Cerebral Palsy (CP) is a collective term for a group of neurological disorders that affect movement, muscle tone, and posture. It is the most common physical disability in childhood, approximately 1 in 345 children in the United States is diagnosed with CP.
Caused by abnormalities in the developing brain, cerebral palsy typically arises during pregnancy, childbirth, or shortly after birth. With varying degrees of severity, symptoms can range from mild to debilitating, influencing the individual’s ability to perform daily tasks and engage with their surroundings. I
Cerebral Palsy is a common result of medical malpractice, causing significant physical, emotional, and financial hardship for families. Understanding the different types of cerebral palsy is critical for families navigating the associated challenges and considering legal action for any potential negligence.
This article explores the four main types of cerebral palsy—spastic, dyskinetic, ataxic, and mixed cerebral palsy—and outlines important legal steps for those affected.
1. Spastic Cerebral Palsy
Spastic cerebral palsy is the most common type, affecting about 80% of individuals diagnosed with CP. It is characterized by stiffness and tightness of muscles, which can lead to impaired movement. This condition occurs due to damage to the brain’s motor cortex, which regulates muscle movement. This damage can occur due to medical negligence.
Symptoms:
- Increased muscle tone
- Difficulty with voluntary movements
- Variability in muscle control affecting different parts of the body
- Slurred, tight, or hoarse speech
- Trouble with eating
- Learn or intellectual disabilities
- Delayed growth
Legal Considerations:
Legal considerations for spastic cerebral palsy include disability benefits or medical malpractice lawsuit
Children under 18 may be eligible for supplemental security income benefits if their family has limited income and assets
Some examples of medical errors that may lead to spastic CP may include:
- Failing to treat maternal infection
- Failing to monitor the baby during labor
- Failing to perform a cesarean section if necessary
- Negligent neonatal care
- Improper use of tools
Families may file a case if spastic CP results from medical negligence during prenatal care, delivery, or postnatal care that could have been prevented.
2. Dyskinetic Cerebral Palsy
Dyskinetic cerebral palsy is the second most common type of cerebral palsy after spastic CP. It encompasses a range of movement disorders, including chorea (irregular, unintentional movements) and dystonia (muscle contractions and abnormal postures). Medical negligence may be how damage to the brain occurred either during late pregnancy or early birth.
Sometimes cerebral palsy does not become evident to the parent or guardian until early childhood.
Symptoms:
- Fluctuating muscle tone (either too tight or too loose)
- Twisting/ abrupt uncontrolled movements
- Difficulty with coordination and balance
- Abnormal posture
- Movements that alternate from slow and painful to fast and rapid
Legal Considerations:
Some examples of medical errors that may lead to spastic CP may include:
- Failing to treat maternal infection
- Failing to monitor the baby during labor
- Failing to perform a cesarean section if necessary
- Negligent neonatal care
- Improper use of tools
If evidence suggests that the dyskinetic CP was caused by a lack of timely medical intervention during childbirth, families may have grounds for a legal claim.
3. Ataxic Cerebral Palsy
Ataxic cerebral palsy is the least common type, characterized by problems with balance and coordination. This form occurs due to damage to the cerebellum, which is responsible for motor control.
Symptoms:
- Poor coordination and balance
- Difficulty with precise movements
- Tremors and lack of stability when standing or walking
Legal Considerations:
Some examples of medical errors that may lead to spastic CP may include:
- Failing to treat maternal infection
- Failing to monitor the baby during labor
- Failing to perform a cesarean section if necessary
- Negligent neonatal care
- Improper use of tools
A claim may be filed if it can be shown that the ataxic CP resulted from negligently handled medical situations, such as improper monitoring during birth.
4. Mixed Cerebral Palsy
Mixed cerebral palsy presents characteristics of more than one type of CP, most commonly a combination of spastic and dyskinetic movements. The symptoms will vary widely, depending on the specific nature of the brain damage.
Symptoms:
- A combination of muscle stiffness, uncontrolled movements, and balance issues
- Tremors
- Difficulty walking
- Difficulty grasping objects
- Varying levels of severity in symptoms
Legal Considerations:
Some examples of medical errors that may lead to spastic CP may include:
- Failing to treat maternal infection
- Failing to monitor the baby during labor
- Failing to perform a cesarean section if necessary
- Negligent neonatal care
- Improper use of tools
Families can explore legal avenues if the mixed CP is linked to negligent care or malpractice during pregnancy or birth, leading to preventable brain injury.
Early Signs of Cerebral Palsy by Age
Now that you are aware of the different types of cerebral palsy and have reviewed the symptoms for each type, here are the signs to look for during each stage of development.
Younger than 6 months of age
- The head lags when you pick them up while they’re lying on their back
- They feel stiff
- They feel floppy
- Their legs get stiff and cross or scissor when you pick them up
6 to 10 months of age
- They don’t roll over in either direction
- They cannot bring their hands together
- They have difficulty bringing their hands to their mouth
- They reach out with only one hand while keeping the other fisted
Older than 10 months of age
- They crawl in a crooked manner, pushing off with one hand and leg while dragging the opposite hand and leg
- They cannot stand even while holding on to support
Steps for Filing a Cerebral Palsy Case
If you believe that cerebral palsy in your child is the result of medical negligence, consider the following steps:
- Consult with a Legal Professional: Seek an attorney who specializes in medical malpractice and has experience with cerebral palsy cases. They can provide initial guidance and assess the viability of your case.
- Gather Documentation: Collect medical records, prenatal care files, delivery records, and any relevant documentation that details the care received. This can help establish a timeline and pattern of events.
- Obtain Expert Opinions: Medical experts can provide insights into standard practices and whether any deviations may have contributed to the brain injury.
- File a Claim: Depending on your jurisdiction, specific timelines and legal requirements for filing a claim may exist. Your attorney can assist with this process.
- Prepare for the Process: Legal cases can be lengthy and complex. Be prepared for possible negotiations, mediation, or a trial.
If you suspect medical negligence has played a role in your child’s diagnosis, it’s essential to seek legal guidance to explore your options thoroughly. Identifying the type of CP your child has and getting the legal support that you need is critical.
When to Hire a Medical Malpractice Attorney
The high costs of doctor visits, physical therapy, occupational therapy, pharmaceuticals, and assistive care are estimated to be well over one million dollars over a child’s lifetime. Insurance companies do not cover many of these services and of course do not even scratch the surface of the indirect costs such as home and automobile modifications, adaptive clothing, and special education.
With the right information and support, families can navigate the complexities of cerebral palsy and work toward securing justice and assistance for their loved ones. The Oshman Firm will help you find legal recourse to pursue a lawsuit for the compensation that is owed to you for the medical negligence you and your child have suffered.
Contact us today for a free, no-obligation case evaluation.
Sources:
- Cerebral palsy (CP). Centers for Disease Control and Prevention. https://www.cdc.gov/ncbddd/cp/index.html. Accessed May 24, 2021.
- Cerebral palsy (CP). Merck Manual Professional Version. https://www.merckmanuals.com/professional/pediatrics/neurologic-disorders-in-children/cerebral-palsy-cp?query=cerebral%20palsy#. Accessed June 12, 2023.
- Cerebral Palsy (CP). National Institute of Neurological Disorders and Stroke. https://www.ninds.nih.gov/health-information/disorders/cerebral-palsy
- Schwabe AL. Comprehensive care in cerebral palsy. Physical Medicine and Rehabilitation Clinics of North America. 2020; doi:10.1016/j.pmr.2019.09.012.
