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Cerebral Palsy: New Obstacle to Proving Causation
A plaintiff who alleges that lack of oxygen during a botched delivery caused a child's cerebral palsy might have a new obstacle to proving causation, if juries give credence to a recent report commissioned by two major medical organizations.
The report, issued by the American College of Obstetricians and Gynecologists (ACOG) and the American Academy of Pediatrics (AAP), contains a model for determining if the neurological impairment originated at the time of labor and delivery ' which may have been caused by medical malpractice ' rather than having been caused by other factors, such as a pre-existing condition. The study contains four 'must' factors and five others of collective importance.
According to a press release issued by the ACOG, the report, Neonatal Encephalopathy and Cerebral Palsy: Defining the Pathogenesis and Pathophysiology, 'gives evidence that the vast majority of neonatal encephalopathy and cerebral palsy originate from developmental or metabolic abnormalities, autoimmune and coagulation defects, infection, trauma, or combinations of these factors'. The report has received the endorsement of six organizations including the National Institute of Child Health and Human Development of the National Institutes of Health and the Centers for Disease Control and Prevention.
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