Cerebral palsy is a condition that results from a brain injury or abnormality that occurs during fetal development, the birthing process, or within the first several months of the infant’s life. Though doctors have yet to fully understand all of the causes of early brain damage, medical science has identified a number of cerebral palsy causes and risk factors:
Maternal Infections
Maternal infections may increase the risk of cerebral palsy by as much as nine times and include:
• Urinary tract infection (UTI)
• Bladder or kidney infection
• Rubella
• Sepsis (an infection of the bloodstream)
• Chorioamnionitis, a uterus infection
• Toxoplasmosis
Because maternal infections are a known and often preventable cause of cerebral palsy, pregnant women should always seek medical treatment as soon as they believe they have an infection.
Prenatal/Neonatal Infections & Complications
The following prenatal/neonatal infections may increase the risk of cerebral palsy:
• Bacterial meningitis
• Viral encephalitis
• Group B streptococcal infection
• Herpes group B
• Sepsis
It is not known exactly how these infections cause cerebral palsy; however, evidence suggests that prenatal infections may lead to preterm birth—another risk factor for cerebral palsy. Other evidence suggests that cerebral palsy can be caused by brain damage triggered by infections.
Rh incompatibility and jaundice are additional complications that may cause cerebral palsy in the developing infant.
Premature Birth/Low Birth Weight
Preterm birth (occurring before 37 weeks gestation) and low birth weight are known to significantly increase the risk of cerebral palsy. Preterm babies are particularly vulnerable and are more likely to have health complications and be hospitalized.
Risk factors for preterm birth include certain maternal infections, stress, previous pregnancy with preterm labor, multiple births such as twins or triplets, smoking or alcohol/drug use, and cervical or uterine abnormalities.
Birth Injuries & Medical Malpractice
While many cases of cerebral palsy are congenital—that is, present at birth—some instances of cerebral palsy are due to damage to the brain during the birthing process itself. Birth injuries are largely preventable but may happen when medical staff fail to:
• Diagnose and treat maternal infections
• Recognize and respond to fetal distress
• Perform a C-section in a timely manner
• Treat jaundice in the newborn
• Ensure adequate oxygen supply
• Properly use equipment such as forceps or vacuum extraction
Medical malpractice is not necessarily intentional, but the consequences can be devastating nevertheless. When cerebral palsy is caused by medical malpractice, families may be able to pursue legal action to obtain compensation for their treatment costs and losses.
When to Talk to a Cerebral Palsy Attorney
If you had a complicated labor and delivery and your child was diagnosed with cerebral palsy, medical malpractice may be to blame. Costs for lifetime treatment of cerebral palsy, which is incurable, can average more than 0,000. One option may be filing a medical malpractice lawsuit so you and your family can receive compensation for cerebral palsy treatment. You may also be entitled to money for your pain and suffering, your child’s loss of earning capacity, and various additional costs related to the cerebral palsy.
Mail this postA child with cerebral palsy may have multiple special needs, depending on the severity of the condition. In more severe cases of cerebral palsy, a child may also suffer from mental retardation, behavioral problems, epilepsy and other associated conditions. Meeting the needs of a cerebral palsy child can be financially overwhelming for families, particularly when the child requires:
· 24-hour or long-term care
· Assistive devices such as a wheelchair
· Medication
· Physical, occupational, speech or mental therapy
· Surgery
Parents of a cerebral palsy child may be able to obtain assistance with some of these needs from local or national, governmental or non-profit organizations. However, some families might be eligible for compensation from a different source: cerebral palsy lawsuit. Damages for eligible families may include money for permanent disability, costs for medical treatments, pain and suffering and other expenses related to cerebral palsy.
Was Your Child Harmed by Medical Malpractice?
Cerebral palsy is primarily caused by damage to a baby’s developing brain, but there are many cases in which there are no reasons for the condition. However, a small percentage of the thousands of diagnosed cases of cerebral palsy each year may have been prevented with proper medical care.
There are several well-known factors that may cause or contribute to the development of cerebral palsy in a child. These include:
· Maternal/fetal/newborn infections
· Seizures after birth
· Pre-term delivery
· Low birth weight
· Severe jaundice
· Oxygen deprivation
· C-section or other delivery complications
While it’s not always possible to prevent these things from occurring, medical professionals have an obligation to take proper precautions and to respond to complications in a timely manner so as to reduce the risks to the mother and child. The results can be devastating when medical professionals fail in this obligation, and they can be held responsible for any damages that were suffered.
