Medical Malpractice - Birth Injuries

Tragically, severe injuries can occur during pregnancy,Movement Problems
labor, or shortly after birth.The next step in diagnosing cerebral palsy is ruling out
Many parents face the challenge of providing for athe other disorders that may cause movement
child with special needs and seeking to secure theproblems. Most importantly, doctors must determine
child's future care and treatment. If medical errorthat the child's condition is not getting worse.
caused the child's injury, a medical malpractice claimAlthough its symptoms may change over time,
may be possible, to help ensure financial security forcerebral palsy by definition is not progressive. If a
potentially staggering medical and financial costs. Whilechild is continuously losing motor skills, the problem is
most injuries or illnesses are usually not caused bymore likely to spring from other problems, like genetic
medical treatment errors, others are linked closelydiseases, muscle diseases, metabolism disorders, or
with medical negligence or medical mistakes. Thus, ittumors in the nervous system. The child's medical
is necessary to take a close look, to determinehistory, special diagnostic tests, and, in some cases,
whether a birth injury was caused by a physician orrepeated check-ups can help a physician determine
hospital mistake, or if the birth injury was somethingwhether or not disorders are at fault.
that simply could not be avoided.CT Scan
Cerebral palsy is one major group of illnesses, whichThe doctor may also order special tests to learn
may result from avoidable medical mistakes.more about the possible cause of cerebral palsy in an
Medical History of Cerebral Palsyindividual child. One test is computed tomography, or
In the 1860s, an English surgeon named William LittleCT, which is a sophisticated imaging technique that
wrote the first medical descriptions of a puzzlinguses x-rays and a computer to create an anatomical
disorder that struck children in the first years of life,picture of the brain tissues and structures. A CT scan
causing stiff, spastic muscles in their legs and, to amay reveal brain areas that are underdeveloped,
lesser degree, in their arms. These children hadabnormal cysts (sacs often filled with liquid) in the
difficulty grasping objects, crawling, and walking. Asbrain, or other physical problems. With the information
they grew up, they did not get better, but they didfrom CT scans, doctors may be better equipped to
not get worse. Their condition, which was calledjudge the long-term outlook for an affected child.
Little's disease for many years, is now known asMRI Scan
spastic diplegia. It is just one of several disorders thatMagnetic resonance imaging, or MRI, is a brain imaging
affect control of movement and are grouped undertechnique used to identify brain disorders. This
the term cerebral palsy.technique uses a magnetic field and radio waves,
In fact, cerebral palsy is an umbrella-like descriptionrather than x-rays. An MRI gives better pictures of
for several chronic disorders impairing control ofstructures or abnormal areas located near bone than
movement, which appear in the first few years ofa CT scan.
life and generally do not worsen over time. The termUltrasonography
cerebral refers to the brain's two halves, orAnother test that exposes problems in brain tissue is
hemispheres, and palsy means any disorder thatultrasonography, or ultrasound. This technique
impairs control of body movement. Thus, problems inbounces sound waves off the brain and uses the
muscles or nerves do not cause these disorders.pattern of echoes to form a picture, or sonogram, of
Instead, faulty development or damage to motorits structures. Ultrasonography can be used with
areas in the brain, disrupt the brain's ability to controlinfants before the bones of the skull harden and
movement and posture adequately.close. Although it is less precise than CT and MRI
Symptoms of cerebral palsy range in severity. Anscans, this test can detect cysts and structures in
individual with cerebral palsy may have difficulty withthe brain, is less expensive, and does not require long
fine motor tasks, such as writing or cutting withperiods of immobility.
scissors; experience trouble maintaining balance andEEG
walking; or have involuntary movements, such asIf the doctor suspects a seizure disorder, he or she
uncontrollable writhing motion of the hands. Themay order an electroencephalogram, or EEG. During
symptoms differ from one person to the next, andthis test, special patches called electrodes are placed
may even change over time in the individual. Otheron the scalp and will record the natural electrical
medical disorders, like seizures or mental impairment,currents inside the brain. The recording can help the
may affect some people with cerebral palsy.doctor see patterns in the brain's electrical activity
Contrary to common belief, cerebral palsy does notwhich suggest a seizure disorder.
always cause profound disability. While a child withThe Intelligence Test Issue
severe cerebral palsy might be unable to walk andIntelligence tests are often used to determine if a
need extensive, lifelong care, a child with mild cerebralchild with cerebral palsy is mentally impaired.
palsy might require limited special assistance. CerebralHowever, some children's intelligence may be
palsy is not contagious and not usually inherited fromunderestimated because problems with movement,
one generation to the next. At this time, there is nosensation, or speech due to cerebral palsy make it
cure, although scientific research continues to yielddifficult for them to perform well on these tests.
