Cerebral Palsy Lawsuit Filed in California by Guardian Ad Litem

Perry Larkin | December 4th, 2012

If a hospital or health care provider’s staff such as doctors, aides, nurses, or other workers have been found to have failed to provide a reasonable standard of care and a newborn is injured, the staff may be found to have caused birth injury resulting from medical malpractice.

When this occurs, the parents of an injured child may have grounds for legal action. Many plaintiffs have been awarded millions of dollars in legal settlements as a result of their decision to pursue compensation. This is necessary because children who have suffered from birth injuries often endure a life of costly medical treatments and the need for constant care.

Medical staff accused of failing to act in a timely fashion to newborn’s symptoms

In a recently filed case, a guardian ad litem (a representative for a minor child whose welfare is a concern of the court) representing a child born with cerebral palsy filed a lawsuit on November 16, 2012, in the Superior Court of San Francisco County, California. It is alleged that medical negligence during the birth process caused the child to be born with cerebral palsy on September 5, 2008.

The plaintiff is suing Sutter West Bay Hospital because the medical staff is accused of having failed to respond in a timely manner to signs that the newborn was developing symptoms of jaundice. These symptoms required prompt medical intervention, but the staff didn’t take action.

Because of the failure to act, the child suffered from hearing loss, cerebral palsy symptoms, and kernieterusm. Kernieterusm is an affliction that may lead to a child to suffer from cognitive impairment, muscle rigidity, seizures, and speech difficulties.

Blood tests allegedly would have indicated dangers

In the lawsuit, the plaintiff states that the hospital and staff failed to follow policies and procedures that required they perform a blood test in a timely manner. Had they done the blood test, they would have found that the child was at high risk for hyperbilirubinemia, which leads to kernicterus.

Kernicterus is a rare neurological disorder that occurs in newborns who have severe jaundice.

The filing also states that if the staff had charted the liver functions of the patient, the subsequent birth injuries might have been avoided.

Contact a birth injury lawyer

Has your child been the victim of a birth injury? Balkin & Eisbrouch are lawyers experienced in cerebral palsy litigation and can help you with your case. Great strain—both financial and emotional—is placed upon the family members of a child who suffers from such birth injuries as cerebral palsy. Sometimes these children need long-term medical care and constant supervision.

Contact Balkin & Eisbrouch to discuss your case in a free consultation to determine your eligibility to file litigation and gain compensation.