Steps to Take if You Suspect Your Child Has Cerebral Palsy from a Birth Injury
Cerebral palsy is a disorder that affects muscle tone, movement, and motor skills. It is caused by damage to the developing brain, most often before, during, or shortly after birth. If you suspect your child may have cerebral palsy from a birth injury, there are important steps you should take.
Stalwart Law Group has decades of experience guiding clients through birth injury cases. Our team of talented and dedicated attorneys are available to give you personalized and strategic attention. Call our offices today at 310-954-2000 for your free consultation.
1. Get a Diagnosis from a Medical Professional
Getting a medical diagnosis for a child with cerebral palsy typically involves a comprehensive and multi-step process. It starts with observing developmental delays or abnormal muscle tone, often noted by parents or pediatricians during routine check-ups. If there are concerns, the child is referred to a specialist, such as a pediatric neurologist. The specialist conducts a thorough medical history review and physical examination, focusing on motor skills, muscle tone, reflexes, and posture. Additional diagnostic tests, such as brain imaging (MRI or CT scans), might be ordered to detect any abnormalities in brain structure. In some cases, metabolic and genetic tests are also performed to rule out other conditions. The diagnosis is confirmed based on a combination of clinical findings and test results, allowing healthcare providers to develop a tailored treatment plan to manage the child's specific needs.
2. Understand the Types and Causes of Cerebral Palsy
There are three main types of cerebral palsy:
Spastic cerebral palsy - causes stiff, jerky movements
Dyskinetic cerebral palsy - leads to uncontrolled, slow movements
Ataxic cerebral palsy - affects balance and coordination
Understanding which type your child has can help guide treatments. In terms of causes, most cases of cerebral palsy are due to brain damage before, during or shortly after birth. Potential causes include:
- Oxygen deprivation during labor and delivery
- Infection in the mother or baby during pregnancy or birth
- Premature birth and low birth weight
- Bleeding in the brain of the fetus or newborn (stroke)
- Errors during labor and delivery
Knowing the potential cause in your child’s case is helpful when exploring your legal options.
3. Document Your Child’s Medical History
Keep detailed records about your pregnancy, your child’s birth, and health history since birth. Important documents to collect include:
- Prenatal and birth medical records - ultrasounds, fetal monitoring strips, lab results
- Hospital notes and logs from labor and delivery
- Pediatric records tracking developmental milestones
- Notes from any specialty providers like therapists or specialists
- Receipts for medical expenses, equipment, therapies
Thorough medical documentation will help build a strong case if you decide to pursue legal action.
4. Speak with a Birth Injury Lawyer
Consulting with an experienced birth injury lawyer is highly recommended if you suspect medical negligence. Birth injury cases are complex. An attorney can evaluate your case, pinpoint areas of malpractice, and advise you of your legal rights. A birth injury attorney can also refer you to medical experts who can review records and provide opinions to support your claim. Key questions to discuss:
- Do I have a strong case for medical negligence based on records?
- What are my options for seeking compensation?
- What is the process and timeline for a birth injury lawsuit?
- How much support can I expect from a lawyer throughout the case?
A birth injury attorney can guide you through the legal process so you can focus on caring for your child.
5. Consider Joining a Cerebral Palsy Support Group
Caring for a child with cerebral palsy can be challenging. Seeking out support groups for parents can provide emotional support and practical guidance. Local groups let you connect with other families facing similar hurdles. Online groups also offer forums to ask questions and share advice. Joining a community that understands your experience can make a big difference.
There are numerous support groups available worldwide offering guidance to parents of children with cerebral palsy.
- United Cerebral Palsy (UCP) is a popular organization that not only advocates for people with cerebral palsy, but also provides support services for caregivers, parents, loved ones, and more
- The Cerebral Palsy Forum is an online forum for anyone who has questions about cerebral palsy or just needs to talk. There are threads for parents, about treatments, discussions of medical malpractice, and more.
- Cerebral Palsy Foundation is a national advocacy group that funds and promotes programs to help children and adults with CP.
- Weinberg Family Cerebral Palsy Center at Columbia University in New York conducts research and provides patient care and education. The program aims to provide lifelong, comprehensive care for people with CP.
- The Arc is an advocacy group for people with disabilities. It provides information, advocacy, and life skills through hundreds of local chapters.
- Family Voices supports families of children with disabilities and special health needs. It connects family organizations across the country to provide education, advocacy, and resources
- Mommies of Miracles is the largest online support group in the world for mothers of children with disabilities and special health needs
- HMS School for Children with Cerebral Palsy “HMS School educates, nurtures, and cares for children and young adults with complex physical disabilities resulting from cerebral palsy, traumatic brain injury or other neurological impairments, with the goal of enabling each to reach his or her maximum potential. We promote independence and improve the quality of life for youth in a safe and secure environment so each can lead a fulfilling, stimulating life now and as an adult.”
Taking Legal Action for Your Child
If medical negligence during pregnancy or delivery caused your child’s cerebral palsy, you may be eligible for significant compensation. Money can help pay for your child’s extensive medical bills, therapy, equipment, education, and future care needs. An experienced birth injury attorney can help you build a strong case and fight for maximum compensation.
Key steps in the legal process may include:
- Reviewing medical records to establish errors
- Consulting medical experts to analyze negligence
- Calculating past and future medical costs
- Negotiating a settlement or taking the case to trial
- Helping you find the right care and resources for your child
Frequently Asked Questions
Symptoms include delayed milestones like rolling over, sitting up, crawling or walking, muscle tightness or spasms, abnormal gait, coordination issues, or swallowing and feeding difficulties.
Compensation can include medical expenses, rehabilitation, therapies, special education, equipment, home accommodations, and lifelong care.
Look for a birth injury attorney experienced in cerebral palsy and birth injury litigation. Ask about their case history, legal team, and resources to support your child long-term.
Depending on errors, liability may fall on doctors, nurses, the hospital, or other healthcare providers. A birth injury attorney can pinpoint accountable parties.
Deadlines for filing your case vary by state, but statute of limitations can be short as 6 months, or as long as 8 years after the injury occurred. It is imperative that you seek legal counsel as soon as possible.
Treatments are tailored to the individual child’s needs and may include physical and occupational therapy, speech therapy, medications to manage symptoms like muscle spasticity, and surgical interventions if necessary.
Supportive measures include enrolling in early intervention programs, ensuring access to appropriate therapies, promoting social and recreational activities, and working with a multidisciplinary team of healthcare providers. If your child’s cerebral palsy was caused by medical malpractice, ensuring that you appropriate compensation can help to fund the best care.
Children with CP may be eligible for special education services under the Individuals with Disabilities Education Act (IDEA). Schools can provide individualized education plans (IEPs) tailored to each child’s needs.
The impact of CP varies widely. Some children may have mild symptoms and lead relatively independent lives, while others with more severe forms of CP may require lifelong care and support. Early intervention and ongoing therapy can significantly improve outcomes.
There is no cure for CP, but various treatments and therapies can help manage symptoms and improve quality of life. These may include physical therapy, occupational therapy, speech therapy, medications, and sometimes surgery.
Choosing a Birth Injury Lawyer
Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Stalwart Law Group to protect your rights and your child’s future. Our attorneys have graduated from top law schools and are prepared to support you and your case. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today for more information at 310-954-2000.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.
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