Cerebral Palsy
Last edited September 25, 2006
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Cerebral Palsy
 
Cerebral Palsy is one of the most common types of birth injuries today. As a parent of a child with cerebral palsy, or other birth injury, you are certain to have many questions. Cerebral palsy is often mistakenly called a disease, however the term refers to a group of chronic disorders that affect a person’s motor skills, muscle tone and muscle movement.
 
Many parents are unaware that their child’s birth defect may have been caused by an injury during the delivery. While the majority of doctors and health care professionals are diligent and professional, unfortunately medical errors are too common and have tragic consequences. We have provided the below information snippets to help you locate the information and assistance that you need.
Finding Cerebral Palsy Legal Assistance
 
Annually, 8,000 - 10,000 babies and infants are diagnosed with cerebral palsy. Estimates suggest that 20% of children diagnosed with congenital cerebral palsy developed CP due to a brain injury during the birthing process. While the United States does not currently have a system to track the rate of cerebral palsy incidents, studies have shown that there has been an increase in doctor error and birthing mistakes associated with CP.

Parents of a child suffering with cerebral palsy should contact an experienced cerebral palsy lawyer to research the cause of their child’s condition. Haste is essential. Litigation may be the only way to receive compensation to which you may be entitled. Such compensation will likely include lost wages, medical bills, and/or financial compensation to heirs (in the case of a wrongful death).

Contact Medlaw Legal Team at http://www.cerebral-palsy-injury.com  |  http://www.medlawlegalteam.com or 1-888-4-MEDLAW, and our cerebral palsy attorneys can assist you in determining if you are entitled to receive compensation for the harm caused to you. Our physicians / lawyers will review your situation and inform you promptly as to whether you have a case.

Types of Cerebral Palsy

There are four classifications of cerebral palsy:

(1) Spastic - occurs when the muscles are too tight. Patients will have stiff and jerky movement and will often have difficulty letting go of something in their hand. Spastic cerebral palsy is divided into these subcategories:

  • Diplegia - affects both arms or both legs
  • Hemiplegia - affects limbs on one side of the body
  • Quadriplegia - affects all limbs
  • Monoplegia - affects only one limb
  • Triplegia - affects three limbs

(2) Ataxic - occurs when the muscles are too weak. Patients will be shaky and unsteady. They will often have very poor balance and be extremely unsteady when they walk.

(3) Athetoid - occurs when the muscles fluctuate between being too tight and too weak. Patients will have involuntary movement in the face and arms, and will have difficulty holding themselves in an upright position.

(4) Mixed - occurs when the muscles are affected in a combination of any of the types listed above.

Spastic Cerebral Palsy
A form of cerebral palsy that causes tightness in the muscles. Because of this tightness, spastic cerebral palsy patients have a difficult time controlling their movement.

Athetoid Cerebral Palsy
Involuntary movements - uncontrolled/unwanted movements.

Ataxic Cerebral Palsy
Jerky, uncoordinated movements caused by a disturbed sense of balance and depth perception.
Cerebral Palsy Legal Information from Birth Injury Attorneys

Common complaints heard by cerebral palsy lawyers from mothers who delivered a child with cerebral palsy are:

  • "The physician waited too long to do a C Section."
  • "The physician failed to diagnose fetal distress during labor."
  •  “The fetal monitor strips were interpreted incorrectly.”
  • “Medical care providers did not act soon enough when my water broke; or when I was bleeding; or when my labor didn’t progress; or when my blood pressure became elevated.”
  • “I was given too much Pitocin.”
  • “I was not referred to a specialist when it was determined that my pregnancy was high risk.”
  • “There was not a pediatrician present when my baby was delivered.”

If your child has cerebral palsy, and you are concerned that negligence may have played a tragic role in your child's birth injury, we encourage you to speak with an experienced cerebral palsy attorney. The medical malpractice lawyers of Janet, Jenner & Suggs concentrate on assisting families throughout the U.S. With a certified OBGYN / Doctor, Registered Nurse Attorneys, and Nurse Paralegals, on staff The MEDLaw Legal Team is positioned to assist parents in their efforts to find out what went wrong, and to determine if negligence played a part.

For more information about The MEDLaw Legal Team please visit their website: www.medlawlegalteam.com

For more detailed information about Cerebral Palsy and Birth Injuries please visit: www.cerebral-palsy-injury.com

Cerebral Palsy According to Wikipedia
 
"Cerebral palsy (CP) is an umbrella term encompassing a group of non-progressive neurological physical disabilities in the development of human movement and posture. CP arises from disturbances in the developing fetal or infant brain; motor disorders are often accompanied by disturbances of sensation, cognition, communication, perception, and/or behavior, and/or by a seizure disorder” (Rosenbaum et al, 2005).

