A cerebral palsy diagnosis can be complex and emotionally taxing for families of young children. Naturally, many parents will be anxious to pinpoint the exact cause or circumstances that led up to the diagnosis.
Cerebral palsy cannot always be traced back to one definite cause; sometimes a multitude of factors occur during a mother’s pregnancy that cause brain damage at birth. Other times, complications during labor and delivery can reduce the baby’s oxygen and blood flow, which drastically increases the chances of a brain injury.
When oxygenated blood flow is decreased to the baby, the condition is known as ischemia and hypoxia. When oxygenated blood becomes completely cut off from travelling to the child’s brain (a complication known as birth asphyxia), it can cause a brain injury known as hypoxic ischemic encephalopathy (HIE).
HIE is a birth injury stemming from oxygen deprivation that affects multiple parts of the brain, including the cerebral cortex, cerebellum, hippocampus, basal ganglia, and thalamus. It is the leading cause of cerebral palsy.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
Cerebral Palsy: A Neurological Disorder
At the core of any cerebral palsy diagnosis is dysfunction within the central nervous system, a group of organs inside the body that includes the nerves, the spinal cord and, most notably, the brain.
The human brain is a complex, multi-faceted command center that directs the rest of the body’s activities and processes. It sends and receives messages, interprets signals, and sends information to other parts of the body through the central nervous system.
But different sections of the brain take on specific functions, including movement, speech, heart rate, breathing, and thinking. Different regions of the brain control these functions, and injuries to those parts can result in separate forms of cerebral palsy with their own unique symptoms.
For example, when damage is taken to the cerebrum (the largest part of the brain responsible for motor function and cognitive abilities), it can cause spastic cerebral palsy. This is the most common form of cerebral palsy, accounting for nearly 77% of all cases.
Deep within the center of the brain lies the basal ganglia, a critical part connected to the brainstem and spinal cord that also controls motor function and movement. Injuries to this region of the brain can cause dyskinetic cerebral palsy, which is characterized by involuntary muscle contractions (dystonia), spasms, and twitching. Dyskinetic cerebral palsy is the second most common form of the disorder.
In other cases, when a baby injures their cerebellum (a part located at the bottom of the brain responsible for voluntary muscle movements, posture, and balance), it can result in ataxic cerebral palsy. This is the rarest form of cerebral palsy, occurring in only 5 to 10% of all cerebral palsy cases and resulting in issues with balance and coordination.
Brain injuries aren’t always so easily categorized; sometimes multiple parts or regions become injured at the same time. It is not uncommon for children to be diagnosed with mixed cerebral palsy and display overlapping symptoms of different types.
What are the Underlying Causes of These Brain Injuries?
On this page, we will explore the possible causes of cerebral palsy brain injuries during pregnancy, during labor and delivery, and shortly after a child is born. It’s important to note that some of these causes are overlapping, meaning they happen at the same time or even lead into one another. A brain injury like HIE that leads to cerebral palsy is generally a combination of different causes.
Understanding each of these causes (and how medical malpractice exacerbates their effects) can provide valuable insight and give parents some answers to the many questions that follow a child’s cerebral palsy diagnosis.
What Events During Pregnancy and Childbirth Contribute to a Cerebral Palsy Diagnosis?
Birth asphyxia refers to a child’s oxygen supply being completely cut off from their brain, either during pregnancy or during labor and delivery. Within a very short timeframe, birth asphyxia can lead to brain damage, loss of consciousness, or even death for the infant.
In the womb, oxygen travels through the bloodstream, going from the mother’s placenta and through the umbilical cord to the fetus. When this supply is reduced for any given reason, it is known as hypoxia.
Hypoxia becomes asphyxia (or anoxia) when the oxygen supply becomes completely blocked. This is a medical emergency that can be observed during labor by abnormal fetal heart rate decelerations and little to no movement, two common signs of fetal distress.
Neurons in the brain begin to die off without oxygenated blood for prolonged periods, and the damage sustained to the brain can become irreversible within just minutes. Hypoxic ischemic encephalopathy is the most common result of asphyxia at birth, which is often a precursor for a cerebral palsy diagnosis in early childhood.
Medical Mistakes That Can Cause or Worsen Birth Asphyxia:
A non-reassuring fetal heart rate (formerly called “fetal distress”) refers to a fetal heart rate or rhythm that is abnormally high or low, which is almost always an indicator of oxygenation issues.
Just like the brain, the heart requires a constant oxygen supply to pump blood to the rest of the body. When there is a deficiency (hypoxia) or a complete cutoff (asphyxia), can strain the heart muscle and weaken it. This can result in breathing problems and brain injuries like HIE at birth, putting the baby on the path for a likely cerebral palsy diagnosis later in childhood.
Medical Mistakes That Can Cause or Worsen Fetal Distress:
The placenta plays an incredibly important role in a baby’s development inside the womb. It is the source of vital nutrients, hormones, and oxygen that keeps the fetus alive and prepares the mother’s body for pregnancy.
One of the most dangerous complications is a placental abruption, where the placenta prematurely detaches from the uterine wall. Depending on whether the abruption is partial or total, this can weaken or even completely destroy the placenta’s ability to provide oxygenated blood and nutrients.
The umbilical cord is the baby’s lifeline during pregnancy. Attached to the placenta, the cord is the vessel by which blood, oxygen, and other nutrients travel from the mother to the baby. If a child’s access to these nutrients is disrupted, they are at risk of developing several hypoxic and ischemic injuries, including brain injuries that can lead to cerebral palsy.
