Cerebral palsy is not a disease, but a neurological disorder caused by damage to a child's brain while it is still developing—usually up until the age of three or five. This condition affects an estimated 764,000 people in the United States, and another 8,000 to 10,000 are diagnosed with this condition every year.
Cerebral palsy can inhibit:
- Body control
- Muscular coordination
- Muscle tone
- Motor skills
- Posture
- Reflexes
- Balance
Are All Cases of Cerebral Palsy Caused by Medical Negligence?
One of the most common questions we receive as birth injury attorneys is "what causes cerebral palsy?" While in many cases the disorder is caused by a medical mistake or neglect, there are many other cases where that is not the case.
While all cases of cerebral palsy stem from injury or malformation of the brain (such as periventricular leukomalacia, hypoxic-ischemic encephalopathy, intraventricular hemorrhage, or cerebral dysgenesis) this doesn't always indicate malpractice. If you are unsure what caused your son or daughter to be born with cerebral palsy, we invite you to contact our Dallas cerebral palsy lawyers for a free review of your case.
What Are the Symptoms of Cerebral Palsy?
The symptoms of cerebral palsy can vary depending on the severity of the person’s condition. Some of the more common coordination and movement-related symptoms include:
- Seizures
- Difficulty speaking or in speech development
- Difficulty eating
- Difficulty swallowing
- Excessive drooling
- Difficulty walking
- Favoring one side of the body over the other
- Delayed development of motor functions
- Athetosis
- Involuntary tremors
- Ataxia
- Stiff muscle movements
- Spastic muscle movements
- Excessively floppy or stiff muscle tone
Common Causes of Birth Injuries by Medical Malpractice
Medical malpractice refers to negligence or errors committed by healthcare professionals during the treatment or care of patients. Here are some ways medical malpractice can lead to cerebral palsy:
- Birth Trauma: Improper use of delivery tools such as forceps or vacuum extractors can cause birth trauma, resulting in brain injury and subsequently cerebral palsy. Medical professionals may misuse these tools or apply excessive force during delivery, leading to brain damage in the newborn.
- Delayed Delivery: Prolonged labor or failure to perform a timely cesarean section (C-section) when medically necessary can result in oxygen deprivation (asphyxia) to the baby's brain. Lack of oxygen during birth can cause brain damage, leading to cerebral palsy.
- Failure to Monitor Fetal Distress: Healthcare providers are responsible for monitoring fetal distress during labor and delivery. Failure to recognize signs of distress or respond appropriately can result in oxygen deprivation, leading to brain injury and cerebral palsy.
- Medication Errors: Administering incorrect medications or improper dosages to the mother during pregnancy or labor can have adverse effects on the developing fetus, potentially leading to cerebral palsy.
- Inadequate Prenatal Care: Inadequate prenatal care, including failure to identify and address maternal infections or other health conditions, can increase the risk of complications during pregnancy and childbirth, which may contribute to cerebral palsy.
- Mismanagement of High-Risk Pregnancies: Medical professionals have a duty to provide specialized care for high-risk pregnancies. Failure to properly manage conditions such as preeclampsia, gestational diabetes, or placental abnormalities can result in complications that increase the risk of cerebral palsy in the newborn.
- Failure to Diagnose or Treat Neonatal Jaundice: Untreated or improperly managed neonatal jaundice can lead to a condition called kernicterus, which can cause brain damage and cerebral palsy if bilirubin levels become excessively high.
- Infection Control Failures: Inadequate infection control practices during labor and delivery can lead to neonatal infections such as meningitis or encephalitis, which may result in brain damage and cerebral palsy if not promptly diagnosed and treated.
Various parties may be held responsible, including obstetricians, nurses, midwives, hospitals, and healthcare facilities. If medical malpractice or negligence contributed to the birth injury, the healthcare providers involved may be held liable. Additionally, manufacturers of defective medical devices or drugs used during pregnancy or childbirth could also be held accountable.
What Are the Long-Term Effects of Cerebral Palsy?
In some cases, cerebral palsy is relatively minor, but in other cases, the condition can severely impact the individual’s life. These symptoms are life-long. There is no cure for cerebral palsy, though therapy and other treatments can help bring some improvements over time.
Depending on the severity of the condition, people diagnosed with cerebral palsy could face any number of development issues, including:
- Physical disabilities like scoliosis
- Lack of muscle tone and development
- Difficulty speaking due to issues with muscle coordination
- Issues with manual coordination
- General delays in reaching early childhood milestones like rolling over, sitting up, crawling, etc.
- Difficulty walking due to tendon and muscle stiffness
If your child was diagnosed with cerebral palsy, it may be the fault of a doctor or nurse. You need to seek legal help immediately to see if you have a birth injury case on your hands.
Contact Aldous Law for a Free Consultation of Your Case
In many cases, cerebral palsy is the result of medical error or negligence. Working closely with an attorney who has experience in these types of cases could prove life changing for both you and your child. Our team at Aldous Law is here to help you. We have years of experience and have tried hundreds of birth injury cases. We know how to take your case the distance—and we’re ready to do so.
Speak with our Dallas cerebral palsy attorneys at your earliest convenience for more information about how our team can help you.
