This disease can alter the lives of children and their family. If you have a child, it can drastically change the way you live your life forever. Most families don’t have the financial capability to cover the cost of treatment and therapies for their child. For this, you can consult a Attorney to get the compensation you need and in some cases, get you discounts on medications and treatments in the hospital.

You can join Cerebral Palsy Associations for additional help, but these organizations can only do so much. They often have many patients that are in need of financial support that they tend to make you wait for your turn.

They can investigate if your child has acquired the condition because of mishandling them during birth, causing brain damage so they can file a lawsuit against the doctor or the hospital. If you want the proper compensation, you can obtain it by hiring a lawyer.

If you think that there has been birth or delivery mistakes that may have caused the child’s condition, you should immediately contact a attorney in order to get you the right compensation.

These kinds of lawsuits can really provide you with more than enough money for the treatment and medication for your child.

Another great thing about Cerebral Palsy attorneys is that you won’t have to pay them a dime until they get you your compensation.

Mishandling a child during birth is a very common cause So, you should not erase this on the list of possible causes and you can really make the doctor or the hospital pay for what they are responsible for.

You can also hire a Attorney to let the hospital give you a cheaper treatment fee for your child. This can really benefit you because therapy is often a long term therapy and can really cost a lot of money.

Always remember that treatment can be expensive. You can always seek help from attorneys to get you the proper compensation and also get you a cheap treatment for your child with Cerebral Palsy.

Mild, Moderate, or Severe Cerebral Palsy

At the time your child is determined to have a birth defect, the doctor may predict mild, moderate, or severe CP. In many cases, only time will tell what your child can/cannot achieve as the years go by.

Mild Cerebral Palsy: An individual who has been diagnosed may not seem to be disabled to the general population. Maybe he/she will have a sloppy gait when walking. Hand dexterity may be compromised, making fine motor skill tasks more difficult. Unless you are acquainted with this person, the problem may go unnoticed. In fact, strangers may simply assume someone with a mild case  had one too many beers at happy hour.

Moderate Cerebral Palsy: A person diagnosed with moderate disability has more physical and possibly mental challenges. Thus, it is hard to mistaken the signs of a brain injury for pure clumsiness or inebriation. Individuals with moderate CP will likely need physical, occupational, and possibly speech therapy to realize their full potential as adults.

In many cases, mobility aids and assisted living devices may be needed to make life easier. For example, ambulatory aids like crutches, walkers, and wheelchairs can mean the difference between a full and active life and being totally dependent on a caregiver.

Severe Cerebral Palsy: A diagnosis of severe trauma to the brain can be devastating for loved ones. Generally, the individual has full body involvement, including a mental disability. However, it is amazing to see people so encumbered by the injury still able to accomplish abilities thought beyond them. For example, electronic aids help people with the most limiting cases communicate by learning to use a touch screen device.

When first diagnosed, the many faces of cerebral palsy are blurred and hidden in the shadows of time to come. But, with a positive outlook and connections to the products and services available to make life a little easier, a lot of parents and other caregivers have helped special needs kids grow up and have happy successful lives.

As time goes on,  each life comes into focus, with a hope and a promise. In some cases, individuals with this brain injury grow up to lead virtually normal, successful lives. Others may need more help, but still manage to be very productive and independent as possible. Yes. Even those who are deemed severely disabled can have victories that make life a little easier and even enjoyable. The key is to not dwell on the impossible, but to imagine the possible. Despite the many different manifestations of CP, most can be worn with a smile, given the right outlook.

4 Major Classifications:

1. Spastic – occurs in 70 to 80 percent of all cases;
2. Ataxic – occurs in about 10 percent;
3. Athetoid or Dyskinetic – occurs in 40 percent of all cases; and,
4. Mixed – combines 2 or all 3 types of cerebral palsy.

Symptoms of Cerebral Palsy

- abnormal muscle tone (stiff or floppy) – bad posture (always slouches when sitting) – deformities in joint and bone (fixed or tight muscles and joints) – spasms (involuntary movement or facial gestures) – scissor walking (knocked knees) – lack of balance (uneven gait)

In severe cases of cerebral palsy, babies have an irregular posture, with their small bodies may be either floppy or stiff.

Causes of Cerebral Palsy

The causes are still a puzzle to doctors, even on this age of advanced medical technology. But some early studies have established that it can possibly occur during these 3 stages: at some stage in pregnancy (about 75 percent), while giving birth (about 5 percent), and after the child is born up to age of about three years old (about 15 percent).

In the United States, 1 to 2 babies in every 1,000 births are diagnosed with cerebral palsy each year. The nature of extent ranges from mild to severe.

