Cerebral Palsy Lawyer

Cerebral Palsy is the most common motor disability in childhood. In Canada, approximately 2 out of every 1000 children are diagnosed with cerebral palsy. Cerebral palsy refers to a group of conditions that cause permanent motor dysfunction, which impacts the muscle tone, posture, and movement of an individual. The signs of cerebral palsy generally appear within the first few months of a child’s life. In some cases, errors that physicians or hospital staff commit before or during birth can cause a child to develop cerebral palsy. This article will explain (1) the types and symptoms of cerebral palsy, (2) the causes of cerebral palsy, and (3) the steps to take if the negligence of a healthcare professional caused your child or a child you know to develop cerebral palsy.

The Types of Cerebral Palsy

Doctors categorize cerebral palsy into three different types, which each have a different medical classification:

  1. Stiff muscles or spasticity;
  2. Uncontrollable movements or dyskinesia; and
  3. Poor balance and coordination or ataxia.

Spasticity or spastic cerebral palsy, is the common type. 80 percent of individuals with cerebral palsy are classified as spastic. The muscle stiffness associated with this type of cerebral palsy can affect an individual’s legs, arms, or all of their limbs, and may require an individual to move using a wheelchair or other devices.

Although the key feature of cerebral palsy is motor impairment, there are a range of symptoms that individuals with cerebral palsy may experience. These symptoms include, but are not limited to, the following:

  • Altered sensation or perception;
  • Intellectual disability;
  • Communication difficulties;
  • Seizures;
  • Problems with vision or hearing; and
  • Musculoskeletal complications such as scoliosis or contractures.

Cerebral palsy is a lifelong disorder. There is no cure, but equipment and treatment can help improve the quality of life of individuals with cerebral palsy. Depending on the type and severity of cerebral palsy, an individual may require daily care from healthcare professionals throughout their life.

Causes of Cerebral Palsy

Abnormalities of the developing fetal or infant brain generally cause cerebral palsy. When the brain damage occurs before the child is born, the cerebral palsy is called congenital. There are a number of risk factors that increase the likelihood that a fetus will suffer brain abnormalities and, as a consequence, develop cerebral palsy. This article discusses some of the most common risk factors.

Length of the Pregnancy

The length of the pregnancy is arguably the most significant factor. Cerebral palsy is far more prevalent in infants that are born prematurely. Approximately 80 percent of children diagnosed with cerebral palsy are born before the 28th week of pregnancy. Given the risks associated with premature birth, it is important that physicians take adequate steps to prevent premature birth.

Birthweight

Related to the length of the pregnancy is the weight of the fetus. A fetus that weighs less than 5 pounds is more likely to have problems with development, such as brain abnormalities, and, therefore, is at a higher risk of developing cerebral palsy.

Illnesses and Infections

Illnesses such as jaundice, and viral infections such as infant meningitis, increase the risk of cerebral palsy. Infant meningitis causes the nervous system of the infant to become inflamed, which can result in brain damage. It is important that medical professionals identify and treat illnesses and infections effectively to minimize their harmful impact.

Intrauterine infections, which are infections that exist within the uterus, can increase the risk that an infant will develop cerebral palsy. Congenital infections, such as cytomegalovirus, syphilis, Zika virus, varicella virus, and toxoplasmosis, are all risk factors.

Maternal Trauma

Maternal trauma is a significant injury that occurs during pregnancy and generally requires hospitalization. Maternal trauma increases the risk of cerebral palsy and other developmental disabilities. The more severe the injury, the greater the risk that a child will develop cerebral palsy. However, it is important to emphasize that these are merely risk factors. An injury during pregnancy, even a serious one, does not always result in development problems.

Multiple Births

Multiple births are a risk factor. A multiple birth is a pregnancy in which two or more infants are birthed. Multiple births increase the likelihood of low birthweight, prematurity, and congenital anomalies, which in turn increases the risk of cerebral palsy. Quality medical care can mitigate the risk of multiple births.

Hypoxic-ischemic Encephalopathy

Cerebral palsy can also be caused by a perinatal hypoxic-ischemic encephalopathy injury. “Hypoxic” means lack of oxygen in the blood, “ischemic” means lack of oxygen in the brain, and  “encephalopathy” means brain damage. Put simply, a hypoxic-ischemic encephalopathy injury occurs when a fetus experiences a shortage of oxygen causing brain damage.

In some cases, the harmful effects of brain hypoxia in the fetus can be prevented by healthcare professionals. By continually monitoring patients and measuring the oxygen supply to the fetus, they may be able to identify brain hypoxia early and act with appropriate urgency.

Medical Negligence Causing Cerebral Palsy

Several medical errors can increase the risk of cerebral palsy, including:

  • Failing to properly treat infections or viruses;
  • Failure to diagnose and treat jaundice promptly:
  • Failing to monitor and detect fetal distress caused by lack of oxygen;
  • Failing to detect when the umbilical cord cuts off the oxygen supply;
  • Administering incorrect medications or dosage during pregnancy or labour;
  • Inadequate monitoring of high-risk pregnancies:
  • Failing to perform the delivery in a fast and effective manner when required.

If you feel that the negligence of a physician or hospital staff caused your child to develop cerebral palsy, it is important to speak to a medical malpractice lawyer. A medical malpractice lawyer can help you better assess the merits of your case. The lawyers at BIMMA have the experience and knowledge required to advance your medical malpractice claim.

A medical professional may have committed a serious error, but in order for a claim to be successful, an individual must also prove that this error caused the injury in question. You may be unsure whether medical professionals committed an error, or question whether the error caused your child to develop cerebral palsy. Whether a medical professional failed to treat an infection or illness, failed to monitor and address the lack of oxygen in the fetus, or committed any other medical errors, a lawyer can help you understand the strengths of your claim.

BIMMA offers free consultations in which a lawyer will review the facts of your case and provide a summary of the legal options that are available to you. Medical malpractice cases, and cerebral palsy cases in particular, can be complex. But with a BIMMA medical malpractice lawyer by your side, you can feel confident that your legal interests are being strongly advanced. Contact us today at +1-902-425-7330 or toll-free at +1-800-465-8794.