What is Cerebral Palsy?
Cerebral palsy is a group of disorders affecting movement, muscle tone, and posture caused by damage to the developing brain, often before, during, or shortly after birth. The condition affects approximately 1 in 323 children and can result in lifelong disabilities requiring extensive care.
Common Causes of Birth-Related Cerebral Palsy
Medical negligence can cause cerebral palsy through:
- ✓Oxygen deprivation (hypoxia or asphyxia) during labor or delivery
- ✓Failure to perform timely cesarean section
- ✓Failure to respond to signs of fetal distress
- ✓Improper use of delivery instruments (forceps or vacuum)
- ✓Failure to diagnose or treat infections
- ✓Delayed treatment of jaundice or other conditions
Types of Cerebral Palsy
There are four main types of cerebral palsy:
- ✓Spastic CP: Stiff muscles and awkward movements (most common, 80% of cases)
- ✓Dyskinetic CP: Uncontrollable movements of hands, arms, feet, and legs
- ✓Ataxic CP: Problems with balance and coordination
- ✓Mixed CP: Combination of symptoms from multiple types
Compensation in Cerebral Palsy Cases
Cerebral palsy settlements often exceed $10 million due to the extensive lifetime care required. Compensation typically covers medical expenses, therapy costs, special education, adaptive equipment, home modifications, loss of earning capacity, and pain and suffering.
Proving Medical Negligence
To win a cerebral palsy lawsuit, you must prove: the healthcare provider owed a duty of care, they breached the standard of care, the breach caused your child's cerebral palsy, and your child suffered damages as a result. Medical expert testimony is crucial to establishing these elements.