Cerebral Palsy and How Medical Malpractice may be Responsible

author by Bruce Fagel on Aug. 14, 2012

Accident & Injury Medical Malpractice Accident & Injury  Wrongful Death Accident & Injury  Personal Injury 

Summary: Cerebral palsy is a disorder caused by damage to the brain before, during, or a short time after birth.

Cerebral palsy is a neurological disorder caused by damage to the brain before, during, or immediately following birth.  Although the symptoms of cerebral palsy involve motor coordination problems, it is not a disorder caused by problems with the nerves or muscles, but instead by damage to the motor areas of the brain that prevent the brain from properly controlling movement and posture.

Cerebral palsy symptoms may include problems moving, learning, talