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.
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Cerebral palsy is a birth injury caused by damage to the developing brain and is often linked to medical malpractice.Every year, more than 10,000 babies are diagnosed with cerebral palsy in the United States. This debilitating condition commonly causes mental, physical, and emotional disabilities in children. Many babies who suffer from cerebral palsy require extensive and costly medical treatment well into adulthood. Even though there are a variety of beneficial treatment options available for sufferers, they come at a significant cost.
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What is Cerebral Palsy?
Cerebral palsy is a set of non-progressive motor conditions that cause physical disabilities in newborns and growing children. This condition is permanent and has no cure. Although, it is important to know that with therapy, children may regain the ability to perform many tasks. Cerebral palsy is a condition that is caused by damage to the area in the child’s developing brain that controls their motor skills.
The term cerebral is used in the name to describe the region of the child’s brain that is impacted by the condition. Cerebral palsy primarily impacts the cerebrum, though other regions of the brain can also be harmed as well. Palsy is used to describe the spastic movements that people with this condition have.
People who have cerebral palsy can suffer an array of disabilities. Some people will only experience minor impairments, while others may not be able to do anything on their own and may have to rely on medication and assistance around the clock.
Cerebral palsy can be a costly condition to maintain. When children suffer from cerebral palsy as a result of medical negligence, it is important that their parents are well-educated about the legal options available to them. Injured children and impacted families may be entitled to compensation to help alleviate the costs of care and other related expenses.
Causes of Cerebral Palsy
In most cases, children who have cerebral palsy were born with it, quite often as the result of a lack of oxygen to the brain or body, premature birth, or trauma during the delivery process. It’s important to understand that just because a child is born with cerebral palsy doesn’t necessarily mean that medical malpractice occurred; even under the best of circumstances, with the highest quality of prenatal care, and proper delivery procedures, things can go wrong. However, when medical malpractice is believed to be the cause of a child’s diagnosis of cerebral palsy, the most common causes include:
- Failure to detect and/or properly treat infections such as meningitis during pregnancy
- Failure to properly monitor the fetal heart rate during labor and delivery
- Failure to detect the existence of a prolapsed umbilical cord during pregnancy
- Failure to plan and schedule a cesarean section procedure when the size of a baby prevents it from safely passing through the birth canal
- Making negligent and unreasonable errors when using instruments such as vacuum and/or forceps while delivering a baby (using them when not necessary or not using them when necessary)
- Brain bleeds
- Abnormal fetal positioning during the delivery process
- Being born with a low birth weight
- Mothers having infections that spread to their children
- Meconium aspiration syndrome
- Arrested or prolonged laboring processes
- When the mother experiences a uterine rupture
- When a uterine tachysystole occurs
- When babies are born prematurely
- When placental abruption occurs
- Periventricular leukomalacia (PVL)
Although these conditions do not always guarantee that your child will develop cerebral palsy, it is important to note that these and other preventable conditions can cause this disabling condition if the doctor, nurse, or attending physician is negligent. It is crucial to contact a Dallas cerebral palsy lawyer as soon as possible to discuss the legal options available to you.
Regardless of the reason for the development of the condition, you should also be aware of the three main types of cerebral palsy:
- Spastic cerebral palsy – This is the most common type of cerebral palsy and accounts for approximately 80 percent of the CP diagnoses. Patients with this type of cerebral palsy have great difficulty moving and suffer from stiffness because of tightness that exists in one or more muscle groups. They may also find it difficult to hold onto and release objects.
- Athetoid cerebral palsy – This type of cerebral palsy accounts for about 10 percent of all cases of CP. Patients usually experience involuntary movement, slurred speech, problems swallowing, low muscle tone, and are incapable of maintaining posture
- Ataxic cerebral palsy – Ataxic cerebral palsy accounts for the remaining 10 percent of cases. These patients usually suffer from problems with depth perception, tremors, difficulty coordinating movements of the muscles, and a distorted sense of balance.