Causes before birth: – asphyxia (oxygen deficiency before and during birth) – hypoxia (caused by asphyxia) – trauma while giving birth – premature birth – mother had infections during pregnancy – multiple birth (twins or triplets)

Causes after birth: – infections in the central nervous system (due to physical brain injury) – jaundice (characterized by yellowing of skin) – toxins (i.e. lead poisoning) – encephalitis (inflammation of the brain) – meningitis (inflammation of parts of brain and spinal cord) – hypoxia (caused by asphyxia during drowning accidents)

Causes of asphyxia in young children: choking, poisoning, and near drowning.

Learning the causes may help prevent its occurrence. Practice utmost care and protection during gestation, during birth, and during the early years after birth.

Cerebral palsy in most cases is not preventable. When the occurrence is due to negligence during medical care or inadequacy of medical attention, it is potential preventable by observing safety measures and standards of care.. To discuss whether medical malpractice could be a factor in your child’s case, contact an experience lawyer to discover your options.

Many cases of cerebral palsy undergo early medical evaluation to determine early diagnosis. To diagnose, a doctor will check the muscle tone, reflexes, and movement; then undergo the patient to a MRI scan, a CT scan, and other various medical tests.

After a positive diagnosis of this disorder, the child patient may be referred to a specialist for further examinations to find out if early treatment can provide improvement and help the condition of the patient.

There are three major types or classifications of Cerebral Palsy: Spastic, Athetoid and Ataxic.

Spastic Cerebral Palsy is further classified by the affected region of the body as follows:

Spastic Diplegia is the most common of the spastic forms of CP and is marked by spasticity of the lower extremities with little to no upper body spasticity. Intelligence is not impacted. Most of those affected are ambulatory, but tight adductors cause a “scissors gait.” Other typical features include flexion at the knee, plantar flexion of the ankle, adduction and internal rotation at the hip, crossed eyes, nearsightedness, movements of the upper extremities to assist walking, and tip toe walking.

Spastic Hemiplegia is a condition not exclusive to Cerebral Palsy that affects one side of the body. Injured muscle nerves controlled by the brain’s right side will cause a left body deficit, and vice versa. Those with Spastic Hemiplegia are usually the most ambulatory, although they suffer from equinus, a condition in which the upward bending motion of the ankle is limited and causes a lack of flexibility to bring the top of the foot toward the front of the leg. There is no cure for Hemiplegia but its effects can be minimized through therapy.

Spastic Quadriplegia CP is characterized by the lack of the ability to move, control or feel both arms and both legs as a result of an injury to the spinal cord. It is the most severe type of Cerebral Palsy, and patients usually suffer other disabilities such as mental retardation, difficulty speaking, and uncontrollable shaking (hemiparetic tremors). Respiratory problems are common and a respirator is often necessary for breathing.

Athetoid Cerebral Palsy involves mixed muscle tone (sometimes hypertonia and sometimes hypotonia – loss of or diminished muscle tone). Athetoid CP results in uncontrolled or involuntary movements, difficulty holding oneself in an upright position, difficulty holding onto objects, facial movements, drooling, and difficulty controlling the tongue, breathing and vocal cords. These problems are caused by the muscles alternating between floppy and tense, and uncontrolled movements may be small or big, rapid, irregularly repetitive, random, or jerky.

Ataxic Cerebral Palsy, the least common form of CP, is caused by damage to the brain’s cerebellum and its symptoms include visual loss of depth perception, auditory processing, balance difficulties, and walking with a wide-based gait. Ataxic individuals suffer from tremors and hypotonia. Intention tremors are the most significant symptom of the Ataxic CP patient.

About 750,000 Americans are currently living with some form of CP, and in the United States (US) approximately 10,000 infants develop Cerebral Palsy annually. Many CP patients develop their condition during the childbirth process. An estimated thirty percent of all CP patients develop the condition during fetal development.

Cerebral Palsy can have devastating financial consequences for the CP patient and his or her family, and the average cost of expenses related to a CP patient is about $925,000. Those with severe Cerebral Palsy can expend millions of dollars. Some medical and non-medical expenses can include, but are not limited to, the following: hospitalizations and doctor visits, work and home space modifications, speech, phyiscal and occupational therapists, life care planners, neurologists and neurosurgeons, car modifications, orthotic devices, surgeons, medications, rehabilitation equipment, respirators or respiratory therapists, psychological or psychiatric counseling, and special education programs.

