Doctor Liability in Cases of Cerebral Palsy at Birth

Cerebral palsy is caused by brain damage. Cerebral Palsy results in a child’s inability to control his muscles. It can affect any muscle group and depending on the group affected, a child will be unable to perform basic tasks such as walking, or talking. 

Even though cerebral palsy affects muscle movement, it isn’t caused by problems in the muscles or nerves.  It is caused by abnormalities in parts of the brain that control muscle movements. The early signs of cerebral palsy usually appear before a child reaches 3 years of age.  The most common are a lack of muscle coordination when performing voluntary movements, stiff or tight muscles and exaggerated reflexes, walking with one foot or leg dragging or walking on the toes, and muscle tone that is either too stiff or too floppy.

What Causes Cerebral Palsy?

How a child ends up with brain damage varies from case to case. Most cases are a result of a birth defect resulting from a bleeding into the brain of unborn child, or from a lack of oxygen to the brain during the birthing process.  While rare, it is possible for brain damage to occur following an undiagnosed case of meningitis or after a severe blow to the head.

Doctor Liability

While the causes of Cerebral Palsy are often unknown, there are steps that can be taken to prevent it.  A doctor may be liable if he fails to properly monitor a pregnant patient. A doctor should help the pregnant patient to maintain good prenatal care including ultrasound monitoring of the baby’s condition and monitoring of the mother’s health.  Tests should be performed to determine the mother’s risk of diabetes, anemia, hypertension or nutritional deficiencies.  All of these conditions in the pregnant patient can increase the risk of a baby having Cerebral Palsy.

A doctor might also be liable if he fails to properly monitor the condition of the baby and mother during the birthing process.  He must monitor the amount of oxygen going to the baby’s brain and must properly supervise other medical personnel and the use of the proper medical equipment in the birthing process. 

Costs Associated with Cerebral Palsy

Some mild cases of Cerebral Palsy will not require a great deal of treatment, but most patients will need physical and occupational therapy.  In some cases, patients will need speech therapy, drugs to control seizures, relax muscle spasms, and alleviate pain.  In more extreme cases, a patient may need surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; wheelchairs and rolling walkers; and communication aids such as computers with attached voice synthesizers.  There are also costs to the patient and to the family of the patient who might need personal assistance or medical care for life.  A doctor who is found to be negligent in the cause of Cerebral Palsy will be liable for these costs to the patient and the family.

Get Legal Help!

Many cases of Cerebral Palsy will result from no fault of the doctor, but it is possible that a doctor’s negligence may be the cause of Cerebral Palsy. Doctors and neurologists perform many tests and review the child’s medical history to determine the cause of a child’s Cerebral Palsy.  An experienced personal injury attorney can help you find the medical experts needed to assess the true cause of your child’s Cerebral Palsy and help you recover the costs you will incur as a result.