A Cerebral Palsy Lawyer Can Help
Treating a cerebral palsy child can cost hundreds of thousands of dollars over his/her lifetime. If your child’s condition was caused by medical malpractice, a cerebral palsy lawyer can help you to get the compensation needed to care for your child.
It is important to note that medical malpractice cases are subject to a statute of limitations. Because of this, a strict deadline will be enforced in the filing of your lawsuit, assuming you are eligible. As soon as you suspect that your child has cerebral palsy as a result of medical malpractice, you should contact an attorney immediately to ensure that your rights are fully protected.
Contact Burke & Eisner Today
The attorneys at Burke & Eisner have helped numerous families recover compensation from doctors and other parties who caused a child to develop cerebral palsy. If you would like to discuss the details of your case with an experienced attorney and find out whether your child’s cerebral palsy was as a result of medical malpractice, contact us today. At no cost to you will will evaluate your cast, answer any questions you have and discuss your options.
Mail this postAlthough there is no cure for cerebral palsy, there are numerous options in the way of treatment. Cerebral palsy treatments help to improve the physical and social quality of life of those with the condition and to mitigate complications associated with cerebral palsy such as seizures, speech problems or vision or hearing impairment.
Treatment of cerebral palsy may involve an entire team of medical professionals such as physical therapists, psychologists, pediatricians and other specialists who can devise a plan of care tailored to the unique needs of the patient. Depending on the severity of the child’s condition, cerebral palsy treatment may include:
• Physical therapy – Perhaps the most important of all cerebral palsy treatments, physical therapy involves exercising and training the muscles to enhance strength and motor control. Orthodic devices used alongside physical therapy help to stretch muscles and prevent complications which limit joint movement, such as contracture.
• Speech and language therapy – Some children with cerebral palsy will benefit from speech therapy, which helps children to overcome communication difficulties or develop other modes of communication.
• Occupational therapy – This cerebral palsy treatment is aimed at developing the skills required for day-to-day living. Self-care skills such as bathing and feeding, for instance, could be addressed in occupational therapy sessions. Some children are helped, through occupational therapy, to use special equipement designed to help them function more easily in school and at home.
• Medications/drug therapy – Medications are often used to minimize muscle spasms and tremors in patients with cerebral palsy. Botox, for example, is used in cerebral palsy treatments to relax muscles and control muscle spasticity. Seizures, a complication associated with cerebral palsy, may be treated with other drug therapies.
• Surgery – Surgical procedures may be helpful in decreasing spasticity, improving muscle tone, stabilizing joints, and enhancing a child’s ability to sit, stand, or walk. Surgery may also be used to insert feeding tubes and control reflux.
• Hearing aids, eyeglasses or eye surgery – These cerebral palsy treatments can help children who have hearing or vision impairments related to their condition.
• Assistive technologies – New technologies are always being developed to help individuals with disabilities. Assistive technologies such as specialized wheelchairs, customized scooters, and communication devices can aid children in their daily lives and with tasks they may not otherwise be able to perform.
• Alternative cerebral palsy treatments – Hyperbaric oxygen therapy (HBOT), space suit therapy, hippotherapy, dolphin therapy and conductive education are some alternative cerebral palsy treatments that have shown promise in recent years.
• Clinical trials – The government conducts clinical trials to try and develop new cerebral palsy treatments and determine the efficacy of existing treatments.
The Cost of Cerebral Palsy Treatment
Cerebral palsy is a lifelong condition and treatments over the course of an individual’s life may total more than $500,000. Insurance may not cover all cerebral palsy treatment costs, and for those who are uninsured, the financial burden is all the more overwhelming.
Families have legal rights and may be entitled to compensation to help cover treatment costs and other related expenes if the cerebral palsy was caused by medical malpractice. If you believe your child’s cerebral palsy could have been prevented, contact an experienced medical attorney right away.
Mail this postA permanent and often debilitating condition, cerebral palsy, affects thousands of babies born in the United States each year. Parents may find themselves overwhelmed by meeting the number of special needs that may be present for children with cerebral palsy. However, there are numerous cerebral palsy associations throughout the country that help individuals and families find financial, medical, educational and informational resources.
