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Cerebral Palsy
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Cerebral Palsy is a term used to describe a set of chronic disorders that impair the brain's ability to adequately control movement and posture. This disruption in the brain’s ability to control movement and posture is caused by faulty development or damage to the motor areas in the brain.
By definition, Cerebral Palsy refers to the brain’s two halves (cerebral) and, to any disorder involving the impairment of control of bodily movement (palsy). Generally, there are four types of Cerebral palsy: Spastic cerebral palsy, Athetoid (or dyskinetic cerebral palsy), Ataxic cerebral palsy, and mixed forms.
Common causes of cerebral palsy are breech presentation, complicated labor or delivery, low birthweight, nervous system malformations, maternal bleeding or severe proteinuria, maternal hyperthyroidism, seizures in the newborn and doctor errors.
Symptoms may include difficuty breathing, low birthweight, delayed development and mental retardation.
The United Cerebral Palsy Associations estimate that more than 500,000 Americans have cerebral palsy and there is no cure for cerebral palsy.
Approximately one-third of children who have cerebral palsy are mildly intellectually impaired, while approximately one-third of children are moderately or severely impaired. The remaining one third of children who have cerebral palsy are normal intellectually.
Common Cerebral Palsy Symptoms include the following:
- Seizures: Half of all children with cerebral palsy have seizures
- Growth problems: Failure to thrive, a general term used to describe children who lag behind in growth and development, is common in children with moderate-to-severe cerebral palsy, especially those with spastic quadriparesis. Failure to thrive usually takes the form of too little weight gain. In young children, failure to thrive can appear as abnormal shortness; in teenagers, it may also include a lack of sexual development.
- Impaired vision or hearing: A large number of children with cerebral palsy have a condition called strabismus, in which the eyes are not aligned because of differences in the left and right eye muscles. In an adult, this condition causes double vision. In children, the brain may compensate by ignoring signals from one of the misaligned eyes. If left untreated in children, this can lead to very poor vision in one eye.
- Impaired hearing: Hearing problems are more frequent among those with cerebral palsy than among those in the general population.
- Abnormal sensation and perception: Some children with cerebral palsy have difficulty with the ability to feel sensations such touch and pain. Children may also have difficulty perceiving and identifying objects using their sense of touch (stereognosia).
Cerebral Palsy & Medical Malpractice
Since CP, is often caused by physician error or medical malpractice, issues of medical malpractice and physician liability may be present in certain circumstances. Patients are encouraged to consult with their physician for medical advice and with an attorney for legal advice. There are certain steps that a doctor should take to ensure proper treatment. Doctors must make sure that the baby has sufficient oxygen throughout the birth process. The baby's breathing must not be impeded during birth (which can occur if the baby is stuck in the birth canal or if the umbilical cord wraps around the babies neck). If the child is left in the birth canal for a prolonged period of time, this may cause lack of oxygen to the baby’s brain. Likewise, failure to detect a prolapsed cord may be actionable for malpractice.
Doctors must be vigilant. They must immediately recognize and treat seizures following delivery; detect prolapsed cords; not injure the child in the event of a vacuum extraction; and exercise extreme care with the use of forceps.
Doctors and medical professionals must carefully watch and respond to changes in the fetal heart rate. Any improper positioning of a baby or fetal distress during the birthing process may require a C-section. Failure to do so can result in cerebral palsy. Finally, doctors must respond immediately to the mothers changing conditions, such as high blood pressure, excessive bleading or toxemia.
There are many other factors which may suggest that a birth injury resulted from medical malpractice. Failure to timely diagnose and treat jaundice, meningitis or seizures within 24 to 48 hours of the childbirth may be actionable for medial negligence.
A healthy baby should begin breathing immediately after childbirth. If infant requires resuscitation at birth, this could be a sign of medical error. If the baby's skin is blue or dusky after birth it may indicate further medical problems. Also, if the mothers water broke over 24 before the birth, this is a strong indicator of a serious medical concern.
If and when any of these problems occur, doctors must act quickly and decisively. They are trained to bring in specialists, order emergency c-section or the appropriate use of medications. If the doctor fails to properly treat the symptoms of cerebral palsy, he may be liable for medical negligence.
Unfortunately, medical negligence cases are complicated by a multitude of factors that make them difficult to prove and win. Doctors are often unwilling to testify against other members of their profession. Medical records are often written in illegible handwriting. Courses of medical treatment may be extremely complex, or the medical issues may be extremely complicated. With an experienced attorney who has fought against doctors, hospitals and their insurance companies, however, your chances to prevail in a medical malpractice case will increase. If you believe a doctor's error may have caused your child's Cerebral Palsy, you should contact a lawyer immediately.
If you or your child has been injured as a result of medical malpractice, you may be entitled to monetary compensation. For a free evaluation of your birth injury or cerebral palsy claim, click on the link below. You will be provided with a Free Evaluation form where you can submit your information and case facts. Once you submit your information below, your free consultation form will be sent to a lawyer reviewing medical malpractice and cerebral palsy claims, for evaluation. That lawyer will review your form in accordance with the site terms and conditions.
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