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.

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.

Understanding some of the common causes of cerebral palsy can be important when determining if someone is accountable for the injuries sustained. 

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. Here’s a detailed overview of how cerebral palsy is diagnosed:

• Medical History and 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.
• 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.
• 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.
• 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.
• 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.
• Consultations with Specialists: A multidisciplinary team, including pediatricians, neurologists, and developmental specialists, may be involved in the diagnostic process. Their collective expertise helps in making a comprehensive assessment and developing an accurate diagnosis.

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.

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. Here’s an overview of common treatment options:

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.

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.

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.

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.

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.
• Selective Dorsal Rhizotomy (SDR): A procedure to reduce spasticity by cutting specific nerve roots in the spinal cord.
• Muscle Release Surgery: To lengthen or release tight muscles and improve range of motion.

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.

Psychological and 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.

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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.