Cerebral Palsy (CP) is a disease of movement disorders caused by brain damage. The movement disorders may include muscles that do not work, muscles that are prone to spasms, or to shaking. In many cases, CP victims spend much of their lives in a wheelchair. One or both legs may not work; the limbs may be rigid or uncontrollably loose.
Additional characteristics of the disease may include mental retardation, learning disabilities and difficulties with vision or hearing. In some cases, mental functions for a CP patient may be perfectly normal and the disabilities from the disease confined to muscular problems in the limbs.
Causes of Cerebral Palsy
CP is a condition caused by brain damage before birth, during birth, or during infancy. A primary cause may be insufficient oxygen; that condition can occur during birth if the baby is a breach birth or if the umbilical cord is wrapped around the neck. Brain damage prior to birth can be caused by the mother’s drug use, malnutrition, shock from trauma such as an auto accident, or a severe infection.
Among the most common causes of cerebral palsy is ataxia, or lack of oxygen – a condition that can arise during a difficult birth. That is one reason why CP births lead to a large number of medical malpractice actions. Other causes such as malnutrition or premature birth can sometimes be construed as poor management of a pregnancy on the part of the physician.
Cerebral Palsy Lawsuits
Cerebral palsy is among the most common reasons for medical malpractice suits. Because CP cannot be diagnosed at birth, many of those suits are filed after the child’s delayed development or physical problems become evident. While medical personnel will maintain that most causes for CP occur prior to birth, many parents and their attorneys disagree.
There are a hundred things that can go wrong during a birth, from a Caesarean procedure that comes too late, to a rupture uterus, to ataxia developing in the birth canal or as the result of a tangled umbilical chord. The birth of a healthy child is also subject to the nine months of prenatal care, some of which can become a medical issue.
A child with cerebral palsy is going to become an adult without full use of all his/her faculties. The emotional pain and financial costs associated with supporting a family member in this condition is one reason why so many malpractice suits originate in the labor room.
If you are concerned about your toddler’s development, discuss your observations with your pediatrician and see what you can learn from an occupational therapist who works with very young children. You should also seek expert legal help from an attorney who is experienced with medical malpractice. Call our office today and we will put you in touch with an experienced attorney who can give you a knowledgeable, in-depth analysis of your case at no charge.
