Did the doctors cause your child’s cerebral palsy?

Cerebral palsy is caused by abnormal development of the brain or damage that occurs to the developing brain, most often before birth, but can also occur during the birthing process or after birth. CP is actually a group of disorders that affect movement and muscle tone. It is the most common motor disability in childhood. 

The American Pregnancy Association reports that approximately 70% of patients with CP receive injuries to the brain before birth, 20% during birth, and 10% as a result of some type of post-natal injury. 

Symptoms of CP can range from mild to severe, depending upon the type and severity of the damage to the areas of the motor cortex, the part of the brain that controls movement. There are three types of CP:

  • Spastic cerebral palsy — difficulty relaxing the muscles
  • Athetoid cerebral palsy — difficulty in controlling muscle movements
  • Ataxic cerebral palsy — difficulty with balance and coordination

The causes of CP largely depend on when the brain injury occurred. Prenatal injuries to the brain can originate from a variety of sources including:

  • Maternal infections during pregnancy
  • Exposure to toxins
  • Substance abuse
  • Premature birth
  • Low birth weight
  • Fetal stroke

Injuries that occur during birth or afterwards include:

  • Head trauma
  • Asphyxiation due to lack of oxygen
  • Infant illness (e.g. untreated jaundice, bacterial meningitis)

New evidence also suggests that there are potential genetic components for cerebral palsy.

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If you have a child with cerebral palsy, it’s important to try and determine the cause of the brain injury and whether the injury or injuries could have been prevented. Approximately 10-15% of all children born with CP have the condition due to medical malpractice or negligence.

Doctors should be able to determine if a mother is at risk for developing an infection during pregnancy or at risk for having possible complications during childbirth. Failure to diagnose likely delivery risks, such as babies that are considered to be too large for a normal delivery or a prolapsed umbilical cord, can result in CP. Post-natal mistakes like failing to treat infant infections or a congenital disorder can also cause permanent damage to the brain. 

Filing a lawsuit may help to get you the compensation your need to ease the significant financial burden of raising and caring for a child with cerebral palsy. As part of the discovery process that follows filing the lawsuit, your doctor and/or other medical personnel involved will be requested to present relevant documents, such as records and witness statements, that pertain to your case.

Do you need to speak with someone?

Caring for a child with cerebral palsy can take a significant financial as well as emotional toll on your family. Many children with CP will require lifetime care from on-going medical treatments and doctor’s appointments to medications, surgeries, and equipment to facilitate mobility.  These expenses can be overwhelming for you and your family.

If you feel that your child’s CP was a result of medical malpractice and/or birth injuries, call Scott S. Harris, cerebral palsy attorney in San Diego, to learn more about your legal options.