Baltimore Cerebral Palsy Attorney

What Causes Cerebral Palsy?

In most cases, cerebral palsy is congenital, caused by prenatal injuries to the infant. However, in 20% of cases, cerebral palsy is caused during the actual birth, with 10% of injuries occurring after the birth. That leaves 70% of cerebral palsy cases most likely caused by failure to monitor or other issues that arise during pregnancy. These statistics stress the importance of vigilant prenatal care and monitoring, underscoring a proactive approach in identifying and managing potential risks early.

Doctors must act once they notice any sign or symptom of distress with the baby. Allowing something to persist for an extended time is dangerous and puts the infant at risk of developing a serious condition such as cerebral palsy. Timing is crucial when managing high-risk pregnancies or labors, as prompt intervention can significantly impact outcomes. Regular diagnostics, like ultrasounds and fetal monitoring, serve as essential tools for early detection of potential issues.

Understanding some of the common causes of cerebral palsy can be important when determining if someone is accountable for the injuries sustained. Being knowledgeable about these causes can also help families be better advocates for their child's health. The insights gained can empower families to ask informed questions during prenatal checkups, ensuring comprehensive care. Furthermore, a family aware of the signs and timelines of prenatal risk can seek second opinions or specialist interventions much sooner, potentially mitigating preventable outcomes.

According to the National Institute of Neurological Disorders and Stroke, some common causes of CP include: 

• Pregnancy infections: Doctors must ensure that any infections a mother has are treated effectively so they are not passed on to the baby. Both rubella and cytomegalovirus are known causes of cerebral palsy.
• Asphyxiation: If there is a lack of oxygen to the baby during the pregnancy, labor, or delivery, it may cause cerebral palsy. Doctors must work quickly if they identify asphyxia.
• Untreated jaundice: Jaundice is a condition where a newborn has a yellow hue to their skin or eyes. It must be treated, especially in the most severe cases. This is the responsibility of the doctor, and if they fail to act, it can be considered negligence.
• Rh Incompatibility: Rh incompatibility between the blood types of the mother and the baby can lead to brain damage and increase the risk of cerebral palsy.
• Multiple Births: Twins or multiple births may have a higher risk of cerebral palsy, possibly due to the increased likelihood of complications during pregnancy or childbirth.
• Exposure to Toxins: Exposure to certain toxins or infections during pregnancy may contribute to the development of cerebral palsy.

How Is Cerebral Palsy Diagnosed?

Diagnosing cerebral palsy (CP) involves a multi-step process aimed at identifying the condition based on a combination of medical history, physical examination, and diagnostic tests. Comprehensive evaluation from experienced healthcare providers ensures a clear understanding of the child's health status and aids in planning effective management strategies. Early diagnosis can facilitate timely interventions that are crucial for optimizing childhood development and minimizing complications.

• Medical History & Symptoms Review: The process begins with a thorough review of the child’s medical history, including prenatal and birth history, as well as any developmental milestones and symptoms observed. Parents or caregivers are asked about the child’s motor skills, muscle tone, coordination, and any signs of delays or unusual movements. This helps the healthcare provider understand the context and possible contributing factors to the child's condition. An accurate history can reveal patterns that are critical for a cerebral palsy diagnosis.
• Physical Examination: A detailed physical examination is performed to assess the child's muscle tone, movement patterns, coordination, and reflexes. The healthcare provider looks for signs such as muscle stiffness (spasticity), involuntary movements, poor coordination, and delays in reaching developmental milestones. This examination helps in identifying specific motor impairments associated with cerebral palsy. Objective observations of motor function during these exams are vital for distinguishing CP from other conditions.
• Developmental Assessments: Developmental assessments are conducted to evaluate the child’s cognitive, motor, and language skills. These assessments help determine the extent and nature of any delays or impairments. Developmental milestones are compared to typical age-appropriate standards to identify discrepancies. Frequent reassessments allow for tracking the child's progress and adjusting care plans accordingly.
• Imaging Tests: Imaging tests, such as magnetic resonance imaging (MRI) or computed tomography (CT) scans, may be used to examine the brain’s structure and detect any abnormalities or damage. MRI is particularly useful in identifying brain lesions or other structural issues that might be associated with cerebral palsy. These tests help rule out other conditions and confirm the presence of brain damage or abnormal development. Imaging results guide clinical decisions and therapeutic plans.
• Additional Diagnostic Tests: In some cases, additional tests may be performed to rule out other conditions that could cause similar symptoms. These may include genetic testing, blood tests, or metabolic screening, depending on the specific symptoms and medical history. Such tests refine the diagnostic process to ensure an accurate understanding of the child's condition.
• Consultations with Specialists: A multidisciplinary team, including pediatricians, neurologists, and developmental specialists, may be involved in the diagnostic process. Their collective knowledge helps in making a comprehensive assessment and developing an accurate diagnosis. Collaborative efforts ensure that all aspects of the child's health and development are considered, facilitating an integrated approach to care.

