Cerebral Palsy Birth Injuries

When Medical Malpractice Causes Cerebral Palsy Birth Injuries, Learn What Rights You May Have Under the Law

Cerebral palsy is one of the most devastating birth injuries that can occur shortly before, during, or just after. Sadly, most parents are not even familiar with cerebral palsy until their child is diagnosed with it. Cerebral palsy is a group of disorders that affect a person’s brain function and is most commonly caused by a loss of oxygen before, during, or after birth. Frequently the damage is due to a loss of oxygen during labor and delivery but can also be due to physical trauma. Cerebral palsy birth injuries are the most common causes in this way.

As a result of the loss of oxygen, lesions or scar tissue develop on the brain, impairing cognitive and motor function. Cerebral palsy can be caused by many unavoidable factors, such as genetics, but often is caused by a preventable factor such as medical malpractice. Usually, this is due to some error made during the labor and delivery process or shortly just before or after. This is often referred to as negligence, and families whose children have been diagnosed with cerebral palsy due to negligence may be eligible for compensation due to their injuries.

Families that suspect that their child may have been the victim of medical malpractice resulting in cerebral palsy birth injuries should contact an experienced cerebral palsy birth injury lawyer like one of ours [LINK].  The damages in these types of cases are often incredibly significant due to the treatment, medication, nursing care, and other needs that a child may need for the rest of their life due to a healthcare provider’s mistakes.

Cerebral Palsy Defined

According to the Centers for Disease Control and Prevention (CDC), cerebral palsy (CP) is a group of disorders that are characterized by impairment of motor function (and sometimes cognitive function) as a result of loss of oxygen at birth, genetic factors, physical trauma, or other factors. This is a permanent condition, meaning people with this condition will live with this for the rest of their lives. Often, cerebral palsy is due to a birth injury, although this is not always the case.

What is a Birth Injury?

A birth injury is an injury that is sustained during labor and delivery or just after birth. Examples of birth injuries include cerebral palsy, hypoxic-ischemic encephalopathy (HIE), kernicterus,  and brachial plexus injuries, amongst others. Birth injuries range from mild and temporary to severe and permanent. 

Birth injuries can be any injury to a newborn, whether caused by a healthcare provider or not. However, many birth injuries are caused by a healthcare provider’s reckless, careless, or downright negligent conduct.

Signs that Your Child May Have Cerebral Palsy Birth Injuries

There are some instances in which it may be evident that your child has something wrong with them at birth, while other times, it is not apparent until they are a few years old. Signs and symptoms that may indicate that your child has cerebral palsy include the following:

• Muscle stiffness
• Muscle rigidity, known as hypertonia
• Balance and coordination difficulties
• Difficulty with ambulation
• Muscle weakness (hypotonia)
• Learning disabilities
• Muscles that are overactive
• Unilateral (one-sided) paralysis
• Stiff muscles
• Body movements that appear abnormal

There are many other signs that your child may have cerebral palsy that is not listed here. You should consult your physician with your concerns and seek help from an experienced cerebral palsy lawyer if your child has been diagnosed with cerebral palsy or if you suspect your child has cerebral palsy. If you feel it may be due to a preventable error that occurred during your child’s labor and delivery or shortly before or after.

Sub-Types of Cerebral Palsy

There are several different types of CP, each kind affecting a person in different ways. The severity of each of these depends on the degree of brain damage that has occurred. Types of cerebral palsy include the following:

Dyskinetic Cerebral Palsy – This type of cerebral palsy is the second most common type. Individuals with this type of cerebral palsy experience abnormal movement of the limbs, causing great difficulty with coordination and body movements. Sometimes, children with this type of CP have writhing or slow movements or quick jerking movements. This can cause a significant level of difficulty with sitting down or walking. Additionally, children with CP can have great difficulty with their speech.

Another type of dyskinetic cerebral palsy is known as choreathetoid cerebral palsy. This is a subtype of dyskinetic cerebral palsy characterized by involuntary jerky movements, referred to as chorea. Children with this cerebral palsy may be cognitively typical but still have motor function impairment.

Ataxic Cerebral Palsy – Ataxic cerebral palsy results from damage of the cerebellum. This type of CP affects coordination and balance, making walking difficult. Children with this type of CP may run into walls or other objects and have difficulty with spatial orientation. Other effects of this form of CP include possible difficulty with swallowing, speech, writing, eye movements, and other movements. This type of cerebral palsy is relatively uncommon.

Spastic Cerebral Palsy – This type of CP is marked by a great deal of spasticity and stiff painful muscles at times. There are subtypes of this type of CP, including spastic hemiplegia, spastic quadriplegia, and spastic diplegia. Spastic hemiplegia occurs when only one side of the body is involved, causing difficulties with movement on one side. Spastic quadriplegia refers to motor impairment of the entire body. This is the most severe type of spastic cerebral palsy. Spastic diplegia refers to muscle stiffness typically in the leg area, but the arms can also be affected. Children with this type of CP may have difficulty walking.

Mixed Cerebral Palsy – This type of CP combines all types or just certain types.  The mixture could be static (stays the same) or constantly changing or evolving.  Because of the potential to continually change, this type of CP is often one of the most difficult for a family to handle because a child’s needs could continue to change.

How Can Cerebral Palsy be Due to Medical Malpractice?

While as stated before, cerebral palsy is not always due to medical malpractice. Sometimes, your child’s disability was due to an unpreventable cause. However, because CP is typically due to a loss of oxygen at birth, shortly before or after, this can indicate that an error occurred leading to a loss of oxygen. Common examples of medical malpractice related causes of cerebral palsy include the following:

• Failure to monitor the electronic fetal monitoring strip (EFM)
• Overuse of labor inducing drugs (i.e. Pitocin)
• Improper monitoring when a mother is receiving labor inducing drugs
• Failure to respond to newborn distress or if the baby appears to be in distress while in utero
• Failure to identify and treat umbilical cord prolapse
• Failure to resuscitate a baby at birth, causing a hypoxic brain injury
• Failure to intervene with a c-section if it is indicated prior to delivery, or in emergency situations in which the mother or baby are in distress
• Opting for a vaginal birth when it is unsafe which then leads to complications during labor and delivery
• Failure to provide adequate prenatal care
• Failure to appropriately identify and treat preeclampsia

What Types of Needs May a Child with Cerebral Palsy Have?

Unfortunately, there is no cure for cerebral palsy. Children with cerebral palsy will struggle with the impairments they have for the rest of their lives. The needs of a child with CP may have varied greatly, depending on the severity of their condition and their type of cerebral palsy. Everyday needs that a child with cerebral palsy may have includes the following:

• Need for assistive devices (i.e. walker, wheelchair, cane, crutches)
• Need for specialized schooling or special supports
• Need for home care
• Need for a long-term care facility in cases of severe cerebral palsy
• Need for modifications within the home
• Need for frequent medical appointments
• Need for physical, occupational, and speech therapy

Was a Loved One Diagnosed With CP?  Call Our Cerebral Palsy Birth Injury Lawyers for Help

When medical malpractice causes serious birth injuries to an innocent baby, it is simply not fair for that defenseless baby and their loving family.  The costs for CP can be well into the millions, especially if a child is suffering from severe CP.  If your baby was diagnosed with cerebral palsy birth injuries and you believe that it may have been due to medical malpractice, find an experienced birth injury lawyer to help handle your case here at Medical Malpractice Universe.