Autism and birth injury lawsuits
It was once believed that there was no connection between medical error and autism. That is no longer true. Scientists and epidemiologists have identified numerous environmental factors associated with autism spectrum disorder. Whether your child’s autism can be attributed to a medical error depends on the circumstances of the case.
Can I bring a lawsuit for my child’s autism?
It depends. If the following environmental factors are not present in your child’s case, it is unlikely they can bring a lawsuit.
Environmental factors caused by medical error that can be linked to autism:
- Hypoxic-Ischemic Encephalopathy (HIE)
- Premature Birth
- Intraventricular Hemorrhage (IVH)
- Periventricular Leukomalacia (PVL)
- Infection/Inflammation
There are numerous peer-reviewed studies showing that autism can be caused by hypoxic-ischemic encephalopathy (i.e., a lack of oxygen), prematurity, intraventricular hemorrhage (IVH), periventricular leukomalacia (PVL), and infection/inflammation. If your child had one of these diagnosis at or near the time of birth, and now has autism, there may be a birth injury claim to pursue.
My child has autism and was born prematurely, can I sue?
This is a common question we get through Birth Injury Cold Case, and at Wais, Vogelstein, Forman & Offutt, LLC. We have successfully solved Cold Cases involving autism and premature birth. The key is identifying whether the premature birth was caused by medical error or medical malpractice. Many cases of premature birth are caused by medical error.
A good example is a case involving the failure to place a cerclage. A cerclage is a suture placed in the cervix to be keep the cervix closed in the setting of an incompetent cervix. If a pregnant mother is a candidate for a cerclage, and the doctors fail to place one, and it leads to a premature birth, there may be a case. This is true even if your child’s primary diagnosis is autism.
Developmental delay versus autism
Another question we get a lot at Birth Injury Cold Case is whether a diagnosis of autism is required to bring a case. A lot of times children are diagnosed with developmental delay, but not autism. Like autism, if the developmental delay can be linked to an environmental factor brought upon by a medical error, then there is the strong possibility of a case.
Even if you have been told your child does not have a case by prior lawyers, that does not mean there is no case. Contact Birth Injury Cold Case if you would like a free consultation.
