Birth injury cerebral palsy is a devastating complication that new infants and parents sometimes face.

While not all cases of this birth defect occur from medical malpractice, cases do exists where birth injury cerebral palsy is the result of a medical professional’s negligence.

Cases of birth injury cerebral palsy may be linked to:

• Failure to identify when a C-section was needed, or to plan one in case of large baby or difficult birth position
• Improperly using forceps or vacuum extraction during childbirth
• Failure to identify and treat infection
• Failure to identify and treat meningitis in mother during pregnancy
• Failure to identify or properly monitor fetal heart rate during labor, and failing to notice signs of fetal distress
• Failure to properly monitor the mother during labor
• Failure to identify and treat prolapsed umbilical cord

In each of the scenarios listed above, birth injury cerebral palsy could develop as a result of medical malpractice.

Overview of Birth Injury Cerebral Palsy

Cerebral palsy is a neurological disorder affecting an infant’s ability to move and speak. It can occur when too much force is used to pull an infant out of the birth canal or if the infant is left inside the mother too long.

Birth injury cerebral palsy can range in severity, but most parents have to devise an infant care plan for treatment and therapy soon after birth. The most common causes of cerebral palsy include lack of oxygen to the brain, head trauma, meningitis, and infection. Infants are at higher risk for cerebral palsy if they are born premature, or if they are born to mothers over the age of 40 or under 20.

It is important to note that cerebral palsy is not always diagnosed immediately after birth. Pediatricians and specialists look for signs of poor head control, poor feeding, developmental delays, and limpness or stiffness in joints. In addition, there are multiple types of cerebral palsy that a child can be diagnosed with:

• Spastic Cerebral Palsy: 70% of infants’ experience, characterized by underdeveloped rigid limbs and joints. This condition can affect mobility and use of the arms and legs.
• Athetoid Cerebral Palsy: 20% of infants’ experience, characterized by slow and involuntary movements of upper and lower limbs.
• Ataxic Cerebral Palsy: 10% of infants’ experience, characterized by weakness or lack of coordination with fine motor skills.
• Mixed Cerebral Palsy: Some cases involve multiple varieties of cerebral palsy.

Approximately 8,000 children are diagnosed with cerebral palsy every year in the United States, with 30% of these children also suffering from seizure disorders. The cost of care for a child with cerebral palsy can be enormous, depending on the different types of therapies needed.

Regardless of the severity of the condition, birth injury cerebral palsy can impact the quality of life of the infant and the parents. Parents can potentially sue for damages including:

• Past and Future Medical Expenses
• Costs of Different Types of Therapy
• Pain and Suffering