During childbirth, parents expect the proper procedures to be followed to ensure that a baby can be delivered safely. When something goes wrong during labor and delivery, and a child is later diagnosed with cerebral palsy, a family may be left facing a lifetime of questions, challenges, and expenses. Cerebral palsy is often linked to birth injuries, and those injuries may occur because of preventable medical errors.
Understanding the connection between birth complications and cerebral palsy is an important first step that families can take as they pursue justice for the harm that has occurred and ensure that they will have the resources needed to provide for a child’s needs. An attorney with experience handling medical malpractice claims involving birth injuries and cerebral palsy can provide significant help for families in these situations. They can gather and analyze evidence, work with medical professionals to build a strong case for compensation, and provide compassionate representation throughout every stage of the legal process.
What Is Cerebral Palsy?
Cerebral palsy is a neurological disorder that can affect issues such as movement, muscle control, coordination, and posture. It is usually caused by damage to a child’s developing brain, and in many cases, this damage occurs before, during, or shortly after birth. The Centers for Disease Control and Prevention (CDC) reports that cerebral palsy is the most common disability that affects motor functions in children, and around 1 out of every 345 children in the United States has been diagnosed with this condition.
The effects of cerebral palsy will continue to impact a person throughout their entire life. There is no cure, but with ongoing medical care, therapy, and support, many people with cerebral palsy can lead meaningful and fulfilling lives. However, the care required can be expensive, and the costs will continue to affect a family for decades, making it crucial to address medical malpractice that led to cerebral palsy.
How Birth Injuries Can Cause Cerebral Palsy
Many cerebral palsy cases are directly linked to birth injuries. When complications occur during labor and delivery, the damage caused can lead to developmental disorders, ongoing health issues, and disabilities.
A baby’s brain is extremely sensitive during the birth process. Even a brief disruption in oxygen supply or blood flow can cause permanent damage to brain tissue. Some of the issues that may lead to brain damage and cerebral palsy include:
Oxygen Deprivation
During labor and delivery, an infant’s brain may be deprived of oxygen. This can lead to a condition called hypoxic-ischemic encephalopathy (HIE), which may cause a chain reaction in the brain that can damage a large amount of tissue. Oxygen deprivation and HIE can occur because of:
• Umbilical Cord Complications: Compression, knotting, or other issues that affect the flow of blood through the umbilical cord can cut off the oxygen supply to the baby.
• Placental Abruption: When the placenta separates from the uterus during labor, it may no longer be able to transmit oxygen to the baby. The failure to recognize this condition can put a child’s health and life at risk.
• Prolonged Labor: An unusually long or difficult labor can place stress on a baby, limiting the flow of oxygen. In some cases, the use of drugs to induce labor may lead to strong contractions or other issues that may cause fetal distress and oxygen deprivation.
• Failure to Perform a Timely Cesarean Section: When an infant experiences fetal distress, but medical staff delay or fail to perform an emergency C-section, oxygen deprivation can result in serious brain damage.
Premature Birth Complications
When a child is born prematurely, the risks of brain injuries will increase significantly. Premature infants are vulnerable to conditions that may cause bleeding in or around the brain. This bleeding can damage brain tissue and lead to cerebral palsy. Medical staff must closely monitor premature infants and act quickly when complications arise to prevent these types of injuries.
Trauma During Delivery
Excessive physical force during a difficult delivery can cause damage to an infant’s brain. The improper use of delivery tools such as forceps or vacuum extractors may lead to skull fractures, bleeding in the brain, and nerve damage, which may lead to cerebral palsy.
Infections
An infant may contract infectious diseases during pregnancy or delivery. These infections may be transmitted from the mother to the child, or an infection may occur because of unsanitary conditions in a delivery room. When infections are not treated correctly, they can cause inflammation in the brain or other issues that may disrupt the flow of blood and oxygen throughout a newborn’s body. Cerebral palsy may be the result of an infection that was not recognized or addressed quickly after delivery.
How Cerebral Palsy Can Affect a Child’s Life
Cerebral palsy may have different effects for every child, and the extent of developmental disorders and disabilities will depend on the location and extent of brain damage. Some children may experience mild motor difficulties, while others may face physical and cognitive challenges that can affect them throughout their lives. Different types of cerebral palsy include:
• Spastic Cerebral Palsy: The most common form of cerebral palsy can lead to stiff muscles and exaggerated reflexes that can make physical movements difficult.
• Dyskinetic Cerebral Palsy: This form of cerebral palsy may cause involuntary, uncontrolled movements of the hands, arms, feet, and legs.
• Ataxic Cerebral Palsy: This type of cerebral palsy can affect balance and coordination, making tasks like walking or reaching for objects difficult.
• Mixed Cerebral Palsy: A child may experience a combination of two or more types of cerebral palsy.
Children with cerebral palsy may also experience ongoing physical and mental health issues, including:
• Intellectual disabilities
• Seizure disorders
• Speech and communication difficulties
• Vision and hearing impairments
• Difficulty eating and swallowing
• Chronic pain
• Behavioral and emotional challenges
A Lifetime of Care and Treatment
The costs of providing care for a child with cerebral palsy can add up to millions of dollars throughout their lifetime. The forms of treatment that may be needed include:
Ongoing Therapy
Physical therapy can help a child improve their motor skills, strength, and mobility. Occupational therapy can help them develop the skills needed during their daily life, such as dressing, eating, and grooming. Speech-language therapy may address communication challenges. Multiple therapy sessions may be needed each week, and ongoing therapy may last for years.
Medical Care and Surgeries
Some children with cerebral palsy may receive surgeries that can address muscle tightness, joint problems, or bone deformities. Different medications may be used to address muscle stiffness, pain, and other ongoing issues. Complications related to cerebral palsy may need to be treated as they arise.
Assistive Technology and Equipment
Many people with cerebral palsy rely on wheelchairs, walkers, braces, and other devices to help them move around and complete daily tasks. Technological solutions may be available to help a person communicate or meet other needs. These tools can be expensive, and regular replacements may be needed as a child grows or as new technologies become available.
The Importance of Legal Representation in Birth Injury Cases
When a birth injury has led to cerebral palsy, a family will need to make sure the right steps are taken to address the harm that has been done, hold the responsible parties accountable, and recover compensation for their damages. A successful birth injury claim can provide a family with financial resources that will address the costs of medical care, equipment, lost earning potential, and other losses.
Birth injury cases can be complex. They will require a thorough understanding of obstetric medicine, the medical standards of care during labor and delivery, and technical evidence that may be used to show that an injury was caused by negligence. An attorney with experience handling birth injury cases can conduct a detailed review of medical records, consult with qualified medical professionals, and work to establish a clear link between medical negligence during childbirth and the harm suffered by the child.
Disclaimer: This article is for informational purposes only and should not be considered medical or legal advice. Cerebral palsy, birth injuries, and medical malpractice claims involve complex medical and legal issues that depend on the specific facts of each case. Families with concerns about a child’s diagnosis, birth-related complications, or possible medical negligence should consult qualified medical professionals and an experienced attorney for guidance based on their individual circumstances. No outcome or compensation is guaranteed.