There are numerous maternal and fetal factors that can lead to Cerebral Palsy in a new born if a failure to diagnose occurs. Certain maternal infections during pregnancy can cause CP, such as toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, and untreated group B strep. A mother’s use or abuse of alcohol, prescription or non-prescription drugs, malnutrition, or exposure to toxic chemicals or poisons can cause CP. Certain medical conditions, including high blood pressure, preeclampsia, eclampsia, toxemia, diabetes, thyroid problems, blood Rh incompatibility between mother and fetus, fetal anoxia, fetal stroke, placental insufficiency or premature aging of the placenta, premature or sudden separation of the placenta from the wall of the uterus (placental abruption), intrauterine growth retardation (IUGR) of the fetus, and other complications have been found to cause Cerebral Palsy. Cerebral Palsy can be caused by birth trauma resulting from the improper dating of the pregnancy which can lead to premature delivery or over-gestation. Other than genetic defects or syndromes which can cause CP, the foregoing risk factors can be recognized and addressed by a medical professional during pregnancy. CP acquired during fetal development is often preventable when a physician timely and appropriately responds to maternal and fetal risks.

Cerebral Palsy can be caused when the flow of blood and oxygen to a child’s brain is disrupted during the childbirth process (fetal anoxia), which can occur as a result of a long labor, low amniotic fluid, a twisted umbilical cord resulting in umbilical cord compression, prolapse or occlusion, large fetal head size, newborn lung problems, brain hemorrhaging or inter-cranial bleeding, unrecognized or untreated signs of fetal distress from pressure on the umbilical cord or due to dystocia, a fetus stuck in the birth canal because of the position of its descent down the birth canal, placenta being prematurely sheared by the birth process (placenta previa or placental abruption), too much pitocin, and other conditions. Failure of the obstetrician to recognize the necessity of a Cesarean Section as opposed to a vaginal delivery, or the failure to interpret fetal monitor strips, may be medical malpractice which can cause CP. Head trauma caused by a difficult forceps or vacuum extraction delivery can also cause Cerebral Palsy. Most of the adverse outcomes caused by these childbirth Cerebral Palsy risk factors are preventable if a medical doctor acts within the standard of care to timely and appropriately diagnose and treat these conditions.

About 10% to 20% of children in the United States with CP acquire the disorder after birth. Brain damage after child birth, brain infections such as bacterial meningitis or viral encephalitis, and head injuries represent many of the acquired Cerebral Palsy cases. Brain or head trauma can occur in the first few years of life from accidents such as falls or motor vehicle collisions, or may occur from child abuse or shaken baby syndrome.

The above causes of CP have the potential to interfere with proper development of the nervous system or potential to interfere with the delivery of oxygen and nutrition to the brain of the fetus or the newborn infant. If the oxygen supply and nutrition to the brain is interrupted, impeded or decreased for a period of time, the brain may become injured.

Diagnosis of CP can sometimes be difficult. Some methods which help determine whether or not brain damage has occurred include reflex tests, hand preference checks, diagnostic radiological tests. Reflex test are used because some reflexes disappear in a normal child, while an affected child may retain these reflexes for abnormally long periods of time. Hand preference checks are used because an early tendency to prefer either the right or left hand may indicate CP. It is important to rule out of other movement disorders which can cause the loss of motor skills, including genetic diseases, muscle diseases, metabolism disorders, or tumors in the nervous system. Some of these conditions are progressive or worsen over time. If the child’s conditions are not worsening, this may be an indication of a CP diagnosis. Performing diagnostic imaging tests, such as CT scans, MRIs, and/or ultrasounds, can reveal underdeveloped brain areas, abnormal cysts, or other physical problems. It is also important to assess conditions linked to CP such as seizure disorders, mental impairment, and vision or hearing problems.

Medical malpractice litigation involving Cerebral Palsy in South Carolina (SC) requires expert testimony to prove both a breach of the standard of care and that the breach was the proximate or legal cause of the patient’s injury. For such cases arising on or after July 1, 2005, S.C. Code § 15-79-125 requires that before a medical malpractice suit can be filed, a plaintiff has to simultaneously file both a notice of intent to file suit and an affidavit of an expert witness subject to the affidavit requirements established in § 15-36-100 in a county in which venue would be proper for filing or initiating the action. The expert affidavit must specify at least one negligent act or omission claimed to exist and the factual basis for each claim based on the available evidence at the time of the filing of the affidavit. Qualified, experienced, board certified obstetricians and registered obstetrical nurses should be used to evaluate claims of medical malpractice and to provide the requisite expert opinion testimony in litigation with respect to Cerebral Palsy cases.

