“Your baby has cerebral palsy—but we don’t know what caused it.” Those words–or something similar— are what most parents hear when their child is diagnosed with cerebral palsy (CP). It’s frustrating to not know why. It’s frustrating to be asked to simply accept your child’s fate without asking questions.
What you won’t find mentioned there is that many cases of CP are negligence-related. But it’s a (very sad) reality. As Houston cerebral palsy lawyers with a combined 60+ years of experience, we’ve encountered a startling number of cerebral palsy/negligence cases.
But if there’s a chance your child’s CP was preventable, you should be asking questions. If a doctor or nurse’s mistake caused your child’s injury, wouldn’t you want to know?
Can Medical Negligence Cause Cerebral Palsy?
Cerebral palsy is a group of movement disorders. Symptoms (such as difficulty walking and posture issues) usually appear before age 3. The cause can be congenital, meaning the baby had a brain defect that developed before birth. But CP can also be caused by brain damage that occurs because of complications during pregnancy or birth.
According to the Centers for Disease Control and Prevention (CDC), CP affects about 1 in 345 children in the United States. Globally, the prevalence of cerebral palsy is estimated to be around 2 to 3 per 1,000 live births. And right there on the CDC’s page of statistics, you’ll also find these words: “The specific cause of CP in most children is unknown.”
Medical negligence can also cause cerebral palsy. If a child had no brain defects during pregnancy, and yet developed CP after birth, it’s likely that a birth complication (that may or may not have involved negligence) caused their condition.
Here’s how negligence could lead to CP:
- Failure to monitor and respond to fetal distress during labor and delivery.
- Delayed or improper use of interventions such as cesarean section when necessary.
- Improper administration of medications, including drugs that can affect fetal development or oxygenation.
- Failure to detect or properly manage maternal infections during pregnancy can affect fetal brain development.
- Inadequate monitoring or management of conditions such as umbilical cord complications or placental abnormalities during labor and delivery.
- Inadequate neonatal care or resuscitation measures immediately following birth, can lead to oxygen deprivation or brain injury.
These aren’t the only ways that negligence can lead to a diagnosis of CP. Since many humans are involved in birth—anesthesiologists, doctors, nurses, and more—there’s plenty of room for human error. A birth injury lawyer can help you determine who, if anyone, can be held legally liable for your child’s condition.
How Can a Cerebral Palsy Lawyer Help Me?
If you believe a healthcare worker’s mistake caused your child’s cerebral palsy, you should contact a cerebral palsy lawyer. This type of lawyer works specifically with CP and similar birth injury cases. That works to your advantage since CP legal cases can be as intricate as a spider’s web. A CP lawyer can help you untangle the “mystery” of your case and get to the bottom of what went wrong, and who’s at fault.
If you’re a Texas resident, you need to hire an attorney who practices in Texas. That’s important because they’ll know your rights and options under Texas law.
Here’s what valuable assistance a Texas CP lawyer can offer you:
- Legal advice and guidance specific to Texas
- An investigation of the circumstances of your case
- An answer as to whether or not you can sue for malpractice
- Help with gathering evidence to support your case
- Expert consultations. (Cerebral palsy cases often require input from medical experts to establish the link between medical negligence and the condition.)
- Case preparation (Filing paperwork, gathering documentation, building a compelling legal argument).
- Negotiation of a settlement on your behalf.
- If no settlement is reached, your lawyer will advocate for your rights in front of a judge and jury.
- Maximizing compensation for your damages. (Such as medical expenses, lost income, and pain and suffering).
FAQs
You may be able to get money to help pay for cerebral palsy treatment. This money could come from various sources, including government benefits, health insurance, nonprofits, and compensation from malpractice claims. Here are several sources for CP financial assistance:
– Children’s Health Insurance Program (CHIP)
– Special education services under The IDEA (Individuals with Disabilities Education Act)
– Supplemental Security Income (SSI): available for disabled individuals with limited income and resources in the US.
– Medicaid
– Temporary Assistance for Needy Families (TANF)
– Cerebral palsy grants (such as those granted by The UnitedHealthcare Children’s Foundation (UHCCF)
– Compensation from settling or winning a medical malpractice lawsuit
Cerebral palsy (CP) can have various causes. Negligence is one possible factor. Medical negligence during prenatal care, labor, delivery, or after birth can contribute to CP. Examples include failing to monitor and respond to fetal distress, improper use of medical tools during delivery, or not treating infections.
If you think negligence is a factor in your child’s diagnosis, you should contact a cerebral palsy lawyer. Your lawyer can help you investigate the specific circumstances of your case to determine the cause.
In certain circumstances, it’s possible to file a claim for medical negligence that led to cerebral palsy. To do so, you have to show that your child’s injuries were avoidable. You also need to prove the healthcare provider failed to meet the standard of care expected and caused harm.
If you wish to file a claim, seek a lawyer experienced in medical malpractice cases, especially those involving cerebral palsy. This type of lawyer is more likely to have access to medical experts. Their testimony can help win your case.