What causes cerebral palsy?
Cerebral palsy usually occurs due to brain injury during a baby’s development in the womb or during delivery. This condition may have no immediate signs; however, as the baby grows, the parents may notice a marked delay in reaching developmental milestones, problems with formulating proper speech as well as disrupted motor function.
Cerebral palsy may be directly attributed to negligence on a doctor or healthcare giver’s part before and during birth. Incorrect fetal monitoring as well as forceful and traumatic delivery may lead to brain swelling and infection which interferes with normal brain development and function.
More information: Common Causes of Cerebral Palsy
What are the symptoms of cerebral palsy?
The symptoms of cerebral palsy vary widely depending on the severity of the illness. A person suffering from a mild form of cerebral palsy may display issues with fine motor skills (such as writing), balancing, proper posture, and involuntary movement. A person suffering from a severe form of cerebral palsy may have learning impairments, breathing problems, major mobility issues, spastic paralysis, seizures, and sensory issues. Infants and babies in Dallas are often diagnosed with cerebral palsy after displaying poor head control, lethargy, difficultly sucking, delayed development, or motor impairments. In many cases, it may take up to six months for doctors to diagnose a baby with cerebral palsy.
Do you know the facts on cerebral palsy?
Cerebral palsy is a condition that many have heard about, but which few seem to understand. CP is a chronic condition that can occur when there is some form of injury to the brain during pregnancy, labor and delivery or in the early years of a child’s life. The way that it affects each person can vary depending upon which portion of the brain is affected, but common characteristics are lack of muscle control, involuntary movements, mental disability, problems with speech, and lack of sensation. Those who are uninformed about cerebral palsy often have some common questions.
When is cerebral palsy first detectable?
Cerebral palsy is usually not detected until 1 to 3 years after a baby’s birth. Because of this, most parents may not be adequately prepared for a change in their newborn’s demeanor or physical anomalies. Most parents become concerned when they realize that their baby isn’t moving or talking as they should, given their age. It’s at this point that their child might be diagnosed by a medical professional.
Typical diagnosis for cerebral palsy involves the doctor evaluating the child’s muscle tone and reflexes. The doctor may also ask that the child be sent for an MRI, CT or ultrasound scan to identify any anomalies within the baby.
Should I sue for my child's cerebral palsy?
Cerebral palsy may be attributed to medical negligence during pregnancy and delivery. It is the responsibility of every healthcare provider to anticipate the risks that come with pregnancy and childbirth and do something about it in a timely manner. Prenatal exams should ensure that the baby is developing in a safe environment in the womb and that there are no infections that could affect the fetus as well as his or her brain.
At the same time, doctors should ensure that delivery takes place in a safe environment and that the baby is handled with utmost care. This means various things such as not leaving the baby in the birth canal for too long, ensuring that the mother’s and baby’s vital signs are monitored at all times, and providing adequate care during the whole process.
You may be entitled to compensation if you suspect that negligence was the cause of your baby’s cerebral palsy diagnosis. We’ve helped numerous parents seek justice and compensation and we’d like to help you get the financial help you need to rehabilitate your child. Call us today, any time of the day at (214) 651-6100 for your free consultation.
Who can file a cerebral palsy claim?
Any legal parent or legally appointed guardian of an injured child can sue a doctor for cerebral palsy malpractice. You have to be directly involved in the injury case. You would be the one to first notice something wrong with your child. When you suspect a birth injury, start saving all paperwork and take your child to an objective pediatrician.
What is the statute of limitations for a cerebral palsy case?
Different states have different time limitations in regard to how long you have to bring a claim or lawsuit (statute of limitations) for a cerebral palsy birth injury case. In general, most states limit this time frame to two years from the incident, or rather, 2 years from when you are made aware of the injury. However, there exists a “loophole” of sorts.
Some states (including Texas) allow injured children to file a lawsuit on their own behalf up until two years after they reach the age of majority (essentially, they have until their 20th birthday). However, Texas also has a 10-year statute of repose on all medical malpractice cases. Since cerebral palsy cases are caused by birth injuries, and birth injuries fall under the category of medical malpractice, this means that you may have the ability to file a lawsuit against the doctor until the child turns 10 years of age.
This being said, bringing a medical malpractice case several years after the incident is going to prove very challenging. If you’re considering your legal options, we strongly advise you to call us for a free consultation as soon as possible. We’re happy to look into the facts of your case for no charge and provide you with answers regarding your legal options.
What is the prognosis for cerebral palsy caused by a birth injury?
The first question many parents ask when they are told that their child has cerebral palsy is, “Is my child going to be okay?” Often, the next question is, “What challenges will my child face in the future?”
It is important to understand that the severity of cerebral palsy varies considerably between cases and that it can be difficult to give a prognosis when a child is quite young. Although predictions can be made about the future health of a baby with a birth injury like cerebral palsy, parents should understand that the prognosis is not set in stone.