If your child has developed Cerebral Palsy and you believe that medical malpractice or negligence was a possible cause of the brain injury which resulted in CP, you should seek out a competent medical malpractice attorney to evaluate your child’s case.

Although there is not one test to determine CP on its own, however doctors will run a series of tests so they can rule out other conditions.  A main symptom of is the delay of their development and for this reason is why doctors usually use tests of motor skills.  This way they can see if the child is meeting the developmental milestones.

Cerebral Palsy Tests: Looking for Brain Damage

All the causes of CP have yet to be discovered, however the number one cause of it is damage done to the brain.  How the brain damage occurs is not known but most of the time it happens during the development of the fetus.  The other part the time brain damage can happen during the birth of your child up to early childhood.

To identify damaged to the brain doctors perform brain scans.  Types of brain scans include:

• Cranial ultrasound- this test is given when a baby is born before 37 weeks.   Using this imaging method can show the soft tissues of the brain.
• Computed tomography, (CT scan) – this is used to be able to see a picture of the brain from many different positions.
• Magnetic resonance imaging, (MRI) – The use of magnets and radio waves to allow a more detail image of the brain.
• Electroencephalogram, (EEG) – is used to measure electrical activity in the brain and is performed on babies that have had seizures.

Other CP Tests

Additional tests that may help to determine or rule out a cerebral palsy diagnosis include:

• Blood tests
• Genetic tests
• Metabolic tests
• Vision and hearing testing

Each test used to diagnose your child depends on the symptoms.    

After the Tests: What Next?

Cerebral palsy tests only diagnose the child it does not tell us why your child developed the condition.  Most of the time it is not clear what caused the condition, however, if it was due to medical negligence the evidence will be clear.  Some questions to think about if your child has CP.

• Was your baby born after a difficult labor?
• Did you child get enough oxygen at all times during labor and delivery?
• Was there a use of forceps, other related instruments or unnecessary force used during delivery?

There are other forms of neglect not mentioned above so if you have any questions regarding your child’s condition and the delivery you can seek the professional advice of a medical malpractice attorney.  They will evaluate your case for free and advise you of your legal rights.

Since cerebral palsy is an umbrella term, many people are unaware that there are many different types of CP which include spastic, dyskinetic, athetoid, ataxic, and mixed. Spastic is, in fact, the most commonly occurring type and is primarily identified by increased muscle tone. The muscles of a person suffering from spastic CP are stiff (spastic) and exhibit jerky or awkward movements. The symptoms can be found in both legs, a single side of the body, or the entire body.

People with this disease have difficulty coordinating muscles and controlling movement. Other symptoms of CP include poor muscle tone, uncontrolled movements, problems with balance, posture, coordination, walking, swallowing, and speech, muscle stiffness, and breathing problems. There is also the possibility of mental retardation, learning disabilities, seizures, bladder and bowel control problems, dental problems, and hearing and vision problems.

The severity or presence of the symptoms may vary from person to person and may even wax or wane over time. However, it is important to note that cerebral palsy will not get worse over time; CP is not a degenerative disease and does not cause death. Despite the varying levels of severity, there is a variety of treatments available to patients today though there is no cure.

Treatment for CP helps reduce the disabilities often associated with the disorder. A specified therapy regime will be determined by the patient and medical professionals but will often include some form of physical therapy, speech therapy, occupational therapy, therapeutic braces, drugs, or even surgeries. Many patients experience the use of cerebral-palsy braces at some point.

The use of braces in treating the symptoms of cerebral palsy is effective in reducing spasticity and improving the range of motion for the affected areas. The most common type of brace is an ankle-foot orthosis (AFO) which actually minimizes gait irregularities in patients. These devices can also help reduce energy expenditure, improves ambulation, and increases speed. Braces coupled with physical therapy are usually quite effective.

A doctor is trained and understands labor and delivery. When a child is born with cerebral palsy, there are usually problems with the child’s heart rate prior to birth. A trained doctor understands how fetal monitor tracings should read. They are aware of unreassuring patterns can lead to decreased oxygen and cerebral palsy. A lawyer who is also a doctor is aware of how attending physicians and nurse are to deal with birth related issues that can result in cerebral palsy. Unlike an ordinary attorney, a doctor/attorney knows the standard of care and can recognize when this has been breached. Doctors are knowledgeable in pediatrics, obstetrics, radiology, and neurology as well. They understand the normal developing fetus and how to recognize any complications that can lead to cerebral palsy.

A doctor/lawyer can “read between the lines” in your delivery and prenatal records which can help determine if your child’s cerebral palsy or developmental delay is as a result of medical malpractice.

