Cerebral Palsy And Medical Malpractice

What Kind Of Medical Negligence Can Cause Cerebral Palsy?

Cerebral palsy refers to a group of chronic conditions that effects the movements of the body. It is also known as the disorder of movement and posture. In this condition, an injury to the brain causes the inability in the patients to use some muscles of the body effectively.

Disturbance in the overall movements of the body of patients might cause spasms or involuntary movements. It might be possible that the patients suffering from cerebral-palsy will have problems in speech, hearing and vision. Although cerebral-palsy is a chronic condition but it does not progress over time. It has a very strong impact on the life of the child as well as of all the family members.

There are different causes of cerebral-palsy and medical negligence is one of them. There are many cases of cerebral-palsy that result from medical negligence. Some particular conditions can result in cerebral palsy as a result of medical negligence.

If the child is left in the birth canal for a longer duration it can inhibit the availability of oxygen to the child. If oxygen is not available to the brain of the child then there are greater chances that the child will suffer from cerebral-palsy. The medical professionals must take care of this issue and should use alternate ways to save the child from this condition.

In case of seizures following delivery, the doctors must recognize and treat the seizures because their negligence can become a source of developing cerebral-palsy in the child. Sometimes the availability of oxygen is inhibited to the brain of the child because of the wrapping of umbilical cord around the neck of the child. If the doctor does not detect this condition, it is considered as a medical negligence because it can have long term consequences for the child.

In some cases, excessive or improper use of tools by the doctors comes under the category of medical negligence that can cause cerebral-palsy to the child. Improper use of vacuum extraction and forceps can also be harmful for the child.

Sometimes the condition of the mother or the infant demands special care or caesarean section but if it is not performed timely then it is considered as an act of negligence because it can also develop cerebral palsy. If jaundice and meningitis are not diagnosed and treated at proper time it can be very harmful and the professionals who do not detect these conditions can be sued for medical negligence.

As there are different conditions of medical negligence that can result in cerebral-palsy so the parents of the child suffering from cerebral-palsy can take legal action against the doctor who failed to provide standard care to their child. With the help of an expert lawyer, it is easier to get financial compensation for the treatment of the affected child as well as for the compensation of the pain and suffering of the child and parents.

Do you know someone that has suffered from Clinical negligence? We are experts providing legal help and advice to people about NHS Complaints, Cerebral palsy and other injuries resulting from Clinical negligence.

Cerebral Palsy and Medical Negligence

Cerebral Palsy is often a term used to broadly cover a variety of neurological disorders affecting an individual's ability to control muscle function. Cerebral palsy is characterized as chronic and non-progressive, with assorted symptoms that differ from person to person. The United Cerebral Palsy Foundation estimates that as many as eight hundred thousand children and adults in the United States live with some form of the condition. It is also estimated that nearly ten thousand babies born in the United States will develop Cerebral Palsy. (Statistic courtesy of The Centers for Disease Control and Prevention) Although some people are able to lead completely normal lives without the need for any major assistance, others may never be able to care for themselves properly. For these people, the expense of managing their condition can be astronomical.

There are essentially three main causes of Cerebral Palsy. In general, the condition is due to abnormal brain development or a brain injury in the area that controls bodily movement. For years many physicians believed Cerebral Palsy was due to complications that occurred during labor and delivery. Today, however, there seem to more definitive causes.

The first reason Cerebral Palsy can occur is due to a congenital issue. This means the abnormal brain development happened early on in the pregnancy, or that damage occurred to the white matter of the brain in later stages of pregnancy. It can also be a result of bleeding in the brain from a fetal stroke, and/or loss of oxygen to the brain during labor and delivery.

A very small number of cases develop after the time of birth, but before the age of three. These cases generally come about because of a traumatic brain injury from an accident or abuse, or due to a severe illness such as meningitis.

The third, and most difficult cause of Cerebral Palsy to accept, is due to an issue that arose during the birthing process from medical negligence. This means that some action was taken by a member of the medical staff that could have or should have been avoided, resulting in an injury to the brain. These mistakes could have happened at some point during the pregnancy, during delivery, or even after delivery.

