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.
An Infection in the Womb. A Baby’s Developing Brain. And a Medical Team That May Not Have Moved Quickly Enough.
Chorioamnionitis, also called intra-amniotic infection (IAI), is an infection involving the amniotic fluid, the membranes surrounding the baby, and sometimes the placenta itself. It is caused most commonly by ascending bacteria from the vaginal tract and is associated with prolonged rupture of membranes, prolonged labor, and multiple cervical exams. When chorioamnionitis is diagnosed or suspected, prompt antibiotic treatment and careful fetal monitoring are required, and in many cases, expedited delivery is necessary to protect both mother and baby.
The danger to the newborn is not only from the infection itself but from the fetal inflammatory response it triggers. Inflammatory cytokines can cross into the fetal brain and cause direct neurological injury, independent of oxygen deprivation. This means that even in cases where the birth does not involve an obvious emergency, a baby exposed to untreated or prolonged intra-amniotic infection can sustain permanent brain injury.
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When Chorioamnionitis Becomes a Birth Injury Lawsuit
- Failure to recognize the clinical signs of chorioamnionitis, maternal fever (temperature ≥ 38.0°C), fetal tachycardia, uterine tenderness, purulent vaginal discharge, and maternal tachycardia
- Failure to initiate broad-spectrum antibiotics promptly after diagnosing intra-amniotic infection
- Failure to escalate to delivery when the clinical situation, such as worsening fever, deteriorating fetal status, lack of response to antibiotics, or any other reason
- Failure to evaluate the newborn for neonatal sepsis after delivery from a chorioamnionitis-complicated pregnancy
- Inadequate neonatal resuscitation of a baby born to an infected intrauterine environment
Maternal and Neonatal Consequences
For the mother, untreated or poorly managed chorioamnionitis can cause: postpartum endometritis, pelvic abscess, septicemia, and, in extreme cases, maternal septic shock. For the baby, the consequences can include: neonatal sepsis; meningitis; pneumonia; hypoxic-ischemic encephalopathy through the combined effects of infection, inflammation, and delivery complications; and cerebral palsy and developmental disability as long-term outcomes.
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.
Chorioamnionitis FAQs
Can chorioamnionitis cause cerebral palsy?
Yes. Multiple clinical studies have established a link between intra-amniotic infection and cerebral palsy, particularly in term infants. The mechanism involves both direct inflammatory injury to the developing brain and the combined effects of infection and oxygen deprivation during labor. When chorioamnionitis signs were present and not acted upon, and the child later develops CP, the infection and its mismanagement are important pieces of the causation analysis.
What if the fever were treated with Tylenol rather than antibiotics?
This is a clinically significant pattern that appears in malpractice cases. Managing a maternal fever with antipyretics while failing to diagnose and treat the underlying infection masks the clinical picture without addressing the root cause. If antibiotics were not ordered despite a clinical presentation consistent with chorioamnionitis, that failure may constitute a departure from the standard of care.
Is chorioamnionitis always the hospital’s fault?
No. Ascending infection is a recognized obstetric complication. The legal question is not whether the infection occurred, but whether the medical team recognized it promptly, treated it appropriately, and protected the baby from the harm that the infection could cause. When the documentation shows that warning signs were present and ignored, or that antibiotics were delayed for hours after the diagnosis should have been made, negligence may be established.
If your baby was born during or after a chorioamnionitis-complicated labor and has been diagnosed with brain injury, cerebral palsy, or developmental delay, call Rasansky | McKenzie Law. Our Dallas birth injury lawyers will review the prenatal, labor, and neonatal records at no cost.