Cerebral Palsy (CP) is the result of traumatic injury that occurs to the brain during birth or shortly after. Congenital CP is the most common type of traumatic birth injury.
It affects 85% to 90% of CP patients. CP related to abnormal brain development from damage done during birth is called congenital CP.
There are other causes of it, but when it occurs at birth, it is typically because of medical negligence or medical mistakes.
It is frequently caused when a baby is being delivered using birth-assisting tools like a vacuum or forceps. If they are used with excessive force or incorrectly, they can damage the brain.
CP affects muscle tone, balance, and movement. It hinders the normal development of the brain or causes damage in the areas that control motor functions. It is seen in about three out of every live births in the U.S.
Symptoms of Cerebral Palsy
As soon as it is suspected that a baby has CP, it is essential to seek help from a personal injury lawyer. The condition is typically not formally diagnosed until a child is two or three years old.
However, there will be symptoms before this age. There will generally be delays in reaching developmental milestones related to movement. Children with CP roll over, sit, crawl, and walk later than normal children.
Additionally, some children may have exaggerated reflexes or floppiness in their limbs or upper body.
Others may have spasticity, which may manifest with shaking, a stiff upper body or limbs, and clenched fists. An unusual gait or uncontrolled, spasm-like movements may also be seen.
Some children may also have:
- Sight, hearing, and/or speech impairments
- Seizures
- Learning disorders
- Behavioral problems
- Respiratory problems
- Gastrointestinal problems
- Bladder and bowel problems related to lack of control
- Bone abnormalities such as curved and rotated backbones and hip dislocation
Getting Justice For Cerebral Palsy, Which Could Have Been Prevented
Broadly speaking, birth injuries can be prevented. Another sad fact about them is that sometimes the damage they cause cannot be reversed.
Cerebral palsy cannot be cured. Children who sustain it through a birth injury have to live with it for the rest of their lives.
One challenge with CP is that it may take time to diagnose. Some children are two years old before they are diagnosed.
Additionally, healthcare providers are not required by law to report any medical mistakes they make to patients, parents of minors, or a governing board.
Therefore, if you find out down the road that your child has CP and believe it is the result of a birth injury, it falls on you to prove the same.
Another factor that makes this difficult and complicated is that CP may occur even with very good medical care.
Also, the liability may lie within anyone who was part of a birth, including an obstetrician, nurse, technician, or support staff. Part of proving your case will involve proving the medical mistake that was made and who made it.
Proving Your Case
Since proving medical negligence is difficult. You will need to seek help from a personal injury lawyer who specializes in birth injuries, including CP.
This condition is already a challenge to deal with because of the physical and emotional difficulties it puts a child through. The effect is also felt by their parents, who have to watch them endure it.
Additionally, there is the cost of caring for a special care child, including medical treatment, therapy, and the purchase of aids such as for walking.
It may force a parent who was working and generating income to forgo it to take care of their special needs child.
The other alternative would be to hire a care provider, which is more expensive than standard child care. Loss of income is a factor that your lawyer will take into account and ensure you get compensation for.
Justice For Yourself And Your Baby
Your birth injury attorney will start by evaluating the facts of your case. Filling out an online form and giving them the details will enable them to give you a free evaluation.
If you have a case, your attorney will come up with a plan. It will involve gathering evidence that will prove your case beyond a shadow of a doubt.
Sadly, the CP will not change, but the narrative will give you the compensation you deserve so you can care for your child.
