Protecting children’s futures after preventable birth injuries
Cerebral palsy (CP) and hypoxic-ischemic brain injuries (HIE) can occur when a baby is deprived of oxygen before, during, or shortly after birth. These injuries are often preventable with appropriate fetal monitoring, timely responses to signs of distress, and adherence to accepted standards of obstetric care. When medical providers miss critical red flags, the result can be lifelong motor, cognitive, and developmental challenges for a child and significant emotional and financial strain for the family.
Our birth injury team investigates what happened, why it happened, and who is responsible. We work with leading medical experts to review prenatal records, labor-and-delivery charts, and neonatal care to determine whether negligence played a role. If the standard of care was breached, we pursue accountability and the resources your child will need for therapies, assistive technology, and long-term support. If you suspect an avoidable error contributed to cerebral palsy or a hypoxic brain injury, contact us for a free, confidential consultation.
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Was Medical Malpractice the Cause of My Child’s Cerebral Palsy?
Medical malpractice by an ob/gyn before or during delivery is not the only cause of this birth injury. A child may have cerebral palsy through no fault of the obstetrician, nurses and the rest of the medical team. The mother, for example, may have developed an infection that results in brain damage to the baby while in the womb.
In other cases, CP is the result of a mistake by the obstetrician or treating doctor. If the head injury or lack of oxygen that causes the brain injury may have been prevented by a doctor’s performance of the medical standard of care, then a medical malpractice attorney should be contacted to determine whether a lawsuit should be brought. A review of the medical file may determine that the injury was caused by the failure to detect or treat an infection during pregnancy, the failure to perform a C-section when the baby is too large or otherwise in fetal distress, or the negligent use of medical instruments, such as a vacuum or forceps, during delivery.
What Will a Medical Malpractice Lawsuit Accomplish?
Many families file a medical malpractice lawsuit because there is no other way to afford the high costs of care for individuals with a brain injury. The costs of raising a child with CP can be extraordinary.
On average, cerebral palsy adds roughly $1 million in costs to the raising and medical care of an individual. When combined with the potential for lost wages and the high toll of pain & suffering, the birth injury can be quite costly on a family.
About Cerebral Palsy
The name Cerebral Palsy is one that you hear quite a bit in the medical community as well as in many other circles though you might be unsure as to what it is. Let’s discuss in depth what cerebral palsy entails and how it affects those who are suffering from it.
What is Cerebral Palsy?
CP is the term for a group of disorders that impair muscle coordination. It is a permanent condition that develops during pregnancy or shortly after the birth of the child.
Unlike many other diseases or afflictions, Cerebral palsy is not limited to a single disability or illness, it is in fact a group of permanent disorders, each one bringing a different detrimental effect to the table. Some of the common issues attributed to it include:
- Inhibition of Movement
- Posture Issues
- Activity Limitation
Also, bear in mind that cerebral palsy affects the ability to think, learn, and communicate with 58% of those affected reporting issues with communication. In addition to that, 42% suffer from vision related issues while around 40% exhibit some type of learning disability.
What are the symptoms of Cerebral Palsy?
In the previous section, we did mention some of the symptoms, encompassing everything from communication, to epilepsy, and even vision related issues.
Other symptoms however manifest themselves in a more physical form, for example, abnormal muscle tone, lack of motor development, lack of coordination, and contractures.
You will also notice spams and other involuntary movements including facial gestures in the affected individual. There are a wide range of different issues that can affect the individual and they must all be taken into account when making a diagnosis. More important, however, is the cause of cerebral palsy.
What is the cause of Cerebral Pasly?
There are several different causes of cerebral palsy with the condition normally being discernable shortly after childbirth. The following are some of the suspected causes:
Preterm Birth – It is estimated that 50% of children who develop cerebral palsy in their life were born prematurely with most cases thought to be the result of issues stemming from the actual birth. Multiple birth infants are also likely to develop CP, and one of the indicators is a lower birth weight.
Genetics – This is not a major factor, but about 2% of CP cases are inherent and, in most cases, both parents must be carriers, otherwise it’s not likely that the child will suffer from it.
Childhood – Finally we come to the cause that most people are concerned with – the potential for contracting cerebral palsy during early childhood. Exposure to certain toxins can trigger the disorder (lead poisoning), and it could also be brought on by jaundice, brain injury(physical), near drowning, meningitis, and several others. Some these are preventable, some are not, it all depends on the situation, but if you find that your child is in a position where they have been affected by these factors, and if it was preventable, you have a case that needs to go forward immediately.
How do you treat Cerebral Palsy?
There is no cure for cerebral palsy as the brain injury can not be healed. However, medical treatment allows many individuals with CP to improve their quality of life and reduce the complications from their injury.
Depending on the severity of the condition, treatments range from physical therapy, medical devices, medicines to control the symptoms of CP, pain management and even surgery.
These treatments may allow an individual with cerebral palsy to become more independent, improve their mobility, control pain and otherwise improve their life.
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