Diagnosing cerebral palsy can be challenging, particularly in very young children, as symptoms may not be fully evident until later in development. Ongoing observation and assessment may be necessary to confirm the diagnosis as the child grows and their symptoms become more apparent. Early and accurate diagnosis is crucial for developing an effective treatment plan and providing appropriate support and interventions. Establishing a diagnosis promptly allows families to access resources and support networks tailored to their needs, offering a solid foundation for handling the challenges of cerebral palsy.

Treatment for Cerebral Palsy

Treatment for cerebral palsy (CP) is aimed at managing symptoms, improving quality of life, and enhancing the individual's ability to function independently. The approach is often multidisciplinary, involving various healthcare professionals and tailored to the specific needs of the individual. With advancements in medical therapies, there are numerous options to assist individuals with CP in reaching their fullest potential, paving the way for adapted independence and enhanced self-efficacy.

Physical Therapy

Physical therapy is a cornerstone of CP treatment and focuses on improving motor skills, strength, flexibility, and overall mobility. Therapists work with individuals to develop exercises and activities that enhance muscle coordination, balance, and gait. This therapy helps in managing spasticity and improving functional movement. Customized programs offer individualized exercises that target specific muscle groups, promoting better movement control and coordination.

Occupational Therapy

Occupational therapy helps individuals develop the skills needed for daily living activities, such as dressing, eating, and personal hygiene. Therapists work on fine motor skills, hand-eye coordination, and adaptive techniques to promote independence in daily tasks. They may also recommend assistive devices to aid in performing daily activities. The use of technology, such as computerized devices, can further enhance learning and skill acquisition.

Speech Therapy

Speech therapy addresses communication and swallowing difficulties. Therapists help improve speech clarity, language skills, and the ability to understand and express oneself. For those with feeding and swallowing issues, speech therapists may provide strategies and techniques to ensure safe and effective eating. Incorporating devices such as augmentative and alternative communication tools can provide alternative ways to communicate more effectively.

Medications

Medications may be prescribed to manage symptoms such as muscle spasticity, pain, and seizures. Common medications include muscle relaxants, anticonvulsants, and analgesics. The choice of medication depends on the individual's specific symptoms and needs. Regular follow-ups ensure that any side effects or drug interactions are monitored and managed effectively, optimizing therapeutic outcomes.

Surgical Interventions

In some cases, surgical procedures may be recommended to address physical impairments or improve mobility. Common surgeries include:

• Orthopedic Surgery: To correct bone and joint deformities or improve limb alignment. Such surgeries can have a profound impact on mobility and overall comfort, significantly enhancing daily life.
• Selective Dorsal Rhizotomy (SDR): A procedure to reduce spasticity by cutting specific nerve roots in the spinal cord. SDR can lead to lasting improvements in muscle tone and ease of movement.
• Muscle Release Surgery: To lengthen or release tight muscles and improve range of motion. Post-surgery rehabilitation is crucial in maintaining these gains, emphasizing the importance of an integrated care plan.

