What Is Cerebral Palsy?

Cerebral palsy is a neurological disorder that affects muscle tone, movement, and motor skills. While there are various causes of cerebral palsy, including genetic factors, it can also be classified as a birth injury when it results from medical negligence during labor and delivery.

During the birthing process, medical professionals are responsible for closely monitoring both the mother’s and baby’s well-being. Failure to do so can result in birth injuries. Some, such as cerebral palsy, can have lifelong consequences. 

Negligent actions that may result in birth injury include:

• Failure to Properly Monitor
• Misuse of Birth-Assisting Tools
• Failure to Perform a Timely C-section

One of the first steps in determining if cerebral palsy was the result of medical negligence is a thorough review of all medical records related to your pregnancy, labor, and delivery. A review of your child’s postnatal care is also necessary. These documents can provide vital clues to potential mishandling or failures in the care you and your child received.

Specific medical tests can also help determine whether a child’s cerebral palsy was caused by a negligent birth injury. Imaging tests like MRIs and CT scans, along with other neurological evaluations, can provide additional insights into the nature and extent of brain damage. These tests can also help rule out other potential causes of the symptoms.

In cases involving medical malpractice, consulting with medical experts is essential. At Mandell, Boisclair & Mandell, we apply our decades of experience to perform an in-depth assessment of medical records. Our careful evaluation enables us to identify inconsistencies, deviations from standard medical procedures, and other signs that may indicate negligence or malpractice.

Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage that occurs due to insufficient oxygen and blood flow during delivery. The term “hypoxic” refers to a lack of enough oxygen, while “ischemic” refers to insufficient blood flow. “Encephalopathy” simply means a disorder or disease affecting the brain. Serious HIE can result in cerebral palsy.

HIE can result from a variety of circumstances, such as:

• Inadequate Fetal Heart Monitoring

• Delayed or Failed Emergency C-Section

• Severe Fetal or Maternal Distress

• Birth Asphyxia

HIE can often be prevented with appropriate medical care. When doctors, nurses, and other healthcare professionals fail to provide the care you and your child deserve, you may have legal options that allow you to seek fair and full compensation.

When cerebral palsy is the result of negligent birth injury, parents may be entitled to file a medical malpractice lawsuit against the healthcare providers who were responsible for the prenatal care, delivery, or postnatal care of the child.

The best way to find out if you are entitled to seek compensation through legal action is by speaking with an experienced birth injury lawyer.

When your child is diagnosed with cerebral palsy due to a birth injury, it can be difficult to know where to turn for help. On top of medical expenses and daily parenting duties, the emotional toll on parents can be exhausting. Having an attorney on your side, first and foremost, allows you to focus your energy on your family knowing that someone else is fighting for your rights.

Mandell, Boisclair & Madell specializes in medical malpractice litigation. We have the background, experience, resources, and tenacity needed to help families dealing with birth injury get justice.

Attorney Yvette Boisclair, one of our partners, focuses her practice on women’s health issues, including obstetrics malpractice. Her in-depth understanding of medical procedures related to pregnancy and childbirth allows her to scrutinize the actions of healthcare providers rigorously, helping to pinpoint areas where negligence may have occurred.

In addition to our in-house attorneys and staff, we have access to a network of medical experts who can provide additional insight and offer testimony when appropriate. We are prepared to do everything possible to secure full compensation to cover immediate medical expenses, long-term care needs, and any other costs or damages you may incur due to your child’s condition.

When it comes to cerebral palsy birth injury lawsuits, it is important to understand that the type and amount of compensation you may receive can vary widely based on the specifics of your case. However, several categories of compensation are typically pursued in these types of medical malpractice lawsuits. These include:

Past & Future Medical Expenses

One of the most immediate concerns for families is the cost of medical care, both past and future. This can include but is not limited to:

• Hospital Bills From the Birth

• Costs of Surgeries or Other Medical Procedures

• Ongoing Medical Treatments

• Physical, Occupational, and Speech Therapy

• Specialized Equipment Like Wheelchairs or Braces

Lost Wages and Earning Potential

For parents who have had to reduce working hours or leave employment to care for a child with cerebral palsy, compensation may be sought for lost wages. Additionally, you may be able to claim for the lost future earning potential of your child, depending on the severity of their condition.

Costs for Future Care

Children with cerebral palsy often require long-term or even lifetime care, which can be exceedingly costly. Compensation can be sought to cover:

• Future Medical Expenses

• Costs of Specialized Education

• Home Modifications (Ramps, Railing, etc.)
• Respite Care or In-Home Nursing Services