Examples of umbilical cord complications include knots (known as true knot), wrapping around the baby’s neck (nuchal cord), or having the cord compressed by the child’s weight pressing against it. Other abnormalities, such as the cord being too long or too short, can serve as risk factors as well.
A Cesarean delivery, known commonly as a C-section, is a delivery method where an incision is made into the mother’s abdomen and uterus. The baby is then removed manually from this opening. C-sections are common in emergency situations when vaginal birth will take too long or is otherwise deemed to be too risky.
The biggest error a labor and delivery team can make with C-sections is delaying it past the point of safety. The American College of Obstetricians and Gynecologists (ACOG) recommends that emergency C-sections start within 30 minutes from the time the decision is made until the first incision.
Over the course of her pregnancy, an expecting mother may develop certain illnesses, infections, or other pregnancy complications that require medications to treat. Additionally, she may be prescribed medications when complications arise during labor and delivery. These medications can be life-saving and prevent further harm to the mother, but misusing them can sometimes lead to a preventable injury for her or a birth injury for her child.
Birth injuries from medications can sometimes be the result of medical malpractice when doctors, nurses, and other healthcare professionals make preventable errors when prescribing and administering them.
Medications to Induce Labor
One of the most dangerous medication errors is the improper use of labor-inducing medications like Pitocin and Cytotec. These medications are typically prescribed when an expecting mother is experiencing weak contractions, prolonged or arrested labor, or a post term pregnancy.
Pitocin and Cytotec can safely induce labor when used correctly, but administering too much can cause the pendulum to swing too far in the other direction and cause labor contractions that are too frequent and too forceful. This is a complication known as uterine hyperstimulation, and it can deprive the baby of oxygen for too long and increase the risk of brain injuries that may lead to cerebral palsy later in life.
When hyperstimulation occurs, labor and delivery teams must turn down the levels of medication and be prepared to intervene if the issue persists. This can include preparing for an emergency C-section delivery when the mother’s hyperstimulation leads to more severe problems like a uterine rupture or signs of fetal distress.
Medications to Fight Infections
Untreated maternal infections can pose a critical threat to the baby’s health. Doctors will often prescribe medications like antibiotics or steroids to fight off infections like Group B Strep or chorioamnionitis.
When a mother has an infection during pregnancy, she carries the risk of passing it to her unborn child in the womb. These neonatal infections can cause inflammation within the brain and reduce their oxygen supply, which can put them at risk for HIE and other brain injuries.
Infections that have been linked to the risk of brain damage and cerebral palsy include chorioamnionitis, meningitis, encephalitis, cytomegalovirus, and sexually transmitted diseases like herpes simplex virus and human immunodeficiency virus (HIV).
When untreated and passed to the baby, the infection can cause swelling and inflammation in their developing brain. Sometimes the inflammation can occur throughout the baby’s body, a condition known as neonatal sepsis.
Another possible complication of untreated infections is jaundice, a yellowing of the skin caused by high levels of bilirubin in the blood. Complications like sepsis and jaundice can dramatically increase a newborn’s chances for brain damage at birth, which can lead to a cerebral palsy diagnosis later in childhood.
These birth complications can happen more easily when healthcare providers miss the early signs of a maternal infection or fail to properly treat it with the right medication or the correct dosage.
A research review of the medical records of 206 children with cerebral palsy showed that 54.4% (more than half) were born prematurely. The highest risk of cerebral palsy is associated with babies born before 28 weeks of pregnancy.
Did Medical Mistakes Cause My Child’s Cerebral Palsy?
As illustrated above, a cerebral palsy diagnosis can stem from a multitude of birth complications that interact together. And parents deserve to know when these complications are caused or amplified by medical mistakes.
Parents whose children suffer from the long-term effects of birth complications, especially cerebral palsy and the life changes that come with it, deserve to know whether it could have been prevented. Our dedicated birth injury lawyers want to help you find those answers and obtain the funds necessary to improve the quality of life for your child.
Sometimes families are hesitant to reach out to a medical malpractice attorney or law firm. They may feel overwhelmed by their circumstances or are worried that a law firm will not be able to help them. But the only way to find out if you have a case is to talk to an attorney who understands how birth injuries can lead to developmental delays and other birth complications that require long-lasting medical support.
What is the Statute of Limitations in a Birth Injury Case?
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the type of case and the state where it is filed. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to personal property, fraud, contract disputes, and collection of debts.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule, and in some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
For example, if the party that injured you was:
A federal employee
Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity
You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, if the negligent party was a local or state government hospital or the doctors and medical providers are employees of a governmental entity, the time period in which you must give "notice" may be shorter.
If your case is filed outside of the statute of limitations, it will typically be dismissed, and you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, contacting an attorney as soon as possible is in your best interest.
How The Birth Injury Attorneys at Miller Weisbrod Olesky Can Help?
It takes a detailed expert review of the facts and circumstances of your pregnancy and your child's birth before determining whether their cerebral palsy diagnosis came as the result of medical malpractice.
At Miller Weisbrod Olesky, a team of committed attorneys, nurses and paraprofessionals uses our detailed medical negligence case review process to assess your potential birth injury case. We start by learning more about you and your
child and the status of meeting/missing developmental milestones.
Then we gather medical records to determine what happened before, during, and after your delivery. We call in skilled medical experts who review your records and let us know if they think medical errors could have caused your child's injuries.
If we feel medical negligence caused or contributed to the brain injury that led to your child’s cerebral palsy, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do. The sooner you reach out to us, the sooner we can begin investigating your case and gathering the evidence needed to support your claim.
We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case. Contact us today to schedule your free legal consultation by calling our toll-free line at 888-987-0005 or by filling out our online request form.