The symptoms can vary a great deal however there are some key warning signs that you should be aware of. These symptoms include: failure to reach key developmental milestones (such as walking or crawling), abnormal muscle tone (such as a floppy or stiff appearance), an early hand preference, or persistent reflexes. In order to be sure of whether or not your child has developed the condition a full medical exam needs to be carried out. This will be able to completely eliminate other movement disorders, or other types of medical conditions. It is important to note, there are several forms of Cerebral Palsy, as explained below.

Cerebral Palsy Spastic: Identifiable by awkward movements and stiff muscle tone. Other possible symptoms can include, trouble with speech, inability to eat, seizures, learning disabilities, weakness on one side of the body, and a "scissored gait". This type of Cerebral Palsy is the most common.

Cerebral Palsy Ataxic: The most recognizable symptoms of this form of the condition include poor coordination, poor balance, and an unusually wide gait. This is the least common form of Cerebral Palsy.

Cerebral Palsy Dyskinetic: Common symptoms include floppy muscle tone, difficulty walking, difficulty sitting, involuntary movements, difficulty eating, trouble with speech, and difficulty performing everyday tasks. These symptoms may worsen under stress, yet become completely unnoticeable while sleeping.

Mixed Cerebral Palsy: This form of the disorder can cause a mixture of symptoms including floppy and stiff muscle tone, and a wide range of dyskinetic movements.

Children who experience symptoms usually also have other issues with cognition, behavior, sensations, communication, and perception. Other medical issues such as recurrences of pneumonia and seizures are common as well.

Many infants and children who suffer with Cerebral Palsy may have to be cared for by a professional over the course of their entire lifetime. This may mean regular physical, speech, drug therapy, and surgical treatments to help improve or correct abnormalities. These individuals may also require orthotic devices such as braces, walkers, wheelchairs, and even specialized communication aids such as voice synthesizers.

If you believe your child's Cerebral Palsy was a result of medical negligence it is absolutely essential that you meet with an experienced attorney that can provide you with the assistance you need. These attorneys are a type of personal injury lawyer who know exactly how to go about obtaining the justice you deserve.

Compensation can be significant and can include: current and future medical expenses, pain and suffering, financial loss, and emotional distress. In many cases, you may be entitled to punitive damages as well.

Your attorney will be able to determine the validity of your claim and make sure it meets the basic principles for trial. This means you must be able to prove the medical professional did not act appropriately (within a reasonable standard of care) and that this failure resulted in the child developing Cerebral Palsy.

The process of filing this type of claim can be quite complicated. Your attorney knows exactly how to see the process through the system, obtain all necessary medical records, interview medical professionals, collect all needed evidence, and arrange for expert witnesses to testify. Since these attorneys typically work on a contingency basis, you pay nothing upfront.

If you are still unsure of whether or not you should contact an attorney, consider these facts: The cost of a lifetime of care for a child with Cerebral Palsy is over $920,000. This figure is in addition to the expenses of a person who does not have the condition and does not include costs for emergency room or hospital visits, residential care, and other miscellaneous expenses. (Statistic courtesy of The Centers for Disease Control and Prevention) The monetary reward you may receive cannot repair the damage that has occurred, but it can help to provide a positive future for you and your child.

For information on cerebral palsy lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com

A Lawyer's Guide to Cerebral Palsy and Medical Malpractice

Cerebral Palsy is a term for a group of chronic conditions that impair the brain's ability to control body movement and muscle coordination due to brain-related damage which occurs before, during or after childbirth. When a part of the brain is damaged during pre-natal development, childbirth, or the first few years of an infant's life, Cerebral Palsy may result. There are an estimated 10,000 cases of Cerebral Palsy diagnosed in the United States (US) every year. There is no known cure for Cerebral Palsy.

There are three major types or classifications of Cerebral Palsy: Spastic, Athetoid and Ataxic.

