As an expectant parent, nothing brings you more joy than to have a happy and healthy baby. However,
medical negligence during pregnancy and the delivery process may cause the newborn to develop
cerebral palsy.
Cerebral palsy is a devastating health problem which often occurs as a result of low oxygen levels
reaching the brain of an infant during labor or delivery. Regardless of how minor or severe the condition
is, its impact on the child and parents is for a lifetime. While some newborns suffer cerebral palsy
through no fault of anyone, about 10% of infants born with the condition develop it due to medical
negligence.
What is Cerebral Palsy?
Cerebral palsy is a neurological disorder that affects motor function and muscle coordination. While a
deficient amount of oxygen in the baby’s brain is the leading cause of cerebral palsy, numerous factors
can impact the child’s brain, and result in this disorder. The brain regulates most motor functions, so
when it is damaged, body movements and other important functions are affected. Though most children
diagnosed with cerebral palsy were born with the condition, whether due to medical negligence or
other factors, others may acquire it within the first few years of life.
Types of Cerebral Palsy Caused by Medical Negligence
A number of neurological disorders are considered cerebral palsy. Types of cerebral palsy caused by
medical negligence include spastic cerebral palsy, athetoid cerebral palsy and ataxic cerebral palsy.
Spastic Cerebral Palsy
Representing over 70% of diagnoses, spastic cerebral palsy is the most common form of cerebral palsy.
the muscle of people who suffer this condition feel stiff and their movements typically appear jerky. The
muscles feel stiff as a result of incorrect messages sent to the muscles due to the damage done to the
brain. Spasticity, a form of hypertonia, is caused by damage to bundles of neurons in the brain and
spinal cord known as corticobulbar tracts and corticospinal tracts.
What is Spastic Cerebral Palsy?
This is a developmental disorder which arises as a result of damage to the brain during pregnancy,
delivery or within the first few years of the child’s life. The stiffness and jerkiness caused by this
condition makes simple tasks, like walking or even picking up small objects, more challenging. Some
children suffering spastic cerebral palsy also develop co-occurring conditions ranging from epilepsy to
attention deficit hyperactivity disorder (ADHD).
Effects of Spastic Cerebral Palsy on the Upper Limbs (Arms and Hands)
Spasticity affecting one or both arms could lead to flexion at the elbow (causing bent elbow), flexion at
the wrist (causing bent wrist), and flexion at the fingers (causing fisted fingers). When spasticity affects
these areas, the individual will experience difficulty in getting dressed, writing, toileting oneself,
handling objects, eating or drinking, washing. It may also affect the person’s ability to effectively use
their arms for balance which can cause difficulty in walking or standing.
Effects on the Lower Limbs (Legs)
Spasticity affecting one or both legs could lead to adduction of the thighs (causing the legs to pull
together), flexion at the hip (causing the leg to lift upwards when lying), flexion at the knees (causing
changes in standing posture) and equinovarus foot posture (causing limited upward bending motion of
the ankle joint). Spasticity in one or both legs may affect a person’s ability to walk and run, stand
upright, move or adjust in bed, sit upright or move from one position to another.
Effects on Speech
Spasticity can also affect smaller muscle groups such as the vocal folds, facial muscles and tongue. When
spasticity affects these areas, the person may suffer imprecise and slow oral movements, a tight or
hoarse voice and slurred speech. This can affect the communication ability of such one, and may mean
that alternative communication options such as voice generating devices, pictures and symbols are
used.
Athetoid Cerebral Palsy
Athetoid cerebral palsy is a movement disorder characterized by uncontrolled movements. Affecting
about 10% of children with cerebral palsy, athetoid cerebral palsy causes the affected individual to make
erratic movements, especially when in motion. Children with athetoid cerebral palsy usually experience
muscle tone fluctuations – as the muscle can be stiff at times (hypertonia) or floppy at other times
(hypotonia).
Effects of Athetoid CP On the Basal Ganglia
The basal ganglia refers to a set of brain structures responsible for the coordination of voluntary
movement. They help the brain control motor function and also help in the regulation of learning and
thinking. As a result, when there is damage to the basal ganglia, the motor function is affected, and the
person experiences involuntary movements.
Effects of Athetoid CP On the Cerebellum
The cerebellum regulates the precision of movements and coordination – two essentials for balance and
fine motor skills. The cerebellum is also essential to cognitive functions such as attention and
communication. Damage to the cerebellum makes coordination and balance challenging. It also causes
co-occurring disorders like epilepsy and autism.
Ataxic Cerebral Palsy
This is the least common type of cerebral palsy, affecting about 5 to 10% of children with CP. Ataxic
cerebral palsy is derived from the word “ataxia”, meaning lack of order and coordination. In addition to
tremors, children suffering this condition experience speech and oral problems. There is currently no
cure for ataxic CP. However, there are a range of medical procedures that can help children cope with its
challenges.
Effects of Ataxic CP on Speech
Children with ataxic CP may experience what is known as ‘scanning speech’ – speaking in a monotone
voice characterized by a combination of accelerations and pauses while talking. While speaking, children
may also give off a breathing sound.
