Complications at Birth Leading to Cerebral Palsy

The term cerebral palsy is used to describe a variety of neurological conditions which impair development and cause physical disability, including an inability by the brain to control muscle and motor movements.  Cerebral palsy may be the result of a birth injury and often gives rise to medical malpractice lawsuits. 

What Causes Cerebral Palsy?

 Although cerebral palsy may be acquired after birth as a result of a head injury, infection, poisoning, or near drowning, many times it is caused as a result of avoidable incidents during pregnancy and delivery, including: 

• Mother’s malnutrition;
• Mother’s exposure to toxic substances;
• Mother has a small pelvis;
• Sexually transmitted diseases;
• Breech birth;
• Damage to the placenta; and
• Intracranial hemorrhage caused by the unborn baby having a stroke before or during delivery as a result of:
  • Pelvic inflammatory disease in the mother;
  • A blood clot in the placenta blocking blood flow;
  • Insufficient arterial blood flow to the baby’s brain;
  • Inflammation of the placenta and other disorders of the placenta;
  • Abnormal umbilical cord;
  • Prolonged labor;
  • Emergency or delayed C-Section;
  • Untreated pre-eclampsia in the mother;
  • Blood disorders in the baby;
  • Abnormal heart development in the baby;
  • Lack of oxygen to the babies brain during delivery; and
  • Vacuum extraction delivery. 

Cerebral Palsy Medical Malpractice Lawsuits

Parents often file cerebral palsy medical malpractice lawsuits on behalf on a child.  Some states, however, allow a child with cerebral palsy to file suit within two years of his 18th birthday.  

Regardless of whether the parents file on behalf of the child or the child himself files suit, certain elements must be proven in order to recover damages. 

• Duty of Care – The plaintiff must prove that there was a doctor-patient relationship which gave rise to a duty of care.
• Breach of Duty of Care – The plaintiff must prove that the doctor breached the duty of care.
• Injury – The plaintiff must prove that an injury was sustained.
• Proximate Cause – The plaintiff must prove that the physician’s breach of the duty of care was the cause of the injuries. 

Proving causation is critical in a cerebral palsy medical malpractice case and requires a thorough review of the medical history of the mother as well as the records documenting what occurred during the delivery.  Expert witness testimony is necessary to prove causation. 

Getting Legal Help

If your child was born with cerebral palsy, you may have only a limited amount of time to file a lawsuit.  Therefore, you should immediately consult with a qualified personal injury attorney to determine whether you have a valid claim.  A personal injury attorney will review the facts of your case and advise you of the best course of action.