Cerebral Palsy

Cerebral palsy refers to a group of neurological conditions that impair movement and coordination as the result of brain damage, rather than a distinct nervous, muscular or otherwise physical problem. Cerebral palsy typically presents itself during infancy or early childhood, and the physical impairments resulting from this condition will usually not worsen as the affected child grows older.

Cerebral Palsy

Causes of Cerebral Palsy

While a number of factors can cause the brain damage that leads to cerebral palsy, some of the most common include:

  • bacterial meningitis
  • head injury at an early age (Head injuries that cause cerebral palsy can result from car accidents, falls or physical abuse.)
  • viral infections
  • medical malpractice

Understanding the underlying causes of cerebral palsy is key to both preventing it and getting compensation, particularly if your child's cerebral palsy was the result of some negligence or malpractice.


Cerebral Palsy Symptoms

Most children afflicted with cerebral palsy are born with the condition, despite the fact that it generally takes several months to a few years to detect. The reason for this delayed detection is that babies naturally have limited mobility, obscuring the recognizable symptoms of cerebral palsy.

However, as children grow and cerebral palsy symptoms appear, they will include some combination of:

  • ataxia, an inability to coordinate voluntary movements
  • dragging a foot or leg when walking
  • irregular muscle tone
  • spasticity, an exaggeration of reflexes and movements
  • tiptoeing or hunching when walking

Keep in mind that not all cases of cerebral palsy are profoundly debilitating. Cerebral palsy can range from mild to severe in nature: while mild cerebral palsy patients are generally able to live independently, severe cerebral palsy patients may need extensive surgery and lifelong care to survive.


Cerebral Palsy and Medical Malpractice

Not all parents of children with cerebral palsy will be entitled to monetary compensation. However, if your child developed cerebral palsy as the result of medical malpractice, you do have a legal claim and can get compensation with the help of a personal injury lawyer who specializes in cerebral palsy malpractice suits.


Cerebral palsy can result from medical malpractice when medical professionals make mistakes such as:

  • not recognizing or treating meningitis in newborns
  • not recognizing or treating newborn jaundice
  • not recognizing or treating maternal hypertension (high blood pressure)
  • improperly responding to variations in fetal heart rate
  • failing to perform C-sections when vaginal births may be dangerous (such as with a prolapsed umbilical cord—one that has wrapped around the baby's neck)
  • using forceps or vacuum extraction improperly (or excessively)

Signs that Cerebral Palsy Resulted from Medical Malpractice

It's not always clear to new mothers and fathers when/if medical malpractice has occurred. Indications that medical staff have made mistakes while delivering your child (and, therefore, have caused your baby to have cerebral palsy) include:

  • giving your baby CPR after (s)he is born
  • having an emergency delivery
  • newborn seizures within the first week of birth
  • performing MRIs or other tests on a newborn
  • transferring your baby to another hospital or a newborn ICU area.

 

Our Cerebral Palsy Lawyers have investigated many cases over the years. You can read about some of them on our Example cases page. 

 

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See Also:

 

Burke & Eisner Law Blogs

Cerebral Palsy Law Blog

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