Cerebral Palsy and Medical Negligence

Cerebral Palsy is often a term used to broadly covercoordination, poor balance, and an unusually wide gait.
a variety of neurological disorders affecting anThis is the least common form of Cerebral Palsy.
individual's ability to control muscle function. CerebralCerebral Palsy Dyskinetic: Common symptoms include
palsy is characterized as chronic and non-progressive,floppy muscle tone, difficulty walking, difficulty sitting,
with assorted symptoms that differ from person toinvoluntary movements, difficulty eating, trouble with
person. The United Cerebral Palsy Foundationspeech, and difficulty performing everyday tasks.
estimates that as many as eight hundred thousandThese symptoms may worsen under stress, yet
children and adults in the United States live with somebecome completely unnoticeable while sleeping.
form of the condition. It is also estimated that nearlyMixed Cerebral Palsy: This form of the disorder can
ten thousand babies born in the United States willcause a mixture of symptoms including floppy and
develop Cerebral Palsy. (Statistic courtesy of Thestiff muscle tone, and a wide range of dyskinetic
Centers for Disease Control and Prevention) Althoughmovements.
some people are able to lead completely normal livesChildren who experience symptoms usually also have
without the need for any major assistance, othersother issues with cognition, behavior, sensations,
may never be able to care for themselves properly.communication, and perception. Other medical issues
For these people, the expense of managing theirsuch as recurrences of pneumonia and seizures are
condition can be astronomical.common as well.
There are essentially three main causes of CerebralMany infants and children who suffer with Cerebral
Palsy. In general, the condition is due to abnormalPalsy may have to be cared for by a professional
brain development or a brain injury in the area thatover the course of their entire lifetime. This may
controls bodily movement. For years many physiciansmean regular physical, speech, drug therapy, and
believed Cerebral Palsy was due to complications thatsurgical treatments to help improve or correct
occurred during labor and delivery. Today, however,abnormalities. These individuals may also require
there seem to more definitive causes.orthotic devices such as braces, walkers, wheelchairs,
The first reason Cerebral Palsy can occur is due to aand even specialized communication aids such as
congenital issue. This means the abnormal brainvoice synthesizers.
development happened early on in the pregnancy, orIf you believe your child's Cerebral Palsy was a result
that damage occurred to the white matter of theof medical negligence it is absolutely essential that
brain in later stages of pregnancy. It can also be ayou meet with an experienced attorney that can
result of bleeding in the brain from a fetal stroke, andprovide you with the assistance you need. These
or loss of oxygen to the brain during labor andattorneys are a type of personal injury lawyer who
delivery.know exactly how to go about obtaining the justice
A very small number of cases develop after the timeyou deserve.
of birth, but before the age of three. These casesCompensation can be significant and can include:
generally come about because of a traumatic braincurrent and future medical expenses, pain and
injury from an accident or abuse, or due to a severesuffering, financial loss, and emotional distress. In
illness such as meningitis.many cases, you may be entitled to punitive
The third, and most difficult cause of Cerebral Palsydamages as well.
to accept, is due to an issue that arose during theYour attorney will be able to determine the validity
birthing process from medical negligence. This meansof your claim and make sure it meets the basic
that some action was taken by a member of theprinciples for trial. This means you must be able to
medical staff that could have or should have beenprove the medical professional did not act
avoided, resulting in an injury to the brain. Theseappropriately (within a reasonable standard of care)
mistakes could have happened at some point duringand that this failure resulted in the child developing
the pregnancy, during delivery, or even after delivery.Cerebral Palsy.
The symptoms can vary a great deal however thereThe process of filing this type of claim can be quite
are some key warning signs that you should becomplicated. Your attorney knows exactly how to
aware of. These symptoms include: failure to reachsee the process through the system, obtain all
key developmental milestones (such as walking ornecessary medical records, interview medical
crawling), abnormal muscle tone (such as a floppy orprofessionals, collect all needed evidence, and arrange
stiff appearance), an early hand preference, orfor expert witnesses to testify. Since these
persistent reflexes. In order to be sure of whetherattorneys typically work on a contingency basis, you
or not your child has developed the condition a fullpay nothing upfront.
medical exam needs to be carried out. This will beIf you are still unsure of whether or not you should
able to completely eliminate other movementcontact an attorney, consider these facts: The cost
disorders, or other types of medical conditions. It isof a lifetime of care for a child with Cerebral Palsy is
important to note, there are several forms ofover $920,000. This figure is in addition to the
Cerebral Palsy, as explained below.expenses of a person who does not have the
Cerebral Palsy Spastic: Identifiable by awkwardcondition and does not include costs for emergency
movements and stiff muscle tone. Other possibleroom or hospital visits, residential care, and other
symptoms can include, trouble with speech, inabilitymiscellaneous expenses. (Statistic courtesy of The
to eat, seizures, learning disabilities, weakness on oneCenters for Disease Control and Prevention) The
side of the body, and a "scissored gait". This type ofmonetary reward you may receive cannot repair the
Cerebral Palsy is the most common.damage that has occurred, but it can help to provide
Cerebral Palsy Ataxic: The most recognizablea positive future for you and your child.
symptoms of this form of the condition include poor