Cerebral Palsy Lawsuit

Cerebral palsy is commonly referred to as a single disorder, but it is actually an all-encompassing term for any number of movement disorders that affect a person’s ability to move and maintain balance and posture, according to the Centers for Disease Control and Prevention.

The word itself is descriptive of the issues: cerebral means relating to the brain and palsy means muscle weakness or problems.

There is still some debate on the exact causes of cerebral palsy, but it is generally believed to be caused by an injury to the brain while the organ is still developing. The damage is usually done to the region of the brain that controls movement, balance, and posture. It can be caused before, during, or shortly after birth.

Although symptoms can start to reveal themselves as early as a few days old, cerebral palsy is most commonly diagnosed in early childhood.

Because there are different types of cerebral palsy and levels of severity, the signs and symptoms can vary greatly.

Movement Problems

Problems with motor skills are the defining feature of cerebral palsy. In some cases, a child may have trouble holding utensils and swallowing food because of the motor skills associated with the process. Other signs include stiff muscles, uncontrollable movements, and lack of coordination.

Babies may miss milestones like rolling over or crawling.

Cognitive Issues

Movement is the main issue of cerebral palsy but cognitive problems also frequently arise in those with one of the disorders. In some cases, people may have cognitive impairments that include delayed language development, difficulty learning, memory problems, short attention span, social awkwardness, and anxiety.

Language Disorders

Language is a major sign of cerebral palsy as well. Up to 88 percent of those with cerebral palsy have challenges with timing, vocal quality, and pronunciation of words while speaking. Another 25 percent of people with cerebral palsy are completely nonverbal.

Physical Limitations

On top of the other issues, victims of cerebral palsy may also suffer from low trauma fractures due to low bone mineral density and deformities. Posture and other motor issues can make it difficult for those with cerebral palsy to walk or be active.

There is no cure for cerebral palsy. However, there are a few treatment options to help make someone with cerebral palsy more comfortable throughout their life.

Whoever has the disorder will often meet with a medical care team who will guide them on the best options. This team includes pediatricians, pediatric neurologists, orthopedic surgeons, physical therapists, occupational therapists, speech-language pathologists, development therapists, social workers, special education teachers, and more.

Each of these individuals can provide more information on things a child or adult with cerebral palsy can do to treat symptoms and make more informed decisions about life. For example, an orthopedic surgeon may be able to offer surgical options that could help treat muscle disorders or spastic movements. A speech-language pathologist could help a child with language disorders.

Pediatricians might also give medications to treat severe symptoms, like spasticity. Muscle relaxers could help relax stiff muscles.

Individuals who were harmed by a health professional’s failure to meet the standards of care measures outlined by the health community are allowed to seek compensation for medical malpractice. If the victim passes away, his or her family can pursue the lawsuit.

Cerebral palsy can be the tragic result of several different failures among medical personnel. Infants and children who suffer from this disorder may have experienced one or more of the following:

Failure to Monitor – One of the most critical phases when an infant needs medical monitoring is right after birth. Unfortunately, cerebral palsy is often the result of a physician’s or nurse’s failure to properly monitor a newborn.

To ensure that an infant’s vitals and general condition stay within an acceptable range, careful monitoring must be administered. Detecting an abnormal heart rate that indicates disruption of critical oxygen to the baby’s brain can be crucial in preventing a tragic brain injury, thus saving the child from cerebral palsy.

Inadequate Response to Fetal Distress – If a medical emergency occurs during labor or delivery without proper intervention by a medical professional, lifelong damage can result. For example, if the umbilical cord becomes wrapped around the unborn baby’s neck, the infant can suffer cerebral palsy from strangulation and lack of oxygen.

Lack of Performing a Timely Cesarean Section – When a problem appears during pregnancy or labor, the medical professionals involved must determine the safest way to deliver a healthy baby. If symptoms of a disruption of oxygen present themselves, a C-section delivery may be the quickest way to produce a safe delivery and prevent brain damage. The delivery team and the hospital could find themselves at the heart of a malpractice lawsuit if they failed to identify that a C-section was needed and allowed the baby to suffer brain damage.

The following are basic guidelines to help find the right attorney when pursuing a cerebral palsy lawsuit.

• Select an attorney with extensive experience in medical malpractice lawsuits and whose focus is on birth injuries, particularly cerebral palsy.
• Get referrals from friends, family, or client reviews.
• Ask for referrals from organizations that help children or from local support groups.
• Seek information on professional websites.
• Find a law firm with easily accessible contact information and relatively quick availability. Legal representatives should be reachable and want to answer questions.
• Select a cerebral palsy lawyer who will work on a contingency basis with no upfront payment required.

When the parent of a child whose physical condition results from medical malpractice decides to file a medical malpractice lawsuit, the parent must be aware of the statute of limitations. This sets the time limit for filing such cases, and it varies by state.

Two distinct time frames exist based on the point at which a parent discovered the child had been injured leading to cerebral palsy, and secondly, the length of time since the medical malpractice occurred. Georgia’s time limit to file a medical malpractice lawsuit is two years, with a few exceptions. An experienced cerebral palsy lawyer can help you determine the statute of limitations that applies to your case.

• CDC. “What is Cerebral Palsy?”, Centers for Disease Control and Prevention, https://www.cdc.gov/ncbddd/cp/facts.html#:~:text=Cerebral%20palsy%20(CP)%20is%20a,problems%20with%20using%20the%20muscles. Accessed December 31, 2020.
• Healthline. “Cerebral Palsy”, Healthline Media, https://www.healthline.com/health/hepatitis-c/hepatitis-c-diet#takeaway. Accessed December 31, 2020.
• Mayo Clinic. “Cerebral palsy”, Mayo Foundation for Medical Education and Research (MFMER), https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999. Accessed December 31, 2020.