What Causes Cerebral Palsy
What Is the Main Cause of Cerebral Palsy?
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.
Doctors cannot always trace cerebral palsy back to one definite cause. Sometimes a multitude of factors occur during a mother’s pregnancy that cause brain damage at birth. Other times, labor and delivery complications reduce the baby’s access to sufficient oxygen and blood flow. This drastically increases the child's risk for neonatal brain injuries like hypoxic ischemic encephalopathy (HIE).
HIE is a birth injury stemming from oxygen deprivationto critical parts of the brain. This includes damage to the cerebral cortex, cerebellum, hippocampus, basal ganglia, and thalamus. It is the leading cause of cerebral palsy.
What happens before the HIE injury? What makes some babies more likely to develop HIE and cerebral palsy than others? And how can preventable medical mistakes raise those odds?
We examine the top injuries during pregnancy and delivery that lead to brain damage at birth. We will also explore how medical malpractice can cause otherwise preventable complications that lead to a cerebral palsy diagnosis.
Cerebral Palsy Malpractice Attorneys
Our top rated cerebral palsy attorneys specialize in birth injury medical malpractice. We understand how medical mistakes during delivery can cause brain injuries that permanently impact a child’s life.
If your baby’s preventable birth injuries led to a cerebral palsy diagnosis, don’t hesitate to contact our firm. We can answer difficult legal and medical questions and investigate the facts on your behalf.
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Cerebral Palsy Lawyers
(888) 987-0005Our Cerebral Palsy Lawyers are available to meet you in your home or the hospital.
Our vast network of medical experts and in-house nursing staff and nurse-attorneys gives us the edge over our competition. When we take your case, we assign you with not just an attorney but an entire medical team. This team includes attorneys, experienced nursing advocates, and seasoned medical experts.
We understand the extensive care your child requires to assist with their cerebral palsy symptoms. Your team is available to assist with any day-to-day treatment you or your child may need. This includes assistance with obtaining medical records, scheduling doctors’ appointments, providing transportation, and any other problems that may arise.
We offer all of this on a contingency fee basis. This means you will not pay any fees until after we win your case and secure a settlement. We have an unmatched track record of birth injury results that sets us apart from other birth injury law firms.
Recent Birth Injury Settlement:
Cerebral Palsy Birth Injury settlement against a hospital in which nurses and physicians failed to detect a uterine rupture during delivery causing an HIE event which caused cerebral palsy. Our dedicated cerebral palsy birth injury lawyers recovered $9,200,000 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. This a group of organs inside the body that includes the nerves, the spinal cord and, most notably, the brain.
It sends and receives messages, interprets signals, and sends out information to the body via the central nervous system.
But different sections of the brain take on specific functions, including controlling movement, speech, heart rate, breathing, and thinking. This means a child’s classification of cerebral palsy and specific symptoms will depend on where exactly the injury occurred.
For example, damage to the cerebrum (the largest part of the brain) can cause spastic cerebral palsy. This is the most common form of cerebral palsy, accounting for nearly 80% of all cases. Spastic cerebral palsy often causes paralysis and random muscle contractions or “spasms.”
In other cases, injuries to the basal ganglia region of the brain can cause dyskinetic cerebral palsy. This injury also causes involuntary muscle contractions, but in addition commonly results in jerky and uncontrollable twitching and shaking movements. Dyskinetic cerebral palsy is the second most common form of the disorder.
Some events at birth cause injury to the cerebellum, a part of the brain responsible for posture, balance, and coordination. This results in ataxic cerebral palsy, which is the rarest form of the condition occurring in only 5% of cases. Children with ataxic cerebral palsy often have trouble standing up straight, walking, and judging the distance between objects.
It is not always easy to categorize a brain injury. Sometimes an injury affects multiple parts or regions of the brain at the same time. It is not uncommon for children to receive a mixed cerebral palsy diagnosis and display overlapping symptoms of different types.