The incidence in developed countries is approximately 2-2.5 per 1000 live births. Incidence has not declined over the last 60 years despite medical advances like electro-fetal monitoring. Cerebral palsy is a non-progressive disorder, however secondary orthopaedic deformities are common, for example hip dislocation and scoliosis of the spine. There is no known cure; medical intervention is limited to the treatment and prevention of complications possible from their disabilities. Allied health is employed to maximise their function and ease of care. Severity varies widely, and cerebral palsy ranks among the most costly congenital conditions to manage.

Cerebral palsy is divided into four major classifications to describe the different movement impairments. These classifications reflect the area of brain damaged. Cerebral palsy can occur during pregnancy (~75%), at birth (~5%) or after birth (~15%). 80% of causes are unknown. For the small number where cause is known this can include infections, malnutrition, and significant head injury in very early childhood.

The four major classifications are:

  • Spastic;
  • Athetoid;
  • Ataxic, and
  • Mixed.

In 30% of all cases of cerebral palsy, the spastic form is found along with one of the other types. There are a number of other minor types of cerebral palsy, but these are the most common. Onset of arthritis and osteoporosis can occur much sooner in adults with CP. Further research is needed on adults with CP, as the current literature body is highly focused on the pediatric patient." - http://en.wikipedia.org/wiki/Cerebral_palsy

Cerebral Palsy According to The Encyclopedia Britannica
 
"Paralysis resulting from abnormal development or damage to the brain before or soon after birth.

Cases are of four main types: spastic, with spasms contracting the extremities, and often mental retardation and epilepsy; athetoid, with slow, changing spasms in the face, neck, and extremities, grimacing, and inarticulate speech (dysarthria); ataxic, with poor coordination, muscle weakness, an unsteady gait, and difficulty performing rapid or fine movements; and mixed, in which symptoms of two or more types are present." - http://www.britannica.com/ebc/article-9360191

Cerebral Palsy According to The National Institute of Neurological Disorders and Stroke
 
"Cerebral palsy is an umbrella-like term used to describe a group of chronic disorders impairing control of movement that appear in the first few years of life and generally do not worsen over time. The disorders are caused by faulty development of or damage to motor areas in the brain that disrupts the brain's ability to control movement and posture. Symptoms of cerebral palsy include difficulty with fine motor tasks (such as writing or using scissors), difficulty maintaining balance or walking, involuntary movements. The symptoms differ from person to person and may change over time. Some people with cerebral palsy are also affected by other medical disorders, including seizures or mental impairment, but cerebral palsy does not always cause profound handicap. Early signs of cerebral palsy usually appear before 3 years of age. Infants with cerebral palsy are frequently slow to reach developmental milestones such as learning to roll over, sit, crawl, smile, or walk. Cerebral palsy may be congenital or acquired after birth. Several of the causes of cerebral palsy that have been identified through research are preventable or treatable: head injury, jaundice, Rh incompatibility, and rubella (German measles). Doctors diagnose cerebral palsy by testing motor skills and reflexes, looking into medical history, and employing a variety of specialized tests. Although its symptoms may change over time, cerebral palsy by definition is not progressive, so if a patient shows increased impairment, the problem may be something other than cerebral palsy. " - http://www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm
 
Resources at Ninds.nih.gov
    Introduction
    What is Cerebral Palsy?
    How Many People Have Cerebral Palsy?
    What Are the Early Signs?
    What Causes Cerebral Palsy?
    What are the Risk Factors?
    Can Cerebral Palsy Be Prevented?
    What Are the Different Forms?
    What Other Conditions Are Associated With Cerebral Palsy?
    How Does a Doctor Diagnose Cerebral Palsy?
    How is Cerebral Palsy Managed?
    What Specific Treatments Are Available?
    Drug Treatments
    Surgery
    Orthotic Devices
    Assistive Technology
    Alternative Therapies
    Are There Treatments for Other Conditions Associated with Cerebral Palsy?
    Do Adults with Cerebral Palsy Face Special Health Challenges?
    What Research Is Being Done?
    Where can I get more information?
    Glossary
Cerebral Palsy According to The March of Dimes
 
"Cerebral palsy refers to a group of conditions that affect control of movement and posture. Because of damage to one or more parts of the brain that control movement, an affected child cannot move his or her muscles normally. While symptoms range from mild to severe, the condition does not get worse as the child gets older. With treatment, most children can significantly improve their abilities.

