Medical Malpractice Newsletter

Cerebral Palsy and Medical Malpractice

Cerebral Palsy is a birth complication resulting from oxygen deprivation during pregnancy, labor or delivery that affects movement control and muscle condition. Cerebral Palsy occurs in approximately two to four babies out of every 1,000 births in the United States. Oxygen deprivation is often a result of medical negligence.

There is not a pinpointed singular cause of Cerebral Palsy. However, common circumstances of medical negligence and Cerebral Palsy include insufficient monitoring of the fetus during pregnancy, inappropriate methods of delivery, intracranial bleeding or head trauma.

Types of Cerebral Palsy

There are three types of cerebral palsy. An infant may suffer from one or a combination of the three types:

Spastic Cerebral Palsy – difficult and stiff movement
Athetoid Cerebral Palsy – involuntary and uncontrolled movement
Ataxic Cerebral Palsy – disturned depth perception and sense of balance

Symptoms of Cerebral Palsy

24 to 48 hours after an infant is born, noticeable symptoms of Cerebral Palsy, including seizures, bluish skin, and floppiness may occur.

Cerebral Palsy can be diagnosed as early as three to four months after the infant is born. Visible symptoms can include:

Stiffness
Involuntary movement
Startles excessively
Unusual muscle tone
Poor posture
Delayed motor development
Slow to reach developmental milestones (rolling over, crawling, walking)
Difficulty sucking and feeding

Cerebral Palsy is not communicable or progressive. This means that it is not contagious between children, and an infant’s condition will not worsen into adulthood. Cerebral Palsy is also not curable, but measures can be taken to ameliorate conditions of life.

Causes of Cerebral Palsy

Medical malpractice claims may be available to victims of medical negligence. There are several potential malpractice situations that can lead to the development of Cerebral Palsy such as the failure to:

Properly realize and react to changes in the mother’s condition during pregnancy
Conduct certain tests during pregnancy, or misinterpretation of such tests
Properly realize and react to changing conditions of the fetus during labor
Perform a Caesarian section when needed
Deliver the infant when the membrane or water has been ruptured for too long

Should the ADA Stop Supporting the Use of Amalgams?
Amalgams are a type of dental tooth filling which, unlike gold or porcelain fillings, contain mercury. In the past several years, the American Dental Association (ADA) and several state dental chapters have come under the attack of... Read more.
Tort Reform and Limiting Malpractice Awards
High profile personal injury lawsuits have left many with the impression that juries systematically award multi-million dollar awards in order to punish wrongdoers. Although juries may, and frequently do decide to make such awards, most... Read more.
Recoverable Damages for Victims of Medical Malpractice
When a doctor or other health care provider engages in conduct (or fails to take action) that results in a patient’s injury or death, the patient and/or family may have a medical malpractice claim. Most cases are based upon a... Read more.
A Claim for Dental Malpractice Due to Nerve Damage
Dentists and oral surgeons are expected to provide a standard of care that other competent and reasonable dentists and oral surgeons would provide under the same or like circumstances. When they fail to do so, they may be held liable... Read more.

Law Commentary Legal News