It’s important for doctors to understand the location and type of brain injury the child has suffered from. Knowing where the injury occurred helps them accurately diagnose the specific type of cerebral palsy the child has.
What are the Underlying Causes of These Brain Injuries?
We explore causes of cerebral palsy brain injuries during pregnancy, labor and delivery, and shortly after birth. It’s important to note that some of these causes are overlapping, meaning they occur simultaneously or 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 into a child’s symptoms. It can give parents some answers to the many questions that follow their child’s diagnosis.
What Causes Cerebral Palsy During Birth?
Fetal & Neonatal Head Injuries
Head injuries, including brain injuries and skull fractures, can be an important catalyst for bringing on cerebral palsy symptoms. Injuries like hypoxic-ischemic encephalopathy permanently affect motor control, delay developmental milestones, and cause complications like seizures and vision impairments. Brain damage at birth is also the leading cause of cerebral palsy.
But injuries to the baby’s head and brain can stem from a variety of internal and external factors. The top causes for head injuries include:
- Birth trauma
- Oxygen deprivation
- Forceful contractions caused by uterine hyperstimulation
- The misuse of delivery instruments like forceps and vacuum extractors
- Neonatal infections
Some types of head injuries are less serious. Cranial molding from regular labor contractions or caput succedaneum are conditions that typically resolve on their own.
Other injuries, such as an intracranial hemorrhage (brain bleed) or hypoxic ischemic encephalopathy, are much more serious. These injuries do not fix themselves and pose a far greater risk of paralysis and other permanent damage.
Medical Mistakes That Can Cause or Worsen a Head Injury:
- Using excessive force when operating delivery instruments like forceps and vacuum extractors.
- Applying fundal pressure to the mother’s abdomen during delivery.
- Failing to recognize the signs of fetal distress, leading to fetal hypoxia and a brain injury like HIE.
- Delaying a diagnosis of a cerebral compression injury, including cephalohematoma, caput succedaneum, or hydrocephalus.
- Improper administration of labor-inducing medications, leading to uterine hyperstimulation.
- Delaying an emergency C-section delivery past the point of safety, resulting in birth asphyxia or another labor and delivery complication.
- Failing to diagnose any pregnancy complications that are risk factors for head injuries, including fetal macrosomia and cephalopelvic disproportion.
- Failing to administer birth injury treatment after delivery, including neonatal resuscitation or therapeutic hypothermia (brain cooling).
- Any other medical mistake or form of negligence that unknowingly causes a traumatic birth injury to the baby’s head.
Birth Asphyxia
A baby suffers from Birth asphyxia when they experience an event that completely deprives them of taking in oxygen. This can occur for a number of reasons at any time from pregnancy to labor and delivery. Birth asphyxia can lead to brain damage and even death for the infant, all within a very short timeframe.
Oxygen travels through the bloodstream in the womb from the mother’s placenta and through the umbilical cord to the fetus. Birth asphyxia leads to hypoxia when the baby has dangerously low oxygen levels within their tissues.
Oxygen deprivation is a medical emergency that requires immediate intervention from medical staff. When a baby doesn’t have enough oxygen during labor, doctors will usually first notice from their abnormal fetal heart rate patterns. Two common signs of fetal distress include late heart rate decelerations and little to no fetal movement.
Neurons in the brain begin to die off without oxygenated blood for prolonged periods. Even just a few minutes without oxygen or blood flow can cause irreversible brain damage. Hypoxic ischemic encephalopathy is the most common result of asphyxia at birth. An HIE diagnosis at birth is often a precursor for a following cerebral palsy diagnosis in early childhood.
Medical Mistakes That Can Cause or Worsen Oxygen Deprivation:
- Failing to conduct proper fetal heart rate monitoring.
- Delaying an emergency Cesarean (C-section) delivery.
- Not reducing the dosage of labor-inducing medications when it causes excessive uterine activity.
- Failing to prescribe or administer sufficient medications when maternal infections like chorioamnionitis threaten a mother’s or child’s oxygen supply.
- Failing to provide supplemental oxygen to the mother when necessary.
