Cerebral Palsy

Many disabilities and illnesses can be prevented or diagnosed early on if detected in the development phase. Unlike uncontrollable genetic predispositions, medical errors are completely avoidable and should be prevented. One such disease that is caused almost solely by medical error is Cerebral Palsy.

Along with severe movement abnormalities, Cerebral Palsy can also cause problems with sensation, perception, cognition, communication, and behavior, by epilepsy, and by secondary musculoskeletal problems.

Cerebral Palsy is a lifelong illness that has no known cure. Most of the causes of Cerebral Palsy are known to happen during very crucial development periods of the fetus, or during the birthing process. This can include problems in intrauterine development (e.g. exposure to radiation, infection), asphyxia before birth, hypoxia of the brain, and birth trauma during labor and delivery, and complications in the prenatal period or during childhood. Infants that are most susceptible to Cerebral Palsy include twins, because perturbations in blood flow that monochorionic share can cause the death of one and damage to the development of the surviving fetus. Premature babies are also a high risk in part because their organs are not fully developed, increasing the risk of hypoxic injury to the brain that may manifest as Cerebral Palsy. In fact about forty (40) to fifty (50) percent of all Cerebral Palsy cases include a prematurely born child.

Too many of the causes of Cerebral Palsy are due to the error of a medical provider. This constitutes medical malpractice and is warrant for compensation. Below are ways that Cerebral Palsy can be caused by medical malpractice:

• Leaving the child in the birth canal too long causing a lack of oxygen to the brain
• Failure to recognize and treat seizures following delivery
• Failure to detect a prolapsed cord (the umbilical cord can wrap around the child's neck, cutting off oxygen to the brain)
• Excessive use of vacuum extraction
• Improper use of forceps
• Failure to perform a cesarean section in the presence of fetal distress
• Not responding to changes in the fetal heart rate
• Failure to plan a C-section (a high birth weight infant could compromise normal, spontaneous, vaginal delivery)
• Failure to respond to the mothers changing conditions, such as high blood pressure or toxemia
• Failure to timely diagnose and treat jaundice
• Failure to timely diagnose and treat meningitis

Doctors and nurses caring for the expectant mother and unborn child are responsible for providing safe and effective care before, during, and after birth. When proper procedure is not followed, and the standard of care is broken, permanent brain damage to the unborn child can occur. The following are indicators that a medical mistake may have caused your child's cerebral palsy:

1. Emergency delivery with forceps, vacuum extraction, or cesarean section.
2. Your child required resuscitation (CPR) after birth.
3. Following delivery, your child was transferred to a different hospital, or spent time in the NICU (neonatal intensive care unit).
4. Your child had seizures immediately after birth, or within the first 3-4 days of life.
5. Your child required special testing after birth, such as an MRI, or brain scan.
6. Your child required oxygen to facilitate breathing after birth.
7. A specialist was called to care for your newborn.

If you feel that you or your child is a victim of wrongful negligence or medical malpractice, contact us at The Gooch Firm, P.C. today.