Understanding Cerebral Palsy And Your Legal Options
Cerebral palsy (CP) is a neurological condition that impacts movement and muscle tone. Complications during childbirth can potentially lead to CP. When such complications occur due to medical negligence, a medical malpractice lawsuit may be an option for pursuing justice. If your child has been diagnosed with CP, a skilled cerebral palsy injury attorney can advise you on whether this legal route is available to your family.
With over 35 years of experience, Louisville cerebral palsy lawyer David Gray provides skilled birth injury representation to parents throughout Kentucky. He understands what it takes to detect and prove medical negligence in cerebral palsy cases. Turn to his firm, Gray Law, PLLC, for trusted guidance and dedicated advocacy.
What Is Cerebral Palsy?
Cerebral palsy is a class of medical disorders in which brain damage causes muscle, movement and posture issues. It is among the most common motor disabilities for children. It comes in five main types:
- Ataxic
- Athetoid
- Spastic
- Hypotonic
- Mixed
CP has the potential to affect many different areas of a child’s life including mobility, development, speech, eating, eyesight, hearing, mental health and sleep. The severity of this condition and its impacts varies greatly from case to case.
Causes Of Cerebral Palsy
There are a variety of different things that can cause CP in children. This condition can be the result of genetic changes or accidents suffered as an infant. Complications during pregnancy, labor or delivery are common contributors. Among the childbirth complications that could cause CP are:
- Lack of oxygen (hypoxia)
- Infections
- Head trauma from the delivery process
- Medical mistakes
Timely diagnosis and intervention are crucial in the prevention and mitigation of CP.
Symptoms And Diagnosis
What can be signs of CP? Common symptoms include:
- Difficulty with motor skills, including walking
- Muscle stiffness
- Exaggerated reflexes
- Problems with eating and swallowing
- Speech issues
- Coordination and balance issues
- Developmental delays
- Pain
The types of symptoms that may arise vary depending on the type and severity of CP.
There are a variety of methods medical professionals use in diagnosing CP. Examples include evaluating medical history, conducting physical exams and utilizing imaging tests to assess brain development.
Once a cerebral palsy diagnosis is reached, a treatment plan can be put in place to address the effects of this condition. Potential treatments include assistive care, medications, surgeries and therapies. In some instances, lifelong care may be necessary.
Legal Options For Families Affected By Cerebral Palsy
There are certain legal routes families of children with cerebral palsy may have available to pursue financial relief to put toward treatment and other expenses related to the condition. One of these is a medical malpractice lawsuit. This option may be one to consider if you suspect medical errors were present. Types of medical mistakes that could potentially contribute to CP include:
- Failure to detect and promptly address fetal distress
- Improper delivery tool use
- Not responding properly to a mother’s medical condition.
To prove medical malpractice in a cerebral palsy birth injury case, you generally need to show that:
- A health care provider owed your child a duty of care
- They failed to meet the appropriate standard of care during the labor and delivery process
- This failure was a significant factor in your child developing CP
- Developing CP has caused your child harm
Skilled cerebral palsy injury attorneys can evaluate potential claims and guide families on whether they would have a strong case for medical malpractice in relation to CP.
What Steps Can You Take If You Suspect Medical Malpractice?
If you suspect medical malpractice in relation to your child’s CP, important measures to take include:
- Gathering medical records
- Seeking second opinions from health care professionals
- Reaching out to an experienced cerebral palsy injury attorney who can explain your rights and assess your options
David Gray stands ready to help your family when you believe medical professionals exposed your child to harm during the birthing process.
Speak To An Experienced Cerebral Palsy Injury Attorney
Get the legal answers and guidance you need when your child has been diagnosed with cerebral palsy following a difficult delivery. Connect with birth injury attorney David Gray today by filling out his firm’s online contact form or calling 502-205-7578. David offers free consultations.