According to the Centers for Disease Control and Prevention, cerebral palsy (CP) is the most common motor disability that occurs in children. Around one out of every 345 children in the United States has CP, although the severity of the condition can vary considerably from one child to the next.
Unfortunately, cerebral palsy often occurs as a direct result of failures during prenatal care, during the birthing process, or in the aftermath of the birth. In these situations, the care providers whose negligence played a role in causing the CP may be held liable for any resulting damages.
The Birmingham birth injury attorneys at Singleton Schreiber can provide representation to parents of children who have developed cerebral palsy as a result of a doctor's failures. Our Birmingham personal injury firm will help you identify who was to blame, gather evidence, and fight for the compensation you need to move forward.
To find out more about how our Birmingham cerebral palsy lawyers can help you, give us a call or contact us online today.
How Does Cerebral Palsy Happen?
There are many potential risk factors for the development of cerebral palsy, including:
- Premature birth prior to 37 weeks
- Prolonged oxygen deprivation during the birthing process
- Having a low birth weight
- Pregnancies with multiples (twins, triplets, etc.)
- Severe jaundice in the aftermath of birth
- Problems with blood clotting
- Issues with the placenta that render it unable to provide all of the oxygen and nutrients a developing child needs.
- Incompatible blood types between the mother and the baby
- Infection during pregnancy, such as a mother developing German measles or other viral diseases
- A bacterial infection in the mom or baby that affects the infant's nervous system.
Cerebral palsy is rarely genetic, as just 1% of people with CP have a sibling who also has it. Even among twins, when one child has cerebral palsy, in around 90% of cases, the other twin does not.
Symptoms of Cerebral Palsy
Cerebral palsy's effects on the body can range from mild to severe, depending on the circumstances. Some of the most common symptoms include:
- Stiff muscles
- Spasticity (exaggerated reflexes)
- Muscle tone variations, including excessive floppiness or being too stiff
- Rigidity in the muscles
- Ataxia (lack of muscle coordination and balance)
- Tremors (uncontrollable movements)
- Slow movements
- Writhing movements
- Favoring one side of the body
- Walking difficulties, including scissor-walking, toe walking, or crouching while walking
- Problems with fine motor skills, including tasks like picking up utensils
- Speech delay or speech difficulty.
- Difficulty eating, sucking, or chewing
- Drooling
- Swallowing problems
- Delays in sitting up or other fine motor skills
- Learning disabilities
- Intellectual disabilities
- Delayed growth
- Seizures
- Hearing and vision problems
- Bladder and bowel issues, including incontinence or constipation
- Emotional and behavioral problems
As the Mayo Clinic explains, the brain conditions that cause these symptoms typically do not change. Children with CP will not usually get better or worse, although their symptoms can become more pronounced as children grow.
Is Your Doctor or Hospital Responsible For Your Child's Cerebral Palsy?
Cerebral palsy can be life-changing for a child and family. Unfortunately, in some cases, this condition occurs as a result of medical negligence. This can happen, for example, if:
- A doctor fails to diagnose a maternal infection or to conduct proper testing to determine if a mother has had all the required vaccines that are needed to protect her and the baby
- A doctor fails to provide appropriate prenatal care, leading to a premature delivery that causes CP
- A care provider allows labor to go on too long or does not properly monitor the mother or the baby, resulting in oxygen deprivation to the child during the birthing process
- A care provider fails to diagnose conditions such as jaundice or an infection in a newborn, causing damage that results in cerebral palsy developing
In these and other situations where a doctor's care falls short of the professional standard, it may be possible to hold the medical care provider liable for the losses that result. This could include doctors, obstetricians, gynecologists, ER physicians, or others who have a duty to provide appropriate care for mom and baby.
When a medical care provider's negligence is a contributing cause of cerebral palsy, this can result in not just the provider but also their employer being held responsible as well. That's because vicarious liability laws say that hospitals, clinics, and other healthcare facilities can be liable not just for the facility's own negligent policies but for the carelessness of their workers.
It is important to identify all of the potential defendants who could be held responsible because you want to make sure you can maximize the medical malpractice insurance available to provide you with full and fair compensation.
What Does A Lawyer Do To Help In Cerebral Palsy Cases?
Singleton Schreiber is here and ready to help you if your child has developed cerebral palsy as a result of the negligence of any medical care provider or facility. Our attorneys can:
- Assist in identifying defendants who could be responsible for compensating you.
- Help you gather evidence such as medical records, eyewitness testimony, and expert testimony showing how failures on the part of your care provider were the direct cause of the CP.
- Assist you in demonstrating the extent of the impairment caused by the cerebral palsy so you can prove the extent of your losses and fight for fair compensation.
- Help you to negotiate a settlement with the involved malpractice insurers by working to maximize the chances of a fair settlement offer, so you can be fully compensated while avoiding the stress of court proceedings
- Go to court on your behalf and bring our extensive litigation experience to your case.
Singleton Schreiber has recovered millions of dollars in compensation for parents whose children developed cerebral palsy as a result of problems with prenatal care, labor and delivery, or postnatal care. We will work hard to try to help you get the money you need to provide your child with the best care possible.
Contact a Birmingham Cerebral Palsy Lawyer Today
To find out more about how a Birmingham cerebral palsy lawyer can help you when your family has been affected by medical negligence, give us a call or contact us online today to schedule your free consultation with Singleton Schreiber.