improved treatments and methods of prevention.Medical Problems Related to Cerebral Palsy
The United Cerebral Palsy Association estimates thatPhysicians will look for other conditions linked to
more than 500,000 Americans have cerebral palsy.cerebral palsy, including seizure disorders, mental
Despite advances in preventing and treating certainimpairment, and vision or hearing problems. For
causes of cerebral palsy, the number of children andpotential vision problems, the doctor may recommend
adults it affects has remained essentially stable, oran examination by an ophthalmologist. If the treating
may have risen slightly over the past 30 years. Thisphysician suspects hearing impairment, he or she may
is partly because more critically premature and frailrefer the patient to an otologist. Identifying these
infants are able to survive with improved neonatalaccompanying conditions is important and is becoming
intensive care. Unfortunately, many of these infantsmore accurate as ongoing research yields advances
have developmental problems of the nervous systemthat make diagnosis easier. Specific treatments may
or suffer neurological damage. Medical research isaddress many of these conditions, to improve the
under way to improve care for these infants.long-term outlook for those with cerebral palsy.
Early SignsWhat Causes Cerebral Palsy?
The signs of cerebral palsy usually appear before 3Often, parents of children with cerebral palsy are led
years of age, so that parents often are the first toto believe that their child suffers from a birth defect
suspect that their infant is not developing normalthat was unavoidable. Rarely are they told that
motor skills. Frequently, infants with cerebral palsy aremedical errors caused their child's disability. Many
slow to reach developmental milestones, such asparents feel that there is no way to know what
learning to roll over, sit, crawl, smile, or walk.caused cerebral palsy and are unaware of the ways
Sometimes this is called developmental delay.to search for answers. The reality is that cerebral
Some affected children have abnormal muscle tone.palsy is sometimes the result of a medical mistake
Decreased muscle tone is called hypotonia andthat deprived a child of oxygen during pregnancy,
caused a baby to seem flaccid and relaxed, evenoften while the mother was in labor.
floppy. Increased muscle tone is called hypertonia andDoctors have an obligation to provide adequate care
causes the child to seem stiff or rigid. In some cases,during all stages of a woman's pregnancy, including
a newborn baby has an early period of hypotonialabor and the period immediately after birth.
that progresses to hypertonia after 2 to 3 months.Unfortunately, doctors are capable of error or
Affected children also may have unusual posture ornegligence.
favor one side of the body.Physician mistakes that may cause cerebral palsy
Parents who are concerned about their baby'sinclude:
development for any reason should contact their- Failing to perform a cesarean section when the
physician, who can help distinguish normal variations infetus is in distress or getting too little oxygen.
development from a developmental disorder.- Inadequately monitoring the mother during
Clinical Diagnosispregnancy and throughout the labor process.
Doctors diagnose cerebral palsy by testing an infant's- Misinterpreting test results during pregnancy, or
motor skills and looking carefully at the infant'soutright failure to conduct necessary tests.
medical history. In addition to checking for the- Failing to monitor closely when the mother has a
symptoms described above -- slow development,condition like diabetes, heart disease, hypertension,
abnormal muscle tone, and unusual posture -- aasthma, renal disease, lupus, or thyroid disease.
physician also tests the infant's reflexes and looks forPeace of Mind
early development of hand preference.If your child has cerebral palsy, it may have been
Reflexescaused by medical malpractice. You owe it to your
Reflexes are movements that the body makeschild and your family to see if the cause of your
automatically in response to a specific cue. Forchild's condition can be determined. A good
example, if a newborn baby is held on its back andmalpractice attorney will obtain all relevant medical
tilted so the legs are above its head, the baby willrecords, review all documentation, and consult with
automatically extend its arms in a gesture, called theleading medical experts to determine definitively
Moro reflex, that looks like an embrace. Babieswhether a medical professionals negligence caused
normally lose this reflex after the age of 6 months.your child's condition.
However, those with cerebral palsy may retain it forThe Lifelong Cost of Caring for Your Child
much longer. This is just one of several reflexes thatThe cost of caring for children who suffer from
a physician may check.cerebral palsy can be financially catastrophic. You
Hand Preferencemust expect significant expenses throughout your
Doctors also look for hand preference -- a tendencychild's lifetime, because the condition will not improve
to use either the right or left hand more often. Whenover time. However, if your child's condition is
the doctor holds an object in front and to the side ofdetermined to be the fault of a hospital or physician,
the infant, a child with hand preference will use thethen there should be medical malpractice insurance in
favored hand to reach for the object, even whenplace to provide financial compensation for these
the object is closer to the opposite hand. During thecosts.
first 12 months of life, babies do not usually showIf your child or grandchild has been diagnosed with
hand preference. But infants with spastic hemiplegia,cerebral palsy that you believe may have been
may develop a preference much earlier, because thecaused by a doctor or hospital's mistake, talk with a
hand on the unaffected side of the body is strongerlawyer experienced in cerebral palsy law.
and more useful.