What is Cerebral Palsy?

Cerebral palsy is a motor disorder that affects movement and posture. It may be caused by abnormal fetal development or by an injury that occurs during delivery. If the condition was a result of medical negligence, a cerebral palsy lawsuit may be the appropriate course of action.

The signs of cerebral palsy usually appear during infancy. The condition causes impaired movement, ranging from rigidity of the limbs to sudden reflexes and involuntary movements. Its effects vary widely from patient to patient. Some present intellectual impairment, or vision and hearing difficulties. Others have seizures. Therapy is available to help people manage the condition and control its symptoms.

What are the symptoms of cerebral palsy?

Cerebral palsy is an umbrella term that refers to a number of neurological disorders affecting body movement which appear in early childhood but don’t worsen over time. One of the root causes of cerebral palsy is an abnormality in the brain. Most children born with it will not display obvious symptoms until two or three years later. Common early signs include:

• Lack of muscle co-ordination (ataxia)
• Stiff or tight muscles
• Exaggerated reflexes
• Walking with one foot
• Leg dragging
• Walking on toes
• Crouched or “scissored” gait
• Stiff or floppy muscle tone

Whilst the majority of cerebral palsy sufferers are born with the condition, a few develop it after enduring some form of brain damage in the first few months of life. Bacterial infections, like meningitis and encephalitis, or head injuries sustained in a fall or accident are some of the causes of cerebral palsy that begins during infancy.

Cerebral palsy can be caused by a lack of oxygen to the baby during gestation, and very often no one person is at fault. But one of the main causes of cerebral palsy – and other motor disorders like Erb’s palsy –  is medical negligence. Injury might be caused by staff failing to follow standard protocols. In other cases, injury is caused by a communication breakdown between medical staff, or by nurses failing to properly monitor the baby’s vital signs during pregnancy. In cases like this, a cerebral palsy lawsuit can prove physician liability.

Some of the common allegations raised in cerebral palsy lawsuits are:

• Failure to perform a C-section in a timely manner
• Improper use of forceps
• Excessive use of vacuum extraction
• Failure to properly monitor baby’s heart rate
• Failure to control the pace of labor and delivery
• Inaction or inappropriate reaction at signs of fetal distress
• Failure to identify and treat a medical condition during prenatal care

What treatment is available?

There is no cure for cerebral palsy, but many children will go on to live nearly-normal adult lives if their condition is properly managed. As with most disorders, early detection is key. The earlier a family is aware of cerebral palsy, the sooner they can help the child via a number of treatments and tools:

• Physical and occupational therapy
• Speech therapy
• Drugs (to control seizures)
• Computer tools, including voice synthesizers
• Braces
• Corrective surgery
• Wheelchairs

The medical expenses associated with a lifelong, permanent condition like cerebral palsy are significant. In cases where medical malpractice is responsible for, or one of the main causes of cerebral palsy, the victim is entitled to compensation.

Should I file a cerebral palsy lawsuit?

Permanent injury caused by medical negligence at birth can result in a significant compensation payout. In instances where there has been a failure on the part of medical staff, parents and families of cerebral palsy sufferers have legal grounds for compensation to cover future medical expenses.

If the causes of cerebral palsy can be shown to be a result of medical negligence, a birth injury lawyer from Balkin & Eisbrouch can help you win compensation. Contact our offices for advice on proceeding with a cerebral palsy lawsuit. All initial consultations are free of charge, and we levy no fees unless we win compensation for your family in court.

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