- Using excessive force when using assistive delivery instruments like forceps and vacuum extractors.
Non-Reassuring Fetal Heart Rates
A non-reassuring fetal heart rate (formerly called “fetal distress”) refers to an abnormally high or low fetal heart rate or rhythm. It is almost always an indicator of oxygenation issues.
Babies of expecting mothers with pregnancy complications like gestational diabetes or preeclampsia have a higher risk of a non-reassuring status. But other complications during labor and delivery can send a baby into fetal distress as well.
Examples include a prolonged labor or issues with the placenta or the umbilical cord. All of these complications can reduce the baby's oxygen supply and cause birth asphyxia.
Just like the brain, the heart requires a constant oxygen supply to pump blood to the rest of the body. A deficiency (hypoxia) or a complete cutoff (anoxia) can strain the heart muscle and weaken it. This can result in breathing problems and brain injuries like HIE at birth. An HIE diagnosis puts the baby on the path for a likely cerebral palsy diagnosis later in childhood.
Medical Mistakes That Can Cause or Worsen Fetal Distress:
- Neglecting or failing to detect a pregnancy complication that could impact fetal heart rates.
- Failing to conduct proper fetal heart rate monitoring.
- Delaying an emergency Cesarean (C-section) delivery.
- Not intervening during a prolonged or arrested labor.
- Mismanaging a maternal infection or neonatal infection.
Placental Complications
The placenta plays a key role in the baby’s development. It is the source of vital nutrients, hormones, and oxygen that keep the fetus alive and thriving inside the womb.
When a complication arises with the placenta, it jeopardizes the baby’s critical oxygen supply. This puts them at risk for hypoxic and ischemic brain damage that can cause cerebral palsy.
One of the most dangerous complications is a placental abruption, where the placenta prematurely detaches from the uterine wall. Depending on the severity, an abruption can weaken or even destroy the placenta’s ability to provide oxygenated blood and nutrients.
Other complications, such as placental insufficiency, can occur when a mother is overdue with a post term pregnancy. This can cause the placenta to improperly function, depriving the baby of oxygen and other nutrients. Placental insufficiency may result in premature birth and low birth weight, which are both common risk factors for cerebral palsy.
Untreated placental complications can become an indirect cause for cerebral palsy by increasing the baby’s risk for neonatal brain damage.
Medical Mistakes That Can Cause or Worsen Placental Complications:
- Failing to conduct adequate prenatal checkups and missing a placental complication.
- Missing the signs of placenta previa or failing to monitor it, resulting in an abruption.
- Delaying or failing to perform an emergency C-section after a severe placental abruption
- Not preparing for placental insufficiency in the case of a post term pregnancy.
- Leaving a retained placenta inside the mother’s body after giving birth, increasing her risk for an infection.
Umbilical Cord Problems
The umbilical cord is the baby’s lifeline during pregnancy. Attached to the placenta, the cord is how blood, oxygen, and other nutrients travel from the mother to the baby. A problem with the cord can put the baby at risk of developing several hypoxic and ischemic injuries, including brain injuries that can lead to cerebral palsy.
Examples of umbilical cord complications include:
Other abnormalities, such as the cord being too long or too short, can serve as risk factors as well.
Umbilical cord problems can increase the chances of birth asphyxia, which can lead to fetal distress and injuries like HIE. This brain damage at birth is often the first sign of cerebral palsy in young children.
Medical Mistakes That Can Cause or Worsen Umbilical Cord Problems:
- Failing to conduct adequate prenatal checkups and missing an umbilical cord complication.
- Failing to recognize an umbilical cord complication as a threat, leading to further injury to the mother or her child.
- Failing to conduct an emergency c-section procedure in the event of an umbilical cord complication during labor and delivery.
- Injuring the mother or her child with forceps and vacuum extractors in the event of an umbilical cord complication during labor and delivery.