The familiarity with the terminology and procedures recorded in your medical records means that a doctor/lawyer can tell if you have a case the same day that these records are reviewed.

You only have one chance when you proceed with a cerebral palsy case. Many families have hired attorneys who are not doctors and the results have been far less than satisfactory. However, there is documentation that shows how having a lawyer who is also a doctor can generate record verdicts on cerebral palsy cases.

Maternal Infections

The chances your baby will have some level of brain damage increases nine times if the mother gets an infection while pregnant. Some infections include:

Urinary tract infection (UTI)

Infection of the bladder or kidney

Rubella

Infection of the bloodstream such as Sepsis

Chorioamnionitis, a uterus infection

Toxoplasmosis

Maternal infections can be prevented and if left untreated can result in your baby developing this disability. If you are having a baby and you think you may have an infection go see your doctor to get treated.

Prenatal/Neonatal Infections & Complications

The risk of cerebral palsy increases when you have an infection during prenatal/neonatal care:

* Bacterial meningitis

* Viral encephalitis

* Group B streptococcal infection

* Herpes group B

* Sepsis

* Rh incompatibility

* Severe Jaundice

It is difficult to know precisely how these complications result in cerebral palsy. There are facts that prove that prenatal infections can lead to early labor and delivery. More evidence show that infections prompt brain damage which essentially may result in disability.

Premature Birth/Low Birth Weight

Having a baby before 37 weeks of development increases the risk of cerebral palsy. A low birth weight may be indicated as a cause. Premature infants are more defenseless than babies of regular term and they will most likely experience more complications with their health and have to be hospitalized.

Smoking, drug and alcohol use, stress, some infections of the mother, abnormal cervix, and previous pregnancies that were preterm are all factors that will put your baby at a higher risk.

Birth Injuries & Medical Malpractice

Not all cases are inherited (also known as congenital). There have been cases where a child suffers brain damage during the actual delivery that resulted in cerebral palsy. Injuries at birth can and should be prevented. Still, it does happen and here are some examples of procedures that if ignored, can result in an injury to the brain:

• Maternal infections diagnosed and treated promptly

• Identify and act upon fetal distress

• A C-section done in a timely manner

• Treat jaundice in the newborn

• Make sure there is enough oxygen to give

• Use instruments such as forceps correctly

Medical malpractice is not normally done on purpose, but what a family must go through after is unfair. The financial stress alone is overwhelming. It is a family’s right to be compensated for the permanent condition your child is in because of neglect. Families can file a lawsuit when medical malpractice caused your child’s disabilityt. There is help out there for families to recover cost for treatments, medications and other losses.

When to Talk to a Medical Attorney

If your child was diagnosed with cerebral palsy because the delivery of your baby was difficult a medical error may have occurred. You should contact a medical attorney right away. Treating a child with this disability is very expensive and can cost more than $500,000 over the child’s lifespan. It is an unfair situation for families to be put in and that is why you may be entitled to some compensation. You can recover losses when filing a medical malpractice lawsuit and be compensated for treatments, also for mental anguish, pain and suffering and other related costs. Remember there is no cure for cerebral palsy, the cost for care is expensive, you have rights and a medical attorney can go over your legal options.

Every year, about 2 out of every 1000 children are born with cerebral palsy. As one of the most common congenital disorders of childhood – and even while in gestation and delivery period, these cases have exceeded 500,000 in the United States. And most of these cases are caused by medical mistakes made during pregnancy and child delivery.

The consequences are a growing number of medical lawsuits brought against health care providers (doctors, midwives, nurses, hospitals) and hundreds of families awarded with cerebral palsy settlements. The results from any wrongdoing done to patients by medical professionals are often irreversible but some form of compensation may help ease the burden and suffering that often come with any medical errors.

A large number of malpractice cases that involves cerebral palsy are caused by human errors; however, the lack of malicious intent will not excuse the health care provider(s) who committed medical negligence. No infant or parent should suffer from the honest mistakes of everyone responsible on taking care of them.

Infants may be susceptible to cerebral palsy during these instances:

The mother had an infection during the pregnancy period.

During child delivery, the fetus suffered from lack of oxygen for a long period of time.

A disease in the bloodstream was not detected, treated, and monitored properly.

The baby was premature.

If any of these situations had happened to you or to someone you love, you must talk to a medical lawyer. It is very important for you to file a medical lawsuit as soon as possible, or right after your child was diagnosed with cerebral palsy. The medical lawyer will help you fight for your legal rights and seek financial assistance, through a settlement, for your child’s future as someone who will live with cerebral palsy for life.