Below is a list of cerebral palsy resources in the U.S. where families can turn to for help:
United Cerebral Palsy
United Cerebral Palsy was founded in 1949 to advance the rights and improve the lives of individuals with disabilities. With a nationwide network of affiliates, UCP provides an array of services including:
The national office of UCP is also involved in legislative advocacy and research initiatives.
Cerebral Palsy International Research Foundation
The CPIRF (CPIRF) is an association dedicated to funding research relevant to developmental disabilities such as cerebral palsy. Advocacy for research in the areas of prevention, early diagnosis, curative strategies and rehabilitation is the focus of CPIRF.
Children’s Hemiplegia and Stroke Association
Children’s Hemiplegia and Stroke Association (CHASA) provides information and support to parents of children with hemiplegia or hemiplegic cerebral palsy. By joining CHASA, parents can:
Easter Seals
In the early 1900s, Easter Seals was founded to help individuals with special needs and their families. The organization offers a variety of services to people with cerebral palsy and other disabilities, including:
March of Dimes
This organization is dedicated to the prevention of birth defects, infant mortality and premature birth, which is a risk factor for cerebral palsy. The March of Dimes has a website with information on infant health and other topics of interest to parents of newborns.
National Dissemination Center for Children with Disabilities (NICHCY)
NICHCY is a resource for learning about programs and services that are available for infants and children with cerebral palsy and other disabilities. Parents can find out about educational programs (including individualized education programs, or IEPs), state resources, and services for special needs children.
National Disability Sports Alliance
In 1987, United States Cerebral Palsy Athletic Association was the name of this organization that has gone on to coordinate competitive sports events for individuals with cerebral palsy and other physical disabilities.
The NDSA specifically formulates athletic rules, implements policies, conducts championship games and selects athletes to represent the United States in international competition.
Locating Cerebral Palsy Associations in Your Area
United Cerebral Palsy has affiliates across the country and can help you locate additional cerebral palsy associations in your area. Some of the associations mentioned above also list resources on their websites.
Mail this postClassified as a group of disorders, cerebral palsy creates difficulty in the person’s ability to move with ease. It also has an effect the the person’s ability to maintain proper balance and posture. Cerebral palsy is a disorder that typically shows within the first few years of an individual’s life and the condition usually doesn’t worsen over time. However, those who are living with cerebral palsy can have trouble walking, talking and generally enjoying life, which can have great implications on their growth.
Each year, thousands of babies are diagnosed with cerebral palsy in the United States. Treatments for cerebral palsy are constantly being improved although there is no cure. Unfortunately, many of these cases are the result of errors made during pregnancy and childbirth. Malpractice lawsuits are brought against medical facilities, physicians, hospital staff and midwives each year. Hundreds of families have been awarded cerebral palsy settlements as a result of these lawsuits.
What to Do if your Child has Cerebral Palsy
Newborns are made susceptible to cerebral palsy through infections during the mother’s pregnancy that were never caught, a lack of oxygen to the fetus for an extended period of time, a disease within the bloodstream that wasn’t properly treated or monitored or an unexpected premature birth.
It is important to take legal action immediately if you have a child that has been injured due to medical negligence during labor or delivery. Medical negligence or inadequate medical care may result in cerebral palsy which may have been prevented with proper precautions being taken. Medicine has come a long way in recent years and every hospital and healthcare facility should be well equipped with professionals and the latest in equipment to prevent such tragic accidents from happening.
It is important to contact a cerebral palsy lawyer right away, since there are time constraints for filing these lawsuits. Depending on the state in which you live, the time that the victim has to take legal action and file a suit will vary.
How to Receive a Cerebral Palsy Settlement
When a child is born with cerebral palsy parents are suddenly faced with lifetimes worth of medical bills and childcare expenses. These expenses can be dealt with through the assistance you receive as the result of filing a cerebral palsy lawsuit. Your child’s future will also be made better by receiving extra help through personal care, which can hopefully eliminate some of their emotional and physical distress.
The first step to receiving a cerebral palsy settlement is to find an attorney that specializes in these types of malpractice cases. You will want to find an attorney that you can rely on and trust. Your cerebral palsy lawyer will evaluate your case and give you the legal guidance you are seeking to be compensated for any wrongdoing.
Do You Need to Contact an Attorney? Contact a cerebral palsy attorney to learn more and to have your case evaluated.
Mail this post