Spastic Cerebral Palsy is further classified by the affected region of the body as follows:

Spastic Diplegia is the most common of the spastic forms of CP and is marked by spasticity of the lower extremities with little to no upper body spasticity. Intelligence is not impacted. Most of those affected are ambulatory, but tight adductors cause a "scissors gait." Other typical features include flexion at the knee, plantar flexion of the ankle, adduction and internal rotation at the hip, crossed eyes, nearsightedness, movements of the upper extremities to assist walking, and tip toe walking.

Spastic Hemiplegia is a condition not exclusive to Cerebral Palsy that affects one side of the body. Injured muscle nerves controlled by the brain's right side will cause a left body deficit, and vice versa. Those with Spastic Hemiplegia are usually the most ambulatory, although they suffer from equinus, a condition in which the upward bending motion of the ankle is limited and causes a lack of flexibility to bring the top of the foot toward the front of the leg. There is no cure for Hemiplegia but its effects can be minimized through therapy.

Spastic Quadriplegia CP is characterized by the lack of the ability to move, control or feel both arms and both legs as a result of an injury to the spinal cord. It is the most severe type of Cerebral Palsy, and patients usually suffer other disabilities such as mental retardation, difficulty speaking, and uncontrollable shaking (hemiparetic tremors). Respiratory problems are common and a respirator is often necessary for breathing.

Athetoid Cerebral Palsy involves mixed muscle tone (sometimes hypertonia and sometimes hypotonia - loss of or diminished muscle tone). Athetoid CP results in uncontrolled or involuntary movements, difficulty holding oneself in an upright position, difficulty holding onto objects, facial movements, drooling, and difficulty controlling the tongue, breathing and vocal cords. These problems are caused by the muscles alternating between floppy and tense, and uncontrolled movements may be small or big, rapid, irregularly repetitive, random, or jerky.

Ataxic Cerebral Palsy, the least common form of CP, is caused by damage to the brain's cerebellum and its symptoms include visual loss of depth perception, auditory processing, balance difficulties, and walking with a wide-based gait. Ataxic individuals suffer from tremors and hypotonia. Intention tremors are the most significant symptom of the Ataxic CP patient.

About 750,000 Americans are currently living with some form of CP, and in the United States (US) approximately 10,000 infants develop Cerebral Palsy annually. Many CP patients develop their condition during the childbirth process. An estimated thirty percent of all CP patients develop the condition during fetal development.

Cerebral Palsy can have devastating financial consequences for the CP patient and his or her family, and the average cost of expenses related to a CP patient is about $925,000. Those with severe Cerebral Palsy can expend millions of dollars. Some medical and non-medical expenses can include, but are not limited to, the following: hospitalizations and doctor visits, work and home space modifications, speech, phyiscal and occupational therapists, life care planners, neurologists and neurosurgeons, car modifications, orthotic devices, surgeons, medications, rehabilitation equipment, respirators or respiratory therapists, psychological or psychiatric counseling, and special education programs.

There are numerous maternal and fetal factors that can lead to Cerebral Palsy in a new born if a failure to diagnose occurs. Certain maternal infections during pregnancy can cause CP, such as toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, and untreated group B strep. A mother's use or abuse of alcohol, prescription or non-prescription drugs, malnutrition, or exposure to toxic chemicals or poisons can cause CP. Certain medical conditions, including high blood pressure, preeclampsia, eclampsia, toxemia, diabetes, thyroid problems, blood Rh incompatibility between mother and fetus, fetal anoxia, fetal stroke, placental insufficiency or premature aging of the placenta, premature or sudden separation of the placenta from the wall of the uterus (placental abruption), intrauterine growth retardation (IUGR) of the fetus, and other complications have been found to cause Cerebral Palsy. Cerebral Palsy can be caused by birth trauma resulting from the improper dating of the pregnancy which can lead to premature delivery or over-gestation. Other than genetic defects or syndromes which can cause CP, the foregoing risk factors can be recognized and addressed by a medical professional during pregnancy. CP acquired during fetal development is often preventable when a physician timely and appropriately responds to maternal and fetal risks.