Delayed C-Sections
A Cesarean delivery (or C-section) is a delivery method where doctors make an incision into the mother’s abdomen and uterus. They then manually remove the baby from this opening. C-sections are common in emergency situations when vaginal birth will take too long or is otherwise too risky to attempt.
Doctors sometimes plan C-sections in advance when babies have known complications like macrosomia or cephalopelvic disproportion making vaginal labor unsafe. Unexpected labor and delivery complications like prolonged labor and uterine hyperstimulation, or fetal distress may call for an emergency C-section.
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 emergency C-sections start within 30 minutes of deciding to perform one.
Sometimes even 30 minutes is too long to wait. Conditions where a C-section must start in under 30 minutes can include uterine rupture, umbilical cord prolapse, or placental abruptions.
C-sections must also happen quickly when fetal heart monitor strips indicate a dangerous lack of oxygen to the baby. Waiting for 30 minutes when heart rate strips show rapid decelerations puts the baby at risk for hypoxic brain damage.
Needlessly delaying a C-section can prolong oxygen deprivation and result in brain injuries at birth like HIE. This can result in the loss of motor control, delayed developmental milestones, neonatal seizures, and other lapses in cognitive functioning. All of these symptoms are signs of cerebral palsy conditions that stem from brain damage at birth.
Medication Errors
Over the course of her pregnancy, an expecting mother may develop illnesses, infections, or other pregnancy complications requiring medications. Doctors may also administer medications to her when complications arise during labor and delivery. These medications can be lifesaving and prevent further harm to the mother, but their misuse sometimes leads to preventable birth injuries.
Birth injuries from medications are 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. Doctors typically prescribe these medications when the mother experiences weak contractions, prolonged or arrested labor, or post term pregnancy.
Pitocin and Cytotec can safely induce labor, but too high of a dose can cause dangerously frequent and forceful labor contractions. This complication, known as uterine hyperstimulation, can deprive the baby of oxygen and increase the risk for hypoxia. Prolonged hypoxia can cause irreversible brain damage that may lead to cerebral palsy later in life.
When hyperstimulation occurs, labor and delivery teams must turn down the levels of medication and prepare to intervene. This can include preparing for an emergency C-section delivery when hyperstimulation leads to more severe problems like a uterine rupture.
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.
Any maternal infection during pregnancy carries the risk of transferring to the 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 linked to the risk of brain damage and cerebral palsy include chorioamnionitis, meningitis, encephalitis, and cytomegalovirus. Some sexually transmitted diseases like herpes simplex virus and human immunodeficiency virus (HIV) also carry significant risks.
When passed to the baby, the infection can cause swelling and inflammation in their developing brain. Sometimes the infection can trigger widespread inflammation throughout the baby’s body, a condition called 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.
These birth complications can happen more easily when healthcare providers miss the early signs of a maternal infection. It also counts as medical malpractice when healthcare professionals use an incorrect medication or an incorrect dosage.
Medication errors (both prescribing and administering) can have dangerous consequences for both the mother and her baby. When preventable medication misuse contributes to a baby’s brain damage at birth, it counts as medical malpractice.
Birth Injuries From Medications
Premature Birth
A child born prematurely is at risk for underdeveloped organs like the brain, the heart, and the lungs. This puts them at a higher risk of birth injuries, including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.
According to researchers, premature babies account for anywhere between 33% and 50% of all cases of cerebral palsy.
A research review of the medical records of 206 children with cerebral palsy showed that 54.4% (over half) were premature. Babies born before 28 weeks of pregnancy were found to have the highest risk for cerebral palsy.
Research studies suggest that up to 15% of all babies born between 24 and 27 weeks of pregnancy may develop cerebral palsy. This is why antenatal and postnatal care for premature babies should be a critical component of cerebral palsy prevention strategies. Examples of this type of care include neonatal resuscitation and therapeutic hypothermia (brain cooling) treatment.
Birth Complications
A newborns risk for cerebral palsy does not always end after labor and delivery. Sometimes birth complications cause babies to be born with increased risks for brain injuries.
