Cerebral Palsy Cases: Understanding Medical Negligence and Care Standards
What is Cerebral Palsy?
Cerebral palsy is a common disability that affects motor development and functioning in many childhoods. Cerebral palsy is a neuromuscular condition that causes several different types of symptoms, including spastic muscles, poor muscle coordination, poor balance, poor posture, and difficulty with fine motor skills. The symptoms and resulting complications of cerebral palsy can vary from mild to serious in nature.
At LawMD, our lawyers are doctors too! This means we understand cerebral palsy not only as trial attorneys but also as physicians who have decades of clinical experience in every aspect of the birthing process, diagnosing and treating harms to the baby caused by mistakes during labor and delivery, and providing for the long-term care of affected babies throughout their childhood into adulthood.
The four different types of cerebral palsy include the following:
- Ataxic cerebral palsy (poor coordination and balance)
- Dyskinetic cerebral palsy (uncontrollable movements)
- Spastic cerebral palsy (muscle stiffness)
- Mixed cerebral palsy, which is a mix of any of the other three types of cerebral palsy
A diagnosis of cerebral palsy affects each and every patient differently. While some may only suffer from slight dysfunction, others may suffer from extreme motor dysfunction and be forced to rely upon mobility aids.
Other common symptoms seen in those suffering from cerebral palsy include speech impediments, vision or hearing impairment, seizures, joint problems, and intellectual disabilities.
What Are the Different Causes of Cerebral Palsy?
When trying cerebral palsy cases, a birth injury lawyer looks for a link between the medical professional’s actions or inactions and the resulting disability of the victim.
Common causes include the following:
- An improper response to fetal distress
- Delays in the delivery of the baby
- Failure or refusal to perform a C-section
- Failure to diagnose a fetal or maternal infection
- Failure to observe or recognize an umbilical cord prolapse
- Inadequately or improperly using forceps or vacuum extractors
- Not identifying a breech presentation
Cerebral palsy can also sometimes occur after birth. An interruption of oxygen to the brain, which can occur before, during, or after birth, can result in cerebral palsy. Bleeding in the brain can cause a hematoma, which can result in brain damage and cerebral palsy. Delayed resuscitation, which can happen directly after birth, could result in brain damage. High levels of bilirubin, which can result when babies are discharged from the hospital too early, can lead to cerebral palsy.
Other common causes of cerebral palsy include maternal infections, premature births, severe jaundice, insufficient blood flow to the brain, congenital brain abnormalities, and birth trauma.
What is Medical Malpractice?
Newborn children often develop cerebral palsy during birth. This occurs typically due to factors that trigger brain damage, such as lack of oxygen in the brain, premature delivery, infections, and more. Babies can also be diagnosed with cerebral palsy due to medical negligence or recklessness. When doctors and their health care staff fail to provide adequate standards of care during pregnancy or delivery, the results could be cerebral palsy.
Medical malpractice involves the direct actions (or inactions) of healthcare providers that could cause catastrophic injuries, including birth injuries and cerebral palsy. Medical malpractice that ultimately results in cerebral palsy can have devastating and life-altering effects for both the newborn child and its family.
To file a medical malpractice lawsuit, you and your attorneys must establish that the injury occurred before, during, or immediately after birth, directly contributing to your child’s diagnosis and condition. You must show that the birth injury could have been prevented with standard levels of care. Finally, you must prove that medical professionals were responsible for the injury and disability.
What is the Role of Medical Negligence in Cerebral Palsy Cases?
When a doctor, surgeon, or other medical provider mismanages the labor and delivery process, it could potentially result in brain injuries and the development of cerebral palsy.
During labor, doctors and nurses must monitor vital signs to keep an eye out for babies in fetal distress. Failing to respond in a timely manner to signs of fetal distress could result in tissue damage or oxygen deprivation. When fetal distress does occur, there are many options that a physician may turn to remedy the situation. In some cases, an emergency C-section may be required. If the healthcare provider does not perform a C-section when the operation is required, it could result in brain damage.
Chickenpox, CMV, rubella, and bacterial infections of the placenta have all been linked to cerebral palsy. If the mother has an infection during pregnancy, it could significantly impact the developing fetus. Doctors are expected to monitor and treat infections.
During delivery, doctors are expected to use various types of medical tools to get the baby out safely, including vacuum extractors and forceps. Misuse of any of these medical tools could result in severe damage to the baby.
How to Prove Medical Malpractice Played a Part in Cases of Cerebral Palsy?
To prove medical negligence or malpractice in a lawsuit, you must provide evidence that your doctor or other health care practitioners fell short of the accepted standards of care and that, as a result, this injured the developing brain of your newborn child. The necessary elements for proving medical malpractice claims include showing that a doctor-patient relationship existed, establishing that the health care provider administered substandard care, stating that this negligence caused or contributed to an injury, and stating that the families suffered compensable losses as a result.
When seeking to prove a medical malpractice case, it is highly recommended that you work with attorneys experienced in this practice area. Our Washington, DC, law firm has decades of experience representing clients in medical malpractice cases, and we would be proud to represent your interests as you pursue a satisfactory outcome to your legal matters.
What Are Potential Damages Available for a Cerebral Palsy Claim?
With a successful medical malpractice lawsuit, it is possible to recover economic and non-economic damages in an effort to make you and your family financially ‘whole’ again.
Recoverable damages potentially include the following:
- Attorney legal fees
- Home and vehicle modifications for a disability
- Lost quality or enjoyment of life
- Medical bills related to permanent disability or cognitive impairment
- Medical devices, including mobility aids
- Mental health counseling
- Pain and suffering
- Parental lost wages and lost income earning capacity
- Past and future medical expenses
- Physical therapy, speech therapy, and occupational therapy expenses
- Prescription medications
- Special education expenses
Contact Us to Request a Free Case Evaluation Today
If you have a loved one who has a cerebral palsy diagnosis and you believe that medical negligence was the cause of this disability, please contact our law firm to discuss your case in more detail. At Law MD, our lawyers are doctors, too. Our birth injury team is comprised of a neonatologist, a pediatrician, and an OB-GYN surgeon, who bring their expertise in the medical field to their work as LawMD attorneys working on your behalf.
To learn more about our legal services, please contact us at 844-735-1024 to request a free consultation today.