Cerebral Palsy is a medical condition caused by a group of neurological disorders that affect movement, muscle tone, and posture. It’s not a genetic disease but, instead, cerebral palsy directly results from either a malformation of the brain during fetal development or—more commonly—from oxygen deprivation during the birthing process. Cerebral palsy is the leading cause of childhood disability in the United States, with one in every 345 children diagnosed by age eight with symptoms ranging in severity from mild to severe.
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Common Medical Errors That Cause Cerebral Palsy
What Medical Mistakes Cause Cerebral Palsy?
Medical mistakes in late pregnancy and during the labor and delivery process are the most common causes of cerebral palsy. Doctors have a responsibility to monitor the pregnancy carefully and take prompt action when medical problems arise. When a doctor fails to monitor a pregnancy adequately or does not react appropriately to a medical emergency during childbirth, the result can be cerebral palsy and lifelong disability. Common medical mistakes that cause oxygen deprivation and the resulting brain injuries that cause cerebral palsy include:
- Failure to adequately monitor the mother and baby during pregnancy and provide appropriate interventions for medical problems such as preeclampsia or problems with the cord or placenta
- Failure to diagnose and treat an infection in the mother
- Failure to prevent or treat preterm labor (premature infants and those with low birthweight are more likely to experience medical problems during birth that cause cerebral palsy)
- Failing to address an overdue pregancy
- Failure to manage prolonged labor
- Failure to diagnose macrosomic (large) baby
- Failure to properly manage labor and delivery
- Failure to adequately monitor fetal heartbeat
- Failure to address maternal bleeding during labor and delivery
- Failure to perform a cesarean section (c-section) delivery in response to fetal distress
- Improper use or misuse of a vacuum extractor or forceps during delivery
- Failure to resuscitate a newborn
- Failure to diagnose and treat infant jaundice
When a medical provider fails to diagnose and address a problem during pregnancy, it may impact the way the baby’s brain develops, resulting in cerebral palsy. More commonly, cerebral palsy occurs due to a doctor’s failure to accurately detect and treat emergency problems that arise during the labor and delivery process. In some cases, the laboring mother’s nursing staff may be negligent by failing to inform the doctor of changes in the mother or the unborn infant’s medical status.
How Is Cerebral Palsy Diagnosed?
Diagnosis of cerebral palsy typically occurs during the first two months after birth, but children with milder symptoms may not be diagnosed until around age two, when mobility problems become more apparent. Less commonly, children are diagnosed by age eight.
As a doctor monitors a child’s growth and development, they may suspect cerebral palsy based on a child’s lack of muscle tone. They assess the child’s movement control, mobility, posture, coordination, balance, motor skills, vision, and hearing. If the physical exam reveals symptoms of cerebral palsy, the doctor may order imaging tests such as brain scans through MRI and cranial ultrasound to look for problems in the child’s brain development.
Once a doctor diagnoses cerebral palsy, it’s categorized as one of the following three types:
- Spastic cerebral palsy is the most common type. Children with spastic cerebral palsy have stiff muscles, exaggerated reflexes, and stiff, jerky movements
- Dyskinetic cerebral palsy presents with involuntary muscle movement, speech impairment, and difficulty swallowing
- Ataxic cerebral palsy presents with tremors, a wide-stanced gait, uncoordinated movements, and speech problems
Doctors use a rating scale tool such as the Gross Motor Function Classification System to categorize a child’s cerebral palsy into one of five levels in order to form an appropriate treatment plan.
Cerebral palsy is not curable, but therapies and intervention increase the quality of life for children with cerebral palsy.
What If I Suspect My Child’s Cerebral Palsy Resulted From a Birth Injury?
Birth injuries occur in about six to eight of every 1,000 births, with a range of impacts from mild bruising to stillbirth. Cerebral palsy is one of the most common serious medical conditions resulting from a birth injury.
If you suspect your child’s condition was caused by trauma during labor and delivery or an undiagnosed medical problem during pregnancy, you may be able to obtain compensation for the lifelong medical expenses and other costs associated with cerebral palsy through a birth injury claim against the negligent medical provider or the facility that employs the provider. It’s important to request copies of your child’s medical records and then contact an experienced Arizona birth injury lawyer.
Is There a Time Limit for Filing a Birth Injury Claim In Arizona?
A birth injury claim is a type of personal injury claim that has a two-year time limit under the state’s statute of limitations; however, the time limit is different in birth injury cases because a child is a minor when the injury occurs. The two-year time limit for a child to file a birth injury claim on their own behalf is two years from their 18th birthday.
In some cases, the discovery rule applies to birth injuries. When a parent does not discover a birth injury until later in the child’s life, the court may extend the statute of limitations for two years after the discovery date.
What Is the Process of Filing a Birth Injury Claim for Medical Malpractice Resulting In Cerebral Palsy?
An Arizona medical malpractice lawyer will investigate the case by examining the medical records and consulting with medical experts. Then, they will determine the correct liable party, such as a doctor, the nurses, the medical staff, or the hospital. Then, they will document evidence and send a demand package with their findings to the medical malpractice insurance company. Finally, negotiations take place, typically resulting in a settlement. Less commonly, the case proceeds to court for litigation in front of a judge and jury.
What Damages Can I Recover For a Birth Injury Claim?
A Phoenix medical malpractice attorney consults with medical experts to add up past medical expenses and anticipated future medical costs for the child’s care. A successful birth injury claim can result in compensation for the following:
- Past and future medical expenses
- Lost income if a parent takes time away from work, reduces their hours, or leaves their job to care for a disabled child
- Cost of adaptive equipment and special education needs
- Compensation for the child’s pain and suffering and diminished quality of life
- Compensation for the parents’ mental anguish
An experienced birth injury lawyer in Phoenix carefully calculates the damages to recover the maximum compensation in the claim. While financial compensation doesn’t repair the injury, it opens the door to the best care and provides families with a sense of financial accountability for their child’s injury.