Cerebral palsy is generally caused by an injury to the brain before, during or just following the birthing process. Birth injury lawsuits arise when these injuries are caused by medical malpractice.

Brain damage that happens to a child while the brain is still developing can affect the following:

• Muscle control
• Muscle tone
• Muscle coordination
• Posture
• Reflex
• Oral motor skills
• Fine motor skills
• Gross motor skills

Birth injuries can result from a number of factors, such as premature birth, infection or an unhealthy mother, but sometimes they are the result of medical malpractice or mistakes on the part of doctors and nurses.

In many cases, birth injuries like cerebral palsy (CP) can be serious and can cause a lifelong condition or disability. If caused by medical malpractice, seeking the assistance of a birth injury lawyer can help parents obtain compensation to pay for lifelong medical care as well as other costs for their injured child.

An experienced birth injury attorney can help you understand if your child’s cerebral palsy was caused by factors that could have been prevented. 

Are birth injuries caused by medical malpractice?

Birth injuries are most often caused during a difficult birth or one in which a doctor has to use tools or extreme measures to assist the birthing process. If required, doctors may need to help extract the child by using obstetrical forceps, a vacuum extraction method or a cesarean section.

Not all birth injuries are the result of medical malpractice. Some birth injuries are unavoidable during a difficult birth and are caused by natural occurrences, such as issues involving the umbilical cord. However, in some cases, birth injuries could be avoided through better practices by medical professionals.

Some common birth injuries that can be caused by situations described above and are often linked to medical malpractice are:

• Brachial plexus injuries
• Cerebral palsy
• Erb’s palsy
• Intellectual disabilities
• Klumpke’s palsy
• Oxygen deprivation
• Retinopathy of prematurity

Some of these conditions may not be apparent immediately after birth, so it may be hard for new parents to identify problems until the child begins to grow and develop.

What causes cerebral palsy?

Brain damage is one of the most common forms of birth injuries, and one of the most devastating. Brain damage can occur in a range of ways and result in a variety of conditions that can have lifelong effects.

One condition caused by brain damage during birth is cerebral palsy. Many parents who have children with cerebral palsy may not know that their child’s condition may have been caused by medical malpractice and could have been prevented. Unfortunately, cerebral palsy is the most common motor disability in children. According to the CDC, around 1 in 345 children have been diagnosed with CP.

There are four primary types of cerebral palsy which vary depending on their primary symptoms. The main types include:

• Spastic cerebral palsy: Most common type of CP which involves increased muscle tone and stiff muscles. This can lead to awkward movements and pain. Around 75% to 85% of children with CP have spastic CP.
• Dyskinetic cerebral palsy: This type of CP involves difficulty controlling the hands, arms, feet and legs due to dyskinesia (uncontrollable movements). The slow and writhing or rapid and jerky movements associated with this condition can make it difficult to sit and walk.
• Ataxic cerebral palsy: This type of CP includes ataxia or issues with balance and coordination. Quick movements, fine motor control and steady walking may a problem with this condition.
• Mixed cerebral palsy: This type of CP includes symptoms and issues seen from the preceding three forms of CP. Spastic-dyskinetic is the most common type of mixed CP.

Cerebral palsy symptoms can vary from minor muscle control problems to extreme disabilities in which a child is unable to walk or talk. Over half of children with CP are able to walk independently, but many still struggle with mobility for the rest of their lives. Although the condition doesn’t get worse over time, a child’s symptoms may change over the course of their lifetime.

There is no cure for the condition, so parents of children with CP may spend the rest of their lives providing specialized care for their child. Treatment may include medicines, surgery, braces and various forms of therapy including physical therapy, occupational therapy and speech therapy.

CP may be associated with other conditions such as intellectual disabilities, seizures, spine problems such as scoliosis, joint issues and problems with vision, hearing and speech. All of these co-conditions can require additional accommodations and treatment for children.

While cerebral palsy is a lifelong condition, in some cases, cerebral palsy in children does not present for a few years, so parents may not realize it was caused by medical malpractice.

Unfortunately, medical malpractice leading to cerebral palsy can cause lifelong hardships for both parents and children.

A birth injury lawyer has access to medical experts who will be able to help you determine what caused your child’s cerebral palsy. If the injury is found to have been preventable, you may qualify to file a birth injury lawsuit against those who were responsible.

A birth injury lawsuit can help recover significant compensation for the family, which may come as a welcome relief for parents who have been hit hard by the financial toll of the injury.

Fill out the form on this page for more information or call (800) Baby Law (1-800-222-9529).