Cerebral palsy can be caused by negligence during the birthing process

March 15, 2013

When a woman delivers a baby, she places trust in the knowledge and skill of her physician. She assumes that all safety rules will be followed to ensure that her baby is not harmed during the birthing process. Unfortunately, doctors are not always worthy of that trust. When a doctor does not follow safety rules designed to protect the health of mother and child during labor and delivery, the doctor may be held responsible under the law for birth injuries to the child.

Cerebral palsy is one of the more common birth injuries in the United States. Complications that arise during labor and delivery can lead to the disease. When labor and delivery is mishandled and not performed safely, an infant's brain may be deprived of oxygen -- referred to as hypoxia -- this can result in cerebral palsy.

What is cerebral palsy?

Cerebral palsy refers to a number of disorders that affect the nervous system and brain. The disease can manifest in mild or severe symptoms, including problems with motor skills, walking, speech development and muscle coordination. Cerebral palsy can also lead to hearing and vision complications, cognitive disabilities and seizures.

According to the Centers for Disease Control and Prevention, 33 percent of children with cerebral palsy had difficulty walking or were unable to walk in 2006. In addition, 31 percent of children with cerebral palsy required walkers or wheelchairs in order to be independently mobile.

Research has shown that children with cerebral palsy are likely to suffer from other types of disabilities as well. The Metropolitan Atlanta Developmental Disabilities Surveillance Program studied 8-year-old children with cerebral palsy and found that 60 percent suffered from other developmental disabilities. The research found that:
- 40 percent also had an intellectual disability
- 35 percent suffered from epilepsy
- 25 percent had both an intellectual disability and epilepsy
- 15 percent had some type of vision impairment

Unfortunately, there is no cure for cerebral palsy. Typically, a child with cerebral palsy will require specialized medical care to assist in proper development. In some cases, children will require medication and physical therapy to lessen the effects of muscle tension and help the child develop the skills necessary for daily life.

Physician negligence can lead to cerebral palsy

When a child develops cerebral palsy -- particularly in cases in which the mother had a challenging labor and delivery -- it is wise to investigate the cause of the illness. If the physician or hospital was negligent in providing care, you may be able to recover damages. In such cases, consulting with a skilled medical malpractice attorney will ensure your rights are protected.

Article provided by Biancheria & Maliver, P.C.
Visit us at www.bem-law.com