Many children with cerebral palsy have other problems that require treatment. These include mental retardation; learning disabilities; seizures; and vision, hearing and speech problems." - http://www.marchofdimes.com/professionals/681_1208.asp

Cerebral Palsy Medical Statistics from WrongDiagnosis.com
 
Medical malpractice statistics for Cerebral Palsy: The following are medical malpractice statistics from various sources about Cerebral Palsy:
  • Medical malpractice lawsuit payment statistics for obstetrics malpractice in the USA:
    • 1,129 medical malpractice payments were made due to obstetrics related malpractice in the US 2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • $497,121 was the mean medical malpractice payments made due to obstetrics related malpractice in the US 2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • $265,000 was the median medical malpractice payments made due to obstetrics related malpractice in the US 2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • 15,516 medical malpractice payments were made due to obstetrics related malpractice in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • $369,543 was the mean medical malpractice payments made due to obstetrics related malpractice in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • $200,000 was the median medical malpractice payments made due to obstetrics related malpractice in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
    • Medical malpractice lawsuit payment statistics for Obstetrics malpractice in the USA:
      • There was a 5.56 year mean time delay between obstetrics related malpractice incident and payment in the US 2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
      • There was a 4.63 year median time delay between obstetrics related malpractice incident and payment in the US 2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
          • Medical malpractice lawsuit payment statistics for obstetrics malpractice and nursing malpractice in the USA:
            • 264 obstetrics related malpractice payment reports were made against registered nurses in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
            • 8 obstetrics related malpractice payment reports were made against nurse anaesthetists in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
            • 281 obstetrics related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
            • 15 obstetrics related malpractice payment reports were made against nurse practitioners in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
            • 0 obstetrics related malpractice payment reports were made against advanced nurse practitioners in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                • Medical malpractice lawsuit statistics for obstetrics malpractice in the USA:
                  • There were 8,428 obstetrics related primary malpractice acts or omissions in the US 1990-96 (The National Practitioner Data Bank Public Use File)
                  • 7% of primary malpractice acts or omissions were obstetrics related in the US 1990-96 (The National Practitioner Data Bank Public Use File)
                  • $2,824,280,036 in payments were made for obstetrics related primary malpractice acts or omissions in the US 1990-96 (The National Practitioner Data Bank Public Use File)
                      • Medical malpractice lawsuit statistics for midwife malpractice in the USA:
                        • 445 medical malpractice reports were made to the National Practitioner Databank regarding nurse midwife in the US 1990-2004 (NPDB Summary Report, National Practitioner Data Bank, US DHHS)
                        • 10 medical malpractice reports were made to the National Practitioner Databank regarding lay midwives in the US 1990-2004 (NPDB Summary Report, National Practitioner Data Bank, US DHHS)
                        • 281 obstetrics related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 0 anaesthesia related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 28 diagnosis related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 0 equipment or product related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 8 monitoring related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 2 medication related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 7 surgery related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 22 treatment related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                        • 0 IV and blood products related malpractice payment reports were made against nurse midwives in the US 1990-2002 (2002 Annual Report, National Practitioner Data Bank, US DHHS)
                              • http://www.wrongdiagnosis.com/c/cerebral_palsy/stats.htm#medical_stats

                                Cerebral Palsy News Links
                                 
                                Teen Tackles Cerebral Palsy To Play Football
                                ... football. That’s because Tyler has cerebral palsy. ... And Tyler was moved recently when he met a younger boy with cerebral palsy. "A ...
                                 
                                Boy, 10, awarded $5.3m over cerebral palsy
                                A TEN-year-old boy left with cerebral palsy after a Queensland public hospital bungled his birth has been awarded $5.3 million in compensation - the state's ...
                                 
                                Facility provides care for children with cerebral palsy for 31 ...
                                A Catholic education and nursing institute located in Taidong is devoted to the care of children who have cerebral palsy. Over the ...
                                 
                                Cerebral palsy sufferer raises £1,200 for friend's 'wonder drug'
                                ... completed his charity effort. The internet company worker has cerebral palsy to the extent he can barely walk. But Mr Radford was ...
                                Example Cerebral Palsy Google Ad
                                 
                                Cerebral Palsy
                                Baby with CP caused by nature or
                                Med Error? Ask a OBGYN and Lawyer.
                                www.CPAlert.org
                                 
                                Cerebral Palsy Lawyers
                                 
                                The MEDLAW Legal Team assigns legal and medical professionals to successfully represent your family. We evaluate your case, help to determine your child's health care needs and together form a 'Life Care Plan'.

                                Compensation can potentially include a lifetime of benefits. Recoverable damages can include:
                                   - Compensation for Pain & Suffering; Mental Anguish;
                                   - Compensation for Lost Earnings;
                                   - Potential Lifetime Care;

                                With doctor/lawyers on staff, an OBGYN, a Labor & Delivery Nurse, and other experienced medical professionals representing your rights, The MEDLAW Legal Team offers families and children the resources and experience necessary to successfully litigate malpractice claims.
                                 
                                Parents suspecting that their child's cerebral palsy may have been caused by medical negligence should contact an experienced attorney with a successful track record of litigating medical malpractice claims. Time is of the essence, as a statute of limitations applies to medical malpractice lawsuits. Contact us for a free initial claim evaluation, and let us help you to determine your legal rights.
                                 
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