Effects of Ataxic CP on the Oral Cavity
Most children and even adults suffering ataxic CP may experience difficulty swallowing fluids and foods.
They may also experience delayed gastric and intestinal responsiveness, ultimately leading to issues like
gastrointestinal reflux disease (GERD) and acid reflux.
When Does Medical Negligence Cause Cerebral Palsy?
Cerebral palsy is often caused by asphyxia (insufficient oxygen supply to the body), hypoxia (insufficient
oxygen supply to the brain), trauma during delivery, or premature delivery. All of these can arise from
negligent care during labor or childbirth. However, that a baby is born with cerebral palsy does not
necessarily mean that medical malpractices have been responsible. There could still be negative
outcomes even when health professionals exercise the greatest possible care while attending to mother
and child.
But there are common mistakes doctors, nurses and health professionals make when medical
negligence has caused cerebral palsy:
Failure to appropriately monitor the fetal heart rate during labor and childbirth
Delaying important cesarean section in the face of an emergency
Failure to set up a cesarean section when the baby cannot be delivered vaginally
Failure to spot and give attention to a prolapsed umbilical cord
Failure to identify and take care of infections in the mother during pregnancy
Other medical malpractices related to the use of medical instruments like vacuum or forceps
during delivery.
Making a Cerebral Palsy Claim
Averaging over $1 million for lifelong care, taking care of a child with cerebral palsy can be quite
expensive. This is typically more than an average family can afford. Making cerebral palsy claims can
help parents obtain compensation that can help offset the overwhelming expenses associated with
taking care of a child with cerebral palsy. These expenses could cover medication, lost wages,
transportation, counseling, special education, home accommodations, physical therapy, pain and
suffering, and assistive equipment such as soundboards, walkers, or wheelchairs.
However, filing a medical negligence lawsuit can be time consuming and complicated. To boost your
chances of success, it is important that you work with knowledgeable medical negligence solicitors and
medical experts. Medical negligence solicitors will ask for all relevant medical records while a medical
expert will organize a medical examination and provide a subsequent report. All of these are aimed at
ensuring you are able to prove that the treatment you received fell below the acceptable standards.
Your claim must also be made within two years of the date of the injury or two years following the date
you had knowledge of the injury. Since cerebral palsy is a birth related injury, the time limit is calculated
from the baby’s date of birth. At this stage, a parent can make a claim on behalf of the child if they wish
to do so. But if the child is the injured party, the two-year time limit only begins when the child turns 18
years of age.
medical negligence during pregnancy and the delivery process may cause the newborn to develop
cerebral palsy.
Cerebral palsy is a devastating health problem which often occurs as a result of low oxygen levels
reaching the brain of an infant during labor or delivery. Regardless of how minor or severe the condition
is, its impact on the child and parents is for a lifetime. While some newborns suffer cerebral palsy
through no fault of anyone, about 10% of infants born with the condition develop it due to medical
negligence.
What is Cerebral Palsy?
Cerebral palsy is a neurological disorder that affects motor function and muscle coordination. While a
deficient amount of oxygen in the baby’s brain is the leading cause of cerebral palsy, numerous factors
can impact the child’s brain, and result in this disorder. The brain regulates most motor functions, so
when it is damaged, body movements and other important functions are affected. Though most children
diagnosed with cerebral palsy were born with the condition, whether due to medical negligence or
other factors, others may acquire it within the first few years of life.
Types of Cerebral Palsy Caused by Medical Negligence
A number of neurological disorders are considered cerebral palsy. Types of cerebral palsy caused by
medical negligence include spastic cerebral palsy, athetoid cerebral palsy and ataxic cerebral palsy.
Spastic Cerebral Palsy
Representing over 70% of diagnoses, spastic cerebral palsy is the most common form of cerebral palsy.
the muscle of people who suffer this condition feel stiff and their movements typically appear jerky. The
muscles feel stiff as a result of incorrect messages sent to the muscles due to the damage done to the
brain. Spasticity, a form of hypertonia, is caused by damage to bundles of neurons in the brain and
spinal cord known as corticobulbar tracts and corticospinal tracts.
What is Spastic Cerebral Palsy?
This is a developmental disorder which arises as a result of damage to the brain during pregnancy,
delivery or within the first few years of the child’s life. The stiffness and jerkiness caused by this
condition makes simple tasks, like walking or even picking up small objects, more challenging. Some
children suffering spastic cerebral palsy also develop co-occurring conditions ranging from epilepsy to
attention deficit hyperactivity disorder (ADHD).
Effects of Spastic Cerebral Palsy on the Upper Limbs (Arms and Hands)
Spasticity affecting one or both arms could lead to flexion at the elbow (causing bent elbow), flexion at
the wrist (causing bent wrist), and flexion at the fingers (causing fisted fingers). When spasticity affects
these areas, the individual will experience difficulty in getting dressed, writing, toileting oneself,
handling objects, eating or drinking, washing. It may also affect the person’s ability to effectively use
their arms for balance which can cause difficulty in walking or standing.