Cerebral Palsy can be caused when the flow of blood and oxygen to a child's brain is disrupted during the childbirth process (fetal anoxia), which can occur as a result of a long labor, low amniotic fluid, a twisted umbilical cord resulting in umbilical cord compression, prolapse or occlusion, large fetal head size, newborn lung problems, brain hemorrhaging or inter-cranial bleeding, unrecognized or untreated signs of fetal distress from pressure on the umbilical cord or due to dystocia, a fetus stuck in the birth canal because of the position of its descent down the birth canal, placenta being prematurely sheared by the birth process (placenta previa or placental abruption), too much pitocin, and other conditions. Failure of the obstetrician to recognize the necessity of a Cesarean Section as opposed to a vaginal delivery, or the failure to interpret fetal monitor strips, may be medical malpractice which can cause CP. Head trauma caused by a difficult forceps or vacuum extraction delivery can also cause Cerebral Palsy. Most of the adverse outcomes caused by these childbirth Cerebral Palsy risk factors are preventable if a medical doctor acts within the standard of care to timely and appropriately diagnose and treat these conditions.

About 10% to 20% of children in the United States with CP acquire the disorder after birth. Brain damage after child birth, brain infections such as bacterial meningitis or viral encephalitis, and head injuries represent many of the acquired Cerebral Palsy cases. Brain or head trauma can occur in the first few years of life from accidents such as falls or motor vehicle collisions, or may occur from child abuse or shaken baby syndrome.

The above causes of CP have the potential to interfere with proper development of the nervous system or potential to interfere with the delivery of oxygen and nutrition to the brain of the fetus or the newborn infant. If the oxygen supply and nutrition to the brain is interrupted, impeded or decreased for a period of time, the brain may become injured.

Diagnosis of CP can sometimes be difficult. Some methods which help determine whether or not brain damage has occurred include reflex tests, hand preference checks, diagnostic radiological tests. Reflex test are used because some reflexes disappear in a normal child, while an affected child may retain these reflexes for abnormally long periods of time. Hand preference checks are used because an early tendency to prefer either the right or left hand may indicate CP. It is important to rule out of other movement disorders which can cause the loss of motor skills, including genetic diseases, muscle diseases, metabolism disorders, or tumors in the nervous system. Some of these conditions are progressive or worsen over time. If the child's conditions are not worsening, this may be an indication of a CP diagnosis. Performing diagnostic imaging tests, such as CT scans, MRIs, and/or ultrasounds, can reveal underdeveloped brain areas, abnormal cysts, or other physical problems. It is also important to assess conditions linked to CP such as seizure disorders, mental impairment, and vision or hearing problems.

Medical malpractice litigation involving Cerebral Palsy in South Carolina (SC) requires expert testimony to prove both a breach of the standard of care and that the breach was the proximate or legal cause of the patient's injury. For such cases arising on or after July 1, 2005, S.C. Code § 15-79-125 requires that before a medical malpractice suit can be filed, a plaintiff has to simultaneously file both a notice of intent to file suit and an affidavit of an expert witness subject to the affidavit requirements established in § 15-36-100 in a county in which venue would be proper for filing or initiating the action. The expert affidavit must specify at least one negligent act or omission claimed to exist and the factual basis for each claim based on the available evidence at the time of the filing of the affidavit. Qualified, experienced, board certified obstetricians and registered obstetrical nurses should be used to evaluate claims of medical malpractice and to provide the requisite expert opinion testimony in litigation with respect to Cerebral Palsy cases.

If your child has developed Cerebral Palsy and you believe that medical malpractice or negligence was a possible cause of the brain injury which resulted in CP, you should seek out a competent medical malpractice attorney to evaluate your child's case.

Joseph P. Griffith, Jr., Esquire
Joe Griffith Law Firm, LLC
7 State Street
Charleston, S.C. 29401
843.225.5563 (tel)
843.722.6254 (fax)
http://www.joegriffith.com