In the early part of my career when I would be approached by someone just like you, a young mom who is facing a tragedy, has a brain damage child and wants someone to help them understand what happened, if you said to me that your child was not diagnosed with cerebral palsy, if you said to me, That your child’s treating physicians do not believe that your child has cerebral palsy.
It would be almost impossible to find a credible, qualified expert who would be willing to say that that injury occurred as a result of negligence or mismanagement of the labor and delivery.
Non-CP cases were more routinely rejected.
Because you just couldn’t find the expert testimony to support those cases, and there was a change.
In the understanding of the medical community, there was a change because there were new studies that were done.
There was new data that was published, and as a result of the new studies and the new data that was being published, doctors and researchers were finding that kids could suffer an injury during labor and delivery without having a diagnosis of cerebral palsy.
So what that Means is you can have a child who actually can walk, use their hands, not have motor impairment, but they are intellectually impaired.
Those injuries, those cognitive injuries are also injuries that can occur during labor and delivery.
So that’s why it’s important, and that’s just one example of how important it is to stay up on the literature.
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