Effects on the Lower Limbs (Legs)
Spasticity affecting one or both legs could lead to adduction of the thighs (causing the legs to pull
together), flexion at the hip (causing the leg to lift upwards when lying), flexion at the knees (causing
changes in standing posture) and equinovarus foot posture (causing limited upward bending motion of
the ankle joint). Spasticity in one or both legs may affect a person’s ability to walk and run, stand
upright, move or adjust in bed, sit upright or move from one position to another.
Effects on Speech
Spasticity can also affect smaller muscle groups such as the vocal folds, facial muscles and tongue. When
spasticity affects these areas, the person may suffer imprecise and slow oral movements, a tight or
hoarse voice and slurred speech. This can affect the communication ability of such one, and may mean
that alternative communication options such as voice generating devices, pictures and symbols are
used.
Athetoid Cerebral Palsy
Athetoid cerebral palsy is a movement disorder characterized by uncontrolled movements. Affecting
about 10% of children with cerebral palsy, athetoid cerebral palsy causes the affected individual to make
erratic movements, especially when in motion. Children with athetoid cerebral palsy usually experience
muscle tone fluctuations – as the muscle can be stiff at times (hypertonia) or floppy at other times
(hypotonia).
Effects of Athetoid CP On the Basal Ganglia
The basal ganglia refers to a set of brain structures responsible for the coordination of voluntary
movement. They help the brain control motor function and also help in the regulation of learning and
thinking. As a result, when there is damage to the basal ganglia, the motor function is affected, and the
person experiences involuntary movements.
Effects of Athetoid CP On the Cerebellum
The cerebellum regulates the precision of movements and coordination – two essentials for balance and
fine motor skills. The cerebellum is also essential to cognitive functions such as attention and
communication. Damage to the cerebellum makes coordination and balance challenging. It also causes
co-occurring disorders like epilepsy and autism.
Ataxic Cerebral Palsy
This is the least common type of cerebral palsy, affecting about 5 to 10% of children with CP. Ataxic
cerebral palsy is derived from the word “ataxia”, meaning lack of order and coordination. In addition to
tremors, children suffering this condition experience speech and oral problems. There is currently no
cure for ataxic CP. However, there are a range of medical procedures that can help children cope with its
challenges.
Effects of Ataxic CP on Speech
Children with ataxic CP may experience what is known as ‘scanning speech’ – speaking in a monotone
voice characterized by a combination of accelerations and pauses while talking. While speaking, children
may also give off a breathing sound.
Effects of Ataxic CP on the Oral Cavity
Most children and even adults suffering ataxic CP may experience difficulty swallowing fluids and foods.
They may also experience delayed gastric and intestinal responsiveness, ultimately leading to issues like
gastrointestinal reflux disease (GERD) and acid reflux.
When Does Medical Negligence Cause Cerebral Palsy?
Cerebral palsy is often caused by asphyxia (insufficient oxygen supply to the body), hypoxia (insufficient
oxygen supply to the brain), trauma during delivery, or premature delivery. All of these can arise from
negligent care during labor or childbirth. However, that a baby is born with cerebral palsy does not
necessarily mean that medical malpractices have been responsible. There could still be negative
outcomes even when health professionals exercise the greatest possible care while attending to mother
and child.
But there are common mistakes doctors, nurses and health professionals make when medical
negligence has caused cerebral palsy:
Failure to appropriately monitor the fetal heart rate during labor and childbirth
Delaying important cesarean section in the face of an emergency
Failure to set up a cesarean section when the baby cannot be delivered vaginally
Failure to spot and give attention to a prolapsed umbilical cord
Failure to identify and take care of infections in the mother during pregnancy
Other medical malpractices related to the use of medical instruments like vacuum or forceps
during delivery.
Making a Cerebral Palsy Claim
Averaging over $1 million for lifelong care, taking care of a child with cerebral palsy can be quite
expensive. This is typically more than an average family can afford. Making cerebral palsy claims can
help parents obtain compensation that can help offset the overwhelming expenses associated with
taking care of a child with cerebral palsy. These expenses could cover medication, lost wages,
transportation, counseling, special education, home accommodations, physical therapy, pain and
suffering, and assistive equipment such as soundboards, walkers, or wheelchairs.
However, filing a medical negligence lawsuit can be time consuming and complicated. To boost your
chances of success, it is important that you work with knowledgeable medical negligence solicitors and
medical experts. Medical negligence solicitors will ask for all relevant medical records while a medical
expert will organize a medical examination and provide a subsequent report. All of these are aimed at
ensuring you are able to prove that the treatment you received fell below the acceptable standards.
Your claim must also be made within two years of the date of the injury or two years following the date
you had knowledge of the injury. Since cerebral palsy is a birth related injury, the time limit is calculated
from the baby’s date of birth. At this stage, a parent can make a claim on behalf of the child if they wish
to do so. But if the child is the injured party, the two-year time limit only begins when the child turns 18
years of age.
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