Symptoms of Cerebral Palsy
Babies who suffer from cerebral palsy often exert a multitude of signs and symptoms. Although there is no single symptom that indicates a child has cerebral palsy, a combination of symptoms should be analyzed to determine if the condition is present and the severity. Some of the common signs and symptoms of cerebral palsy include:
- Children who have low birth weights
- Children with low APGAR scores
- Diminished crying after birth
- Children who experience seizures after birth
- Feeding problems
- Problems with breathing
- Those who have unusually large or small head circumferences
- Babies who have difficulties regulating their body temperatures
- Those who experience hypotonia
- Those who experience hypertonia
- Babies who suffer from anemia after birth
- Babies who have metabolic acidosis
There are a variety of behavioral indications of cerebral palsy as well. These can include any of the following:
- Children who have poor coordination and balance
- Those who suffer from spasms and involuntary movements
- Those who have problems bringing their hands together
- Children who have problems manipulating objects
- Children who tend to favor one side of the body over the other
- Those having the inability to reach developmental milestones
- Children who experience speech and language problems
- Children who have difficulties swallowing
- Children who drool excessively
- Those who are unable to see or hear correctly
- Suffering from cognitive impairments
- Children experiencing behavioral and emotional problems
- Children who have more reflex problems
- And those suffering from incontinence
There are some cases where therapy can help children suffering from cerebral palsy. However, there is no guarantee that children will ever fully gain the ability to function without assistance. Many families have a difficult time paying for the costly and continual care their children need, which makes it imperative for them to consult with a legal team as soon as possible to see what legal options are available to them.
Getting Help for Cerebral Palsy Caused by Medical Malpractice
Cerebral Palsy and Birth Injuries
Cases of cerebral palsy that result from birth injuries and delivery errors can be quite complex from both legal and medical perspectives. This is usually because there are highly-technical issues of treatment and questions about liability.
Attorney Jeff Rasansky and his team of experienced birth injury lawyers have the knowledge and expertise and may be able to help you receive compensation for your child’s injury, ensuring you are able to provide the best lifelong care your child deserves.
Notable Verdicts and Settlements
Some of Mr. Rasansky’s most notable cerebral palsy recoveries include:
- Hamilton v. Baylor Hospital et al., which at the time (2001) was the largest reported settlement in a Texas medical malpractice case.
- Jeff negotiated a settlement of more than $10 million in a case where an infant suffered catastrophic impairment while receiving medical treatment.
- Jeff represented two other children where he obtained a recovery of $4.5 million dollars for one, and another $2 million dollars for the other.
- Jeff also won a malpractice lawsuit on behalf of the family of a newborn infant who suffered a severe brain injury after labor and delivery.
Still unsure if Rasansky | McKenzie Law is right for you? Take some time to read the free books and reports that Jeff Rasansky has written on the subject of cerebral palsy.
At Rasansky | McKenzie Law, we always make the client our #1 priority. Our Dallas cerebral palsy lawyers will work with you in order to develop a strong case, and we will fight aggressively for every penny your child deserves. Even if you just want to discuss the details of your situation, give us a call at (214) 651-6100 for a free, no-obligation consultation.
Seeing your baby struggle with any type of impairment, injury, or medical condition can be devastating, especially when it could have been prevented. The mental and emotional impacts that families are forced to bear often affect their health and well-being. In numerous cases, children with cerebral palsy experience significant delays in both mental and physical development. This condition greatly impacts their health and quality of life. Although there are a variety of causes of cerebral palsy, far too many babies sustain this life-changing condition as a result of medical malpractice. If your baby sustained a birth injury that developed into cerebral palsy as a result of a negligent nurse, doctor, or medical professional, it is imperative that you seek legal guidance from a qualified and knowledgeable cerebral palsy attorney in Dallas. You may have legal options available to help your family move forward from the incident.
The Dallas medical malpractice attorneys at Rasansky | McKenzie Law have decades of experience fighting on behalf of injured Texans and their families. Our attorneys strive to help victims protect their legal rights and maximize their recoveries after being harmed. We truly understand the overwhelming consequences victims and their families are forced to endure after babies suffer cerebral palsy and the impact it can have on them throughout their entire lives. Not only does this condition prevent babies from thriving and living a normal life, they often leave children in need of constant care. It is crucial that you protect your legal rights and get the compensation you need for both immediate and long-term care.
Frequently Asked Questions
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.
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.
Speak With a Dallas Cerebral Palsy Attorney For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so at no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100.
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