Developmental Disability and Mental Retardation in Children from Medical Malpractice

author by Bruce Fagel on Dec. 03, 2012

Accident & Injury Medical Malpractice Accident & Injury  Malpractice Accident & Injury  Personal Injury 

Summary: Developmental disability, developmental delay, mental retardation are medical terms referring to someone with significant impaired cognitive functioning. This article discusses these disorders and possible causes.

There are a number of terms in the medical community used to describe an individual with a lower than normal IQ, such as the term mental retardation to refer to a person with an intelligent quotient below 70.  However, terms like developmental delay or developmental disability are more frequently being substituted as they are considered more socially acceptable terms. 

Developmental disability or intellectual disability, are terms applied to children with serious impaired cognitive functioning.  Children who have developmental delays learn at a slower pace than other children of the same age range.  It’s important to understand that each child reaches developmental milestones at their own pace, so some children will achieve some milestones at a later age than other children and this does not necessarily mean the child has a developmental disability.  However, if the child is achieving these milestones at significantly longer periods than other children of the same age or having serious problems mastering these basic milestones, this may be a sign of developmental disability.

Developmental milestones which may be delayed being reached by a child with impaired cognitive functioning may include difficulty learning how to crawl, sit up, walk, talk, read, self-care skills, social skills, and classroom learning.  It’s important to understand that these signs don’t always show up right away, in fact it may take several years or even when the child begins schooling for the developmental disabilities to become apparent.  The disabilities may also be minor or severe as well, depending on the area of the brain that was damaged and the extent of the damage.

If parents are concerned their child may have a developmental delay, there are tests available that can make this determination.  Tests include an IQ test, Denver developmental screening test, and a variety of developmental milestone measurements.  A doctor may also screen for cerebral palsy which includes testing a child’s reflexes, muscle tone, strength, coordination, sense of touch, sense of sight, and sense of balance.  The screening may also include testing for hearing and vision problems, as well as speech disorders and developmental delays.  A doctor may provide an EMPP test (early motor pattern profile) or motor milestone testing as well.

What causes a developmental disability or mental retardation?

A developmental disability or mental retardation may be caused by a number of factors including a significant reduction of oxygen or blood supply to the brain of the baby before, during, or immediately following birth.  This can also be caused by a traumatic brain injury, birth trauma, metabolic problems, chromosomal problems, a problem with the mother using alcohol or drugs, certain infections, premature delivery, toxicity, and problems that are unknown.

Developmental disabilities can happen because of medical malpractice as well, which may include some of the items listed in the paragraph above. In the case of traumatic brain injury, if the doctor is not careful in using the vacuum or forceps during a difficult delivery, the baby’s brain can be injured by too much force.  A doctor may also fail to take immediate action when the fetal heart rate monitor is warning that the baby’s heart rate is significantly low, which may be caused by a lack of proper supply of oxygen to the brain.  Situations like this may call for an emergency C-section or other life saving measures. If a medical professional fail to take these proper steps and the baby is seriously injured as a result, the family may have a medical malpractice lawsuit.

If you believe your child’s developmental disabilities, developmental delays, or mental retardation may be the result of medical malpractice, you should contact California medical malpractice lawyer Dr. Bruce Fagel for a free consultation at (800) 541-9376. Dr. Fagel is a top medical malpractice attorney and a licensed medical doctor.  There is a statute of limitations which limits the amount of time a family may have to file a medical malpractice claim before losing their ability to recover damages, so it’s important a family calls right away for a free consultation before the statute of limitations expires.

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