Sage Datko  |  December 27, 2022

Category: Legal News

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Developing cerebral palsy during birth can lead to disability.

Birth injuries such as cerebral palsy can be overwhelming for parents and lead to a long road of disabling challenges and medical treatment for the child.

Instances of cerebral palsy may be the result of a doctor-caused birth injury. In those cases, the parents may choose to pursue a medical malpractice lawsuit to pursue compensation to cover medical costs, lost wages, and other damages.

Top Class Actions covers class action lawsuits and other legal issues, including birth injuries.

What is cerebral palsy?

Cerebral palsy is a group of disorders that impairs a person’s ability to move and maintain posture and balance, according to the Centers for Disease Control and Prevention. This is the most common motor disability diagnosed in children. Cerebral palsy is caused by damage to the developing brain or abnormal brain development.

There are many different reasons that a child could develop cerebral palsy. In some cases, the exact trigger that led to the diagnosis of cerebral palsy is not known.

Cerebral palsy causes include a traumatic head injury from a motor vehicle accident, an infant infection due to inflammation around the brain, maternal infections that impact the developing fetus, and lack of oxygen related to difficult labor or delivery.

Between 85 percent and 90 percent of cerebral palsy cases are caused by brain damage that occurs before or during birth, notes the CDC. This type of cerebral palsy is called congenital CP.

There is another type that is called acquired cerebral palsy. This type of CP is not very common and may occur at least 28 days following the birth as the result of a head injury or an infection such as meningitis. More frequently, cerebral palsy may result from a birth complication.

According to the National Institutes of Health, risk factors for developing cerebral palsy during birth include a low birth weight of fewer than 5.5 pounds or premature birth before the infant has reached 32 weeks. Twins or triplets may also be more likely to develop cerebral palsy, as are babies that are conceived with infertility treatments.

The health of the mother may also play an important role. Mothers who have thyroid problems or suffer from seizures may be more likely to give birth to a child with cerebral palsy. Infections, toxic substance exposure, and other health factors from the mother before birth can cause the condition.

However, in many cases, CP is caused by complications during the birth, including infection, placenta detachment, uterine rupture, or issues involving the umbilical cord.

What symptoms are present with cerebral palsy?

The symptoms of cerebral palsy will vary from one patient to another, though movement and coordination problems are the most common. Some notable symptoms include:

  • Variations in muscle tone (too stiff, too floppy, etc.).
  • Tremors.
  • Difficulty walking.
  • Abnormal gait (walking on toes, a crouched gait, knees crossing while walking, etc.).
  • Excessive drooling.
  • Swallowing problems.
  • Seizures.
  • Learning difficulties.
  • And more.

Doctors categorize cerebral palsy based on the main type of movement disorder that is involved. One or more movement disorders can occur because of cerebral palsy during birth, including ataxia such as poor balance and coordination, uncontrollable movement, or stiff muscles.

What are the indications that my child might have cerebral palsy?

If your child is younger than six months in age, the markers that may be indications of cerebral palsy can include the following:

  • If the head doesn’t stay in line with the body when you lift the infant up from their back
  • If they feel sloppy or stiff
  • If the infant overextends its neck and back

Children who fail to meet benchmarks for motor skills and speech may also have cerebral palsy.

cerebral palsy during birth from injuryHow is cerebral palsy treated?

Due to the many different symptoms which can occur with cerebral palsy, treatment and outcomes vary widely, explains the Mayo Clinic.

One patient might need special equipment to be able to walk and another might require more lifelong care and never become mobile without assistance. A person who has mild cerebral palsy might have a certain awkward nature but might not require any specific help.

Although exact treatment may vary depending on symptoms, treatment may include medications, therapy and surgery.

Medications for cerebral palsy can include muscle or nerve injections with a botulinum toxin like Botox or oral muscle relaxers like diazepam (Valium), dantrolene (Dantrium), baclofen (Gablofen, Lioresal), and tizanidine (Zanaflex).

Therapies such as physical therapy, occupational therapy, speech therapy, language therapy, and recreational therapy may help a child with cerebral palsy live their best lives. Physical therapy may help improve strength and mobility while occupational therapy can help with independence.

Surgery is a last resort treatment for cerebral palsy patients suffering from extreme muscle tightness or bone abnormalities from muscle spasticity. Orthopedic surgery can help correct severe bone and joint deformities or lengthen muscles and tendons which have been shortened. This can improve a patient’s mobility.

Another surgical intervention is the cutting of nerve fibers in spastic muscles. However, this surgery can cause numbness so it is usually reserved for severe cases where other treatments haven’t worked to provide relief to muscle tightness and pain.

When to see a doctor for a cerebral palsy diagnosis?

Parents should consult a doctor if there are any concerns about loss of awareness of surroundings, seizure or jerky bodily movements, impaired coordination, eye muscle imbalance, or other developmental issues.

Additionally, a blood test developed in 2020 may be able to determine which infants are at risk of developing the condition just hours after birth, according to research published in Science Daily.

The test focuses on two genes that may experience changes due to a lack of oxygen during birth. Understanding more about these gene changes may lead to increased knowledge about which children are at risk of developing the condition, the researchers said.

Although some birth complications are unavoidable, others may be caused by negligence by doctors. For example, if a doctor opted for a traditional delivery instead of a C-section despite risk factors for a difficult birth, resulting birth injuries may be traced to their negligence.

If the cerebral palsy is caused by a birth injury, parents might be able to pursue a lawsuit against the medical professionals involved if it is believed that the doctors and/or nurses did not respond promptly to indications of distress or failed to carry out appropriate medical procedures that could have prevented the injury. A birth injury may even be an option if symptoms were delayed.

Do YOU have a legal claim? If your child suffered severe birth injuries within the past two years, you may have a legal claim. Fill out the form on this page now for a free, immediate, and confidential case evaluation. The medical malpractice attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual birth injury lawsuit or class action lawsuit is best for you. [In general, birth injury lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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