Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. It is caused by damage to the developing brain, most often occurring before, during, or shortly after birth. The term “cerebral” refers to the brain, and “palsy” refers to muscle weakness or lack of control. While cerebral palsy is not progressive (meaning it does not worsen over time), its symptoms and effects can change as a person grows and develops.
If your child has been impacted by cerebral palsy and you suspect medical negligence, call a birth injury lawyer in Pearland at Hampton & King today at (713) 658-0231.
Types of Cerebral Palsy
Cerebral palsy is classified by the CDC into several types, depending on the areas of the brain affected and the resulting motor impairments:
- Spastic Cerebral Palsy: This is the most common type, affecting approximately 70-80% of people with CP. It is characterized by stiff muscles and exaggerated reflexes, leading to difficulty with movement.
- Dyskinetic Cerebral Palsy: This involves involuntary movements, such as twisting or repetitive motions, due to fluctuating muscle tone. In such cases, affected individuals may have trouble controlling their hands, arms, feet, or legs.
- Ataxic Cerebral Palsy: This type affects balance and coordination. Individuals may have difficulty with tasks requiring precision, such as writing or buttoning clothing.
- Mixed Cerebral Palsy: A combination of symptoms from two or more types of CP.
In addition to motor impairments, individuals with CP may experience other complications, such as:
- Speech or swallowing difficulties.
- Seizures.
- Cognitive impairments or learning disabilities (though many individuals have normal or above-average intelligence).
Cerebral palsy can sometimes be difficult to diagnose in very young infants, as their nervous systems are still developing. In such cases, doctors may recommend periodic monitoring to observe the child’s progress over several months. Patterns of delayed or abnormal development often become clearer as the child grows.
What are the Common Causes of Cerebral Palsy?
Cerebral palsy can be caused by various factors that lead to brain injury or abnormal brain development, including:
- Lack of oxygen to the baby’s brain during labor and delivery (birth asphyxia).
- Traumatic delivery, such as improper use of delivery tools (forceps or vacuum extractors).
- Infections during pregnancy, like rubella or cytomegalovirus.
- Premature birth or low birth weight.
- Untreated jaundice or kernicterus.
If you believe medical negligence played a role in your child’s condition, consulting an attorney can help determine your legal options.
Can Cerebral Palsy Develop Later in Life?
Cerebral palsy is caused by damage to the brain during pregnancy, delivery, or shortly after birth. It does not develop later in life because it is not a progressive condition. However, the effects of cerebral palsy, such as muscle tightness or coordination challenges, may become more noticeable as a child grows and develops. Additionally, adults with cerebral palsy may experience new challenges, such as joint pain or mobility issues, as they age.
Is There a Cure for Cerebral Palsy?
There is currently no cure for cerebral palsy, but treatments and therapies can help manage symptoms and improve quality of life. Early intervention and therapies can help individuals with cerebral palsy to manage the brain’s impact on movement and other functions. These include:
- Physical Therapy: Helps improve muscle strength and coordination by encouraging the brain to form new pathways for movement.
- Occupational Therapy: Focuses on teaching adaptive skills for daily living.
- Speech Therapy: Addresses communication challenges by strengthening facial muscles or using alternative communication devices.
- Medications and Surgeries: Manage spasticity, seizures, or other symptoms stemming from neurological damage.
- Surgery: In some cases, doctors may recommend surgery to correct bone or muscle abnormalities.
Early detection is crucial for implementing interventions that can significantly improve a child’s mobility, coordination, and overall quality of life. Physical therapy, occupational therapy, and speech therapy can all begin as soon as a diagnosis is made, helping children maximize their potential and achieve greater independence.
Who Can File a Cerebral Palsy Lawsuit?
A cerebral palsy lawsuit can provide financial relief to families whose child’s condition was caused by medical negligence during pregnancy, labor, delivery, or shortly after birth.
In most cases, the parents or legal guardians of the child with cerebral palsy are the primary parties eligible to file a lawsuit. This is because:
- They are responsible for the child’s care and medical expenses.
- They have the authority to pursue legal action on behalf of their minor child.
Filing a lawsuit allows parents to seek compensation for medical bills, therapy costs, lost wages, and other expenses associated with their child’s condition.
Key Factors for Eligibility
To file a cerebral palsy lawsuit, certain conditions must be met:
- Evidence of Medical Negligence: There must be evidence that a healthcare provider failed to meet the accepted standard of care, resulting in harm to the child. Examples include failing to respond to fetal distress, improper use of delivery tools, or delayed treatment of infections.
- Causation: The negligence must be directly linked to the child’s cerebral palsy diagnosis.
- Timely Filing: The lawsuit must be filed within the statute of limitations for medical malpractice in your state.
Can I File a Cerebral Palsy Lawsuit Years After My Child’s Birth?
Yes, but time limits apply. Each state has a statute of limitations that dictates how long you have to file a lawsuit. In some cases, the Texas statute of limitations is extended for claims involving minors, giving you more time to pursue legal action. It’s crucial to consult an attorney as soon as possible to ensure you meet all deadlines and preserve your right to seek compensation.
Don’t Face This Alone – We’re Here to Help.
Navigating life after a cerebral palsy diagnosis can be overwhelming, but you don’t have to do it alone. If you believe medical errors during pregnancy, delivery, or postpartum care contributed to your child’s condition, Hampton & King is here to help. With decades of experience in medical malpractice cases, our team has successfully helped families like yours obtain the financial support needed to provide their children with the best possible care.
Our Houston cerebral palsy lawyers assist families not only in the city but also throughout Harris County and surrounding areas, ensuring that every child affected by preventable birth injuries receives the legal representation they deserve. Whether your case involves negligence at a Houston hospital, a facility in Katy, The Woodlands, Sugar Land, or anywhere in the region, we are prepared to fight for justice on your behalf.
We offer personalized legal representation tailored to your unique situation. Our approach includes:
- Conducting a thorough review of your medical records.
- Consulting top medical experts to build a strong case.
- Aggressively negotiating settlements or fighting for your rights in court.
The compensation we secure can help cover medical expenses, therapy, specialized education, and more. Most importantly, it can offer you peace of mind knowing your child’s future is more secure.
Don’t delay – each day that passes could mean losing critical evidence for your case. Call Hampton & King today at (713) 658-0231 or fill out our simple online form to schedule your free consultation. We’re ready to stand by your side and fight for the justice your family deserves.