If your child has a birth injury such as Cerebral palsy, Erb’s palsy or brain damage, then find out why it happened. Does your child have cerebral palsy from PVL? Many people believe that the injury is just a birth defect. Often this birth defect was caused because the child was deprived of oxygen at some point during the pregnancy.
Cerebral Palsy, or otherwise known as CP, is essentially a brain injury. People diagnosed with Cerebral Palsy are typically born with the injury, but some are diagnosed later in life.
Are there different kinds of CP?
There are four kinds of spastic Cerebral Palsy, according to how many limbs are affected:
Hemiplegia: One arm and one leg on the same side of the body.
Diplegia or Paraplegia: both legs are affected.
Monoplegia: Only one arm or leg is affected.
What causes of Cerebral Palsy during Labor?
Delay in Delivery
Failure to read Fetal Heart Monitoring Strips indicating a stressed baby
Injury during Labor
What else causes Cerebral Palsy?
Asphyxia (Lack of Oxygen)
Bleeding in the Brain
What is the life expectancy of someone with Cerebral Palsy?
There are not enough studies of this question to concretely answer this, but most people with cerebral palsy live between 30 and 70 years. There is a lot of variation here and it can depend a bit on the severity of the symptoms.
How does CP affect the body?
It affects a persons ability to move smoothly. It can affect things like:
When does CP typically occur?
The brain injury can occur before birth, but in an estimated 20 percent of cases of CP are caused during delivery.
The early signs of cerebral palsy often show before the age of three years old. Typically, most children with cerebral palsy are born with it, but they may not be diagnosed until months or years after birth. You can also damage the brain after birth and it can result in a movement disorder which is sometimes a direct result of lack of oxygen to the brain.
When is Cerebral Palsy diagnosed?
There is no actual test that confirms or rules out Cerebral Palsy at birth. In severe cases, the child may be diagnosed soon after birth, but most children are typically diagnosed in the first two years. A diagnosis may not be determined for those with milder symptoms, or until the brain is fully developed at three to five years old.
Is it Genetic?
Researchers have discovered that hereditary factors can predispose an individual to CP, but it is not a hereditary condition. It is a condition that describes movement disorders and limitations around motor skills. This often is caused by some injury.
Can it be cured?
At present, there is no cure. That does not mean that the child with a CP diagnosis has no potential. It only means that their movement is affected. People with Cerebral Palsy may have physical impairment, but they are considered healthy and can live fulfilling lives.
How is CP treated?
Cerebral Palsy treatment can be as complex as the condition is, and there's no simple approach because each person is affected differently. Although the brain injury from CP cannot be healed, the physical impairment as a result can be managed with a broad range of treatments and therapies.
What are typical cerebral palsy symptoms?
Muscle tone that varies - too stiff or too floppy
Favoring one side of the body - Examples are reaching with only one hand or dragging a leg
Difficulty walking, such as walking on toes, a crouched gait, a scissors-like gait with knees crossing, a wide gait or an asymmetrical gait
Excessive drooling or problems with swallowing
Delays in speech development or difficulty speaking
Difficulty with precise motions, such as picking up a fork
Ataxia or lack of muscle coordination
Tremors or involuntary movements
Athetosis or slow, writhing movements
Stiff muscles and exaggerated reflexes (spasticity) or normal reflexes (rigidity).
Motor skills milestone delays, such as pushing up on arms, sitting up alone or crawling
Is Cerebral Palsy caused by Malpractice?
It can be. While it is not the only cause, there are a few different mistakes that can result in cerebral palsy. These can be:
Nursing or Medical staff failing to monitor th child or mother
Medical Staff incorrectly interpreting diagnostic tools and tests
Delay in delivery such as failing to order a C-Section if the child is in distress
Injury during the birth process
What kinds of medical errors lead to CP during the delivery?
When a baby is too large or in an improper position during birth, brain injury can occur. Some possible causes are: The doctor fails to do a caesarean section when there is fetal distress, or too much pressure on the baby's head or neck can happen during delivery. Sometimes vacuums or other mechanical devices used during delivery can be too invasive and cause damage. Also, lack of oxygen to the baby's brain (such as the umbilical cord wrapping around the baby's neck) may also contribute to CP.
Do I need a lawsuit in order to bring a claim?
Technically you don’t, but in our experience a successful medical malpractice claim almost always requires that the case be filed. So in reality it will almost always require a lawsuit.
Is this a class action?
No. These lawsuits are individual, personal injury claims filed against the people or companies responsible for the mistakes that lead to the injury. These are often doctors, nurses and the hospital or medical practice involved.
How long do I have to file a case?
Every state has rules about how long you have to file a lawsuit. These rules are called Statutes of Limitation. If you wait too long to file a lawsuit then you can be forever prevented from filing one. Often the time limits for children are longer, but it is very important to pay attention to when the time is up. So, Do Not delay in looking in to a possible case.
Are there a lot of these lawsuits?
No. There are not as many cases as the news media reports.
Where are these lawsuits filed?
Most cases will be filed in the state where you live or where the injury occurred.
Who can represent me?
We can, depending on provided criteria. This will involve a discussion and we will ask you questions about the injury claim and other details.
How long does it take to get a settlement?
There is no guarantee that there will be a settlement. Whether there is one will depend on many factors. If there is a settlement it can take several years to get to. Cases can take from 2-10 years. Every case really is different.
How large are the settlements?
The settlements are most often confidential in nature. This depends on many variables and cannot be accurately determined, since each suit is individual and entirely different from each other.
Do all lawsuits Settle?
No. Some cases will go all the way through trial to a verdict.