One common cause of cerebral palsy after birth is kernicterus, a type of brain damage from extreme cases of jaundice. A baby develops jaundice when their liver cannot process the high levels of bilirubin in their blood.
Bilirubin is a waste product of broken-down red blood cells, and elevated levels can cause a yellowish skin pigment. Too much bilirubin can be dangerous as it has potential to cross the baby’s blood-brain barrier. Kernicterus refers to bilirubin deposits inside the brain that disrupt critical functioning, resulting in permanent damage.
Neonatal infections after birth can also cause similar long-lasting brain damage in newborns. Infections like meningitis can be particularly dangerous as it directly infects the baby’s brain and spinal cord with harmful pathogens.
Any infection that causes high fever in infancy has the potential to cause irreversible brain damage. Even common infections like influenza can result in movement disorders and other cerebral palsy symptoms later in childhood.
Medical Mistakes That Can Cause or Worsen Birth Complications:
- Failing to admit a baby into the neonatal intensive care unit (NICU) or releasing them too early
- Failing to diagnose a neonatal infection at birth, either by missing the symptoms or failing to conduct proper testing
- Failing to provide adequate birth injury treatment for complications, such as neonatal phototherapy for jaundice
- Failing to intervene during labor and delivery complications, worsening a baby’s conditions at birth
Did Medical Mistakes Cause My Child’s Cerebral Palsy?
A cerebral palsy diagnosis can stem from a multitude of different complications that interact together. And parents deserve to know when preventable medical mistakes either directly or indirectly cause their child’s conditions later in life.
Missing pregnancy complications, improperly monitoring fetal heart rates, or delaying C-sections can all lead to a baby’s preventable brain injury. If a family believes medical negligence worsened a child’s brain damage at birth, legal support may be an option. A cerebral palsy attorney can review the medical records and circumstances to assess whether a claim exists.
Families who have experienced the effects of brain injuries from negligent medical care deserve to know whether they were avoidable. Our cerebral palsy attorneys specialize in birth injury medical malpractice, helping families seek compensation when negligence causes lifelong conditions.
Our team will thoroughly investigate the facts, holding responsible parties accountable by pursuing medical malpractice claims.
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 case and the state where you file. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to private property.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. 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, you may have less time to give notice if:
- The negligent party was a local or state government hospital
- The doctors and medical providers are employees of a governmental entity
If you file your case outside of the statute of limitations, the court will typically dismiss it. This means you will not be eligible to recover compensation for you or your child’s injuries.
Determining when a statute of limitations begins on your case can be tricky. Our cerebral palsy attorneys specialize in medical malpractice and can tell you important cutoff dates in your state.
How Can Our Cerebral Palsy Attorneys Help?
A detailed expert review of the facts and circumstances of your pregnancy and your child's birth can reveal many things. Namely, it can determine whether a child’s cerebral palsy diagnosis and related symptoms were the result of medical malpractice.
Our Process
Our team of cerebral palsy attorneys specializing in birth injuries and can help assess your potential cerebral palsy case. We use our detailed medical negligence case review process to take in your information and begin learning more.
We start by gathering information about your pregnancy by examining records to determine what happened during and after your delivery. This includes evaluating the fetal heart rate strips during labor and any action medical professionals took in the NICU.
We will call in skilled medical experts who review your records and provide insight into where medical professionals went wrong. If we feel medical negligence caused or worsened your baby’s cerebral palsy symptoms, we meet with you to discuss further.
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 once you do. The sooner you reach out, the sooner we can investigate your case and gather the evidence to support your claim.
We work on a contingency fee basis, meaning you will not pay any legal fees until we win your case. We do not purse any medical malpractice cases unless we fully believe we can win.
Contact us today to schedule your free consultation by calling our toll-free line at (888) 987-0005. You can also reach us by filling out our online request form.
Miller Weisbrod Olesky
At Miller Weisbrod Olesky, the attorneys, nurses, and staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.
Call our offices today at 888.987.0005 for experienced assistance in a free consultation.
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