CEREBRAL PALSY LAWYER

 I.          Cerebral Palsy – Information

Cerebral Palsy is a condition caused by damage to the brain, usually occurring immediately before, during or shortly after birth.  The term Cerebral Palsy is not a diagnosis, but rather it provides a useful therapeutic classification for children with involuntary movements, in coordination and static spastic paresis.  It is not curable, but with therapy, education and extensive medical assistance, some patients with Cerebral Palsy can adjust and lead productive lives.  However,  those with severe Cerebral Palsy, unfortunately, their lives may be totally dependent on the assistance of families, medical communities and others entities for  their entire lives.

II.        Cerebral Palsy -  Lack of Oxygen

During the birth, many times the child’s ability to obtain needed oxygen is a chief cause of Cerebral Palsy.  It may result from premature separation of the placenta, too large of baby for the birth canal or pelvis, too long or too abrupt of labor, awkward and/or breech deliveries, cord entanglement, excessive Pitocin, shoulder dystocia, failure to order timely cesarean (c-section), placenta abruptus, excessive force or use of vacuum or forceps, and ruptured uterus.  Infant’s symptoms of oxygen deprivation may include but are not limited to:

1) low apgar scores
2) acidosis (low ph)
3) blue skin tone
4) seizures
5) cerebral edema
6) difficulty breathing on its own
7) severely bruised at birth (evidence of forced delivery or excessive trauma during birth)

 III.        Medical Diagnosis Associated with Birthing Injuries

 If your child was injured during the birthing process and the medical diagnosis indicates :

1) Cerebral Palsy
2) Hypoxic – Ischemic Encephalopathy
3) Birth Asphyxia
4) Static Encephalopathy
5) Neonatal Depression
6) Traumatic Birth
7) Developmental Delays

then, there may be evidence of a birthing injury to your child.  Of course, not until a thorough review of all necessary medical records by a medical expert, can this be confirmed. 

IV.       Symptoms of Cerebral Palsy  

Cerebral Palsy appears to be categorized in three main types:

1) Spastic Cerebral Palsy- Spastic syndromes are the most common, representing about 70% of all Cerebral Palsy cases.  The spasticity is due to upper motor neuron involvement and may mildly or severely affect motor function.  The affected limbs appear stiff and difficult to move.  These limbs are usually underdeveloped and show increased deep tendon reflexes and muscular hypertonicity, weakness and a tendency to contractures.

2) Athetoid Cerebral Palsy- Athetoid or dyskinetic syndromes occur in about 20% of the Cerebral Palsy cases and usually result from basal ganglia involvement.  The resultant slow writhing, involuntary or uncontrolled movements may affect the extremities (athetoid) or proximal parts of the limbs and trunk.

3) Ataxic Cerebral Palsy - Ataxic Syndromes are very uncommon, usually affecting less than 10% of the Cerebral Palsy cases and result from involvement of the cerebellum or its pathways and produce weakness, incoordination, wide-based gait, imbalance and difficulty in depth perception.

*Mixed forms of the above three are common, most often a mixture of  spastic and athetoid.         

V.        Cerebral Palsy Lawsuit - Malpractice Legal Actions

If your baby has been diagnosed with Cerebral Palsy and you believe that the medical providers (Doctors, nurses, and/or assistants and hospital staff) actions or omissions contributed to your child’s present condition or you have been told that the diagnosis or symptoms indicate that a birth trauma or birth injury may have injured your child, then you may have a legal action for medical malpractice.

Medical Malpractice is a based on evidence of a negligent act  and/or  omission by  a doctor, hospital, nurse or other health care provider which proximately caused or contributed to the injuries or damages  to  the child. In order to make a claim for medical malpractice, there must be a departure from an accepted custom or practice which caused the injury. In these  cases medical experts must be hired  to help prove  the negligent act or omission and testify as to what the standard of care is  AND whether such acts  caused the child’s injuries. Other  experts ranging from nursing experts, economists,  future life care planners ( cost of  past and future medical  treatments , nursing care, education,  evaluations,  home care, modifications, ..etc), and other experts needed to prove the injuries and damages suffered by the child and the parents.

All cases are handled on a contingency  fee basis. This  means that  unless there is a recovery made , there is no charge for  the attorney’s time , expenses or  other costs  expended in pursing the case. If an agreed upon  settlement is made  , then   the attorneys will receive  there fee and  legal  costs  expended on the case. All attorney fee contracts are  in writing and fully   states  the  terms of  the agreed upon contract. All expenses / costs  in the case are recorded in the client’s file  and are open for viewing  and  backed up by written documentation . In most cases involving severe injuries to  a  child, the judge of the  local  court will assign an attorney( usually at the cost of the Defendants)  to review the details, allegations,  and evidence  of the case  and  the expenses  and actually appear before the court  and given the judge his or her recommendation  to  the settlement . This procedure  is done  to protect the child’s interest  and  prevent  some  over reaching parents or guardians from  taking advantage  of the child’s settlement  AND to insure that  the moneys set aside  for the use  and benefit of the child  are there in the future when the child needs them and not wasted  by others.

If you have a question regarding whether or not medical negligence may have contributed or caused to your child's injury, then call and talk to an injury attorney now. FREE CONFIDENTIAL CONSULTATION at 1-800-883-9858 (Toll Free)