Assistive Devices

Various assistive devices can help individuals with CP improve mobility and independence. These include:

• Braces: To support weak or deformed limbs and improve function.
• Wheelchairs: To enhance mobility for those with significant impairments.
• Communication Devices: Such as speech-generating devices or adaptive technology for individuals with severe communication difficulties.

Nutritional Support

Dietitians may be involved to ensure proper nutrition and address any feeding issues. Specialized feeding plans and interventions may be necessary for individuals who have difficulty eating or maintaining adequate nutrition. Nutritional counseling can help prevent health complications related to malnutrition or obesity, emphasizing a balanced diet tailored to the individual's needs.

Psychological & Behavioral Therapy

Counseling and behavioral therapy can help individuals and their families cope with the emotional and psychological impacts of CP. Therapy may address issues such as anxiety, depression, and adjustment to living with a disability. Support groups and community outreach programs offer opportunities for shared experiences and emotional resilience, fostering a supportive environment where families can connect and grow.

Educational and Social Support

Educational interventions may include special education services and individualized learning plans to support academic achievement. Social support and community resources can also play a role in enhancing quality of life and providing access to relevant services and activities. Advocacy and personalized education plans ensure that every child receives an education that is both accessible and effective, nurturing their intellectual and social well-being.

How to Prove Medical Negligence

Proving negligence for causing cerebral palsy in a birth injury lawsuit involves establishing that the healthcare provider or facility failed to meet the standard of care expected in delivering a baby, and that this failure directly resulted in the injury. Here are the general steps and elements involved in proving negligence in such cases:

• Establish Duty of Care: Demonstrate that there was a duty of care owed by the healthcare provider to the mother and the baby during childbirth. This duty is typically established by the doctor-patient relationship.
• Breach of Standard of Care: Show that the healthcare provider breached the standard of care expected in similar situations. This involves demonstrating that the actions or decisions made by the healthcare provider deviated from what a reasonable and competent healthcare professional would have done under similar circumstances.
• Causation: Establish a direct link between the breach of the standard of care and the resulting harm. In the context of cerebral palsy cases, it must be demonstrated that the negligent actions or omissions directly caused or contributed to the brain injury leading to cerebral palsy.
• Expert Testimony: Expert witnesses, typically medical professionals with expertise in the relevant field, are crucial in these cases. They can provide testimony regarding the standard of care, the defendant's deviation from that standard, and the causal link between the negligence and the cerebral palsy.
• Medical Records and Documentation: Gather and present medical records, test results, and other relevant documentation that can support the claim of negligence. This may include evidence of fetal distress, improper monitoring, delayed interventions, or other factors contributing to the birth injury.
• Timeline of Events: Create a detailed timeline of events leading up to and during childbirth. Highlight any critical moments where negligence may have occurred and contributed to the cerebral palsy.
• Damages: Establish the damages incurred as a result of the cerebral palsy, including medical expenses, ongoing care costs, loss of future earning capacity, pain and suffering, and diminished quality of life.

Frequently Asked Questions 

What Should I Do If I Suspect Medical Negligence?

If you suspect medical negligence has played a role in your child's cerebral palsy diagnosis, the first step is to consult with a qualified cerebral palsy attorney. They can help you gather necessary medical documents and evidence that may indicate negligence. It's crucial to act promptly as there are statutes of limitations that define how long you have to file a lawsuit. 

What Compensation Can Be Sought in a Cerebral Palsy Lawsuit?

Compensation in a cerebral palsy lawsuit can cover various damages including current and future medical expenses, therapy costs, adaptive equipment, loss of income, and sometimes punitive damages. The purpose is to alleviate the financial burden that families face when caring for a child with cerebral palsy and to ensure access to necessary care and support. 

How Long Does a Cerebral Palsy Lawsuit Take?

The duration of a cerebral palsy lawsuit can vary depending on the complexity of the case, the willingness of the parties to settle, and the court's schedule. Typically, these cases can take several months to a few years to resolve. An attorney from Brown & Barron, LLC can offer a more precise timeline based on your specific circumstances, ensuring you are informed at every step of the process.