Cerebral Palsy is a group of disorders that is related to brain function, affecting a person’s ability to move, maintain good posture and have balance. The “cerebral” portion relates to brain and brain function, and “palsy” means having problems, or weaknesses, in the musculature. Cerebral Palsy is generally caused by damage to a child’s developing brain which adversely affects muscle control. Cerebral Palsy is typically diagnosed during the first or second year after birth, but can also be diagnosed earlier.
There are multiple types of Cerebral Palsy which are typically characterized by the part of the brain that’s affected, as well as by the child’s abnormal movements. About 2.5/1,000 live births in the U.S. report the incidence of Cerebral Palsy, with the most common cause being prematurity.
If a fetus becomes hypoxic before delivery, there is an increased risk that the baby will develop Cerebral Palsy. Since Cerebral Palsy has life-altering consequences, a meticulous analysis of the medical records by skilled lawyers and experts is necessary to determine if hypoxia, and therefore ensuing Cerebral Palsy, was preventable. Unfortunately, in some situations, evidence in the medical records may show significant problems relating to the baby’s fetal heart rate that should have indicated an earlier, quicker delivery. If you have a child with Cerebral Palsy that could have been prevented with proper medical attention, then you may have a medical negligence case.
The diagnosis is typically made once there is enough evidence of a movement or developmental disorder, both of which are common symptoms of Cerebral Palsy. The severity of Cerebral Palsy can affect the child’s cognitive capacity, need for durable medical equipment and skilled care, ability to live independently and employability. The variation in degrees of Cerebral Palsy will affect the child’s future medical needs and, therefore, the costs associated with the reasonable and medically necessary level of care. The American Academy of Pediatrics recommends waiting until age two to assess the full array of symptoms associated with a diagnosis of Cerebral Palsy.
If you experienced complications during labor and delivery, or both, and your child requires NICU admission, your child may need lifelong medical care. You should demand that your child be evaluated by a pediatric neurologist to be able to plan the most appropriate course of action and care. Medical negligence could be the reason why your child has been diagnosed with Cerebral Palsy and you do not need to suffer through this emotionally traumatic process alone. If you think that your child has suffered Cerebral Palsy due to medical negligence, call ACTS LAW for a free consultation by our medical negligence lawyers who are here to help.
Contact Bruce Brusavich and Eduardo J. Ascencio if you think that you have been a victim of cerebral palsy or medical malpractice. Our team of zealous lawyers has nearly 70 years of combined experience to get you the help you deserve.
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Bruce Brusavich has represented thousands of individuals and businesses in a variety of areas, including personal injury, insurance bad faith, business litigation, elder abuse, professional malpractice, product liability and wrongful death.
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