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Cerebral Palsy: New Obstacle to Proving Causation

By Leonard Post
October 07, 2003

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.

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