With that in mind, doctors agree that children with CP may be able to improve their condition through close medical care, therapy, and treatment. However, those suffering from cerebral palsy are more likely to suffer from mental disabilities, more likely to suffer from early-onset arthritis, and more likely to have lifelong mobility and dexterity issues. Cerebral palsy is not a progressive disease, but the affects of CP can lead to related health problems as those with the condition age. Those who suffer from cerebral palsy due to a birth injury will not pass the health issue on to their children.
A more accurate prognosis can be made through doctor evaluations when your child is older.
Do you have questions about cerebral palsy caused by a birth injury or doctor mistake? Call the Dallas birth injury attorneys at Rasansky | McKenzie Law today.
Can cerebral palsy be caused by nursing or medical mistakes?
Many of the medical issues that occur during pregnancy or delivery and lead to cerebral palsy should be anticipated, detected, and corrected by a physician or other medical staff before a serious problem occurs.
There are of course some unavoidable situations that lead to brain injury and, consequently, cerebral palsy. It is important to remember, though, that many of these circumstances are entirely preventable. Proper prenatal care is very important, as is having a knowledgeable and thorough physician during labor and delivery. If you have a child affected by CP that you believe was the result of a medical mistake or oversight, please take a moment to fill out the contact form on this page. We are very experienced in this area, and will assess your case for free and explain your legal options.
Is cerebral palsy progressive?
Cerebral palsy is not a progressive condition because the damage to the brain has already occurred; however, symptoms can change over time. Some will see an improvement in their condition, possibly gaining back some muscle control. Others may experience more problems stemming from their challenges with CP. The way that the condition affects certain muscles in the body after years of involuntary tightening or lack of use, can throw off other muscles, joints, etc.
Is cerebral palsy contagious?
It is important to remember that cerebral palsy is a neurological condition; not a disease. It is in no way contagious.
Cerebral palsy is caused by damage to the child’s brain during pregnancy, delivery, or as a very young child.
The fact that this is such a common question illustrates just how uninformed the general public is about cerebral palsy, and why raising awareness about this condition is critical.
Can cerebral palsy be prevented?
Because cerebral palsy is caused by damage to a baby’s brain, the condition is actually quite preventable in most cases. Most of the issues that lead to brain injury—and consequently CP—should be checked for, anticipated and/or monitored by a physician. Some of the health problems in the mother that can bring about brain injury during pregnancy are herpes simplex, rubella, high blood pressure, diabetes, thyroid issues and several others.
During labor and delivery there are numerous problems that can lead to a birth injury, including the umbilical cord becoming compressed, the placenta detaching prematurely, or the use or forceps or vacuum extraction during a difficult delivery.
Are all cerebral palsy cases caused by negligence?
There are a number of potential causes of cerebral palsy, but the majority of cases are caused by brain damage to the baby during pregnancy, delivery, or shortly after birth. Unfortunately, doctors and medical experts do not fully understand what other factors may cause CP.
Many cases of cerebral palsy are caused when the child is born prematurely, or when the child suffers an early infection, stroke, or blood clot. In most cases, cerebral palsy develops when the infant suffers trauma during delivery, such as a lack of oxygen (blood flow) to their brain. In these cases, cerebral palsy is often the direct result of negligence or malpractice, and the parents have every right to pursue a cerebral palsy medical malpractice lawsuit.
What is Erb's palsy?
Erb’s palsy, also known as brachial palsy, is a condition that most-commonly occurs to newborn children when their brachial plexus nerves are damaged during labor or delivery. When these nerves (which are located near the shoulder) are injured, it can cause weakness and limited mobility in the arm and hand. This paresis is usually temporary as long as it’s immediately identified and treated, but some cases do lead to permanent disability.
Erb’s palsy is almost always the direct result of shoulder dystocia, and takes place when a newborn suffers from a difficult birth in which his or her arm is treated with excessive force.
While some birth injuries are merely accidents that could not have been prevented, many cases of Erb’s palsy could have (and should have) been prevented, if not for the negligence or carelessness of a hospital, doctor, nurse, or other medical professional.
What is Klumpke paralysis or Klumpkes palsy?
Klumpke paralysis is a medical condition caused by damage to the brachial plexus. Named after one of the first notable American female physicians, Augusta Déjerine-Klumpke, this type of palsy is often caused by a birth injury.
Klempke’s palsy takes place when the first thoracic nerve and the eighth cervical nerve are damaged. The most common cause of this palsy occurs when an infant undergoes a tramatic delivery involving shoulder dystocia; that is, when a baby’s shoulder becomes trapped in the birth canal by the mother’s pelvic bone. In the case of Klempke’s palsy, an infant may have one arm extended above its head when trapped.
Those suffering from Klempke’s palsy may have a paralyzed hand, a claw hand, numbness, motor issues in the arm and hand, and ptosis (drooping eyelid).
While some cases of Klumpke paralysis cannot be prevented, others are the result of a doctor’s negligence, a hospital’s negligence, or a low standard of care. If you have a child who suffers from Klumpke’s palsy due to a difficult labor and birth, you may wish to speak with a Dallas injury lawyer about why the birth injury took place and whether the injury should have been prevented altogether.