Cerebral Palsy

What does Cerebral Palsy mean?

Cerebral palsy is a neurological disorder which limits or impairs body movement and muscle coordination. Babies who do not get sufficient oxygen at the time of their birth, who have birth trauma or who are born prematurely may develop cerebral palsy. According to the Mayo Clinic, cerebral palsy occurs in approximately two to four out of every 1,000 births in the United States and Europe.

If your child is born with cerebral palsy this does not necessarily mean medical malpractice has occurred. In some cases, doctors and hospitals make no mistakes when providing prenatal care or during the delivery process but a baby may still be born with cerebral palsy.

When could it be malpractice? If a doctor does not properly treat an infection during the pregnancy or birth, the doctor does not monitor fetal heart rate properly, the doctor does not detect a prolapsed umbilical cord, the doctor does not recognize when a baby may be too large to be delivered via the birth canal, or the doctor improperly uses medical instruments in delivery.

If you have a child who is born with cerebral palsy you can talk to a lawyer about whether or not the doctor may have made a mistake in the delivery of your child, but keep in mind, this condition can occur without any negligence on the part of a doctor.

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Means Test

The means test was designed to determine whether an individual debtor\'s Chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case, generally to Chapter 13 (see Abuse).

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