Cerebral Palsy: How to Seek Legal Damages for Birth Trauma

Cerebral palsy is a medical condition caused by an injury to the brain that may occur before, during, or immediately after birth. Cerebral palsy results in lack of muscle control and movement.

Sometimes cerebral palsy is caused by preventable brain injury during or immediately after birth. In these cases consulting a birth injury attorney is imperative for seeking justice.

Cerebral palsy is not progressive, meaning, it does not result in more brain damage over time, but the effects of the condition can change over time. Common symptoms include seizures, spasms, vision problems, hearing problems, and learning disorders.

A birth injury attorney will be able to assess what kind of accommodation and care will be appropriate and the costs of that care. Birth injury attorneys recognize a few procedures during birth that may lead to cerebral palsy.

It may be caused by the infant not receiving adequate oxygen during birth, or the improper use of forceps or vacuum devices during birth. A new study has indicated that the use of antibiotics during premature labor can increase a baby’s risk of developing cerebral palsy.

Approximately 3,000 children are diagnosed with cerebral palsy every year in the U.S. Not all cases are caused by birth injury. Some cases are caused by birth defects occurring during the pregnancy. Often, parents are told that cerebral palsy was unavoidable.

If there is some question of the cause, parents may contact a birth injury attorney to investigate further. Whether a case of cerebral palsy results in seizures, muscle coordination problems, learning disabilities or mental retardation, high quality medical and educational services can drastically improve quality of life for children with the condition.

Seeking the means to address these problems in cases of cerebral palsy caused by brain injury during birth is the job of a birth injury attorney. If a parent suspects that the circumstances of a child’s cerebral palsy are not being fully disclosed, they may retain a birth injury attorney to investigate exactly what caused the cerebral palsy and when.

It may be that a case of cerebral palsy was caused by an avoidable injury during or immediately after delivery. However, there are cases when the exact cause or timing cannot be determined. Every day birth injury attorneys and doctors debate the causes of cerebral palsy in courts of law.

Because cerebral palsy can be caused by so many different factors - from genetics to maternal drug use - it is not always easy to pinpoint a primary cause. Doctors may blame unidentified or undocumented events for the brain damage, or they may blame low birth weight or prematurity.

But cerebral palsy can also be caused by asphyxia, or lack of oxygen during birth, and it can be caused by undiagnosed and untreated infections during birth. In all cases, however, damage to the infant’s brain is caused when blood flow to the brain is reduced.

The longer lack of oxygen persists, the more harmful acids build up in the blood, causing further brain damage. Every physician delivering an infant must watch for signs that the infant’s oxygen or blood supply is compromised.

The longer a lack of oxygen persists, the more likely is the possibility of severe brain damage. Electronic fetal monitoring can alert physicians to conditions that could lead to lack of oxygen. Doctors and nurses must be able to recognize fetal heart rate patterns that show up during fetal monitoring that may indicate danger.

Often, the delivery must be expedited to ensure the health of the infant. In cases where negligence leads to an infant developing cerebral palsy, a birth injury attorney may file suit in an attempt to help the family cope with the overwhelming costs involved in the care of the child.