doctor’s negligent acts by alleging that a doctor was employed as an independent contractor. This means that while a doctor was employed by a hospital to perform a job, the hospital did not have complete control over the actions of the doctor. As a result, the hospital may contend that a negligent act by a doctor cannot qualify as a negligent act performed by the hospital.
It is uncommon that nurses and other similar health professionals would be hired as independent contractors. This means that negligent actions committed by these parties can be imputed to the hospital they work for.
Our Experienced Miami Lawyer for Skipping Child Developmental Milestones is Here to Work with You
If your child developed cerebral palsy due to medical malpractice, contact an experienced Miami birth injury lawyer today. Medical malpractice lawyer Prosper Shaked understands how a serious birth injury can impact the life of a child, and he is here to fight for you and your child. To schedule a free legal consultation, contact the Law Offices of Prosper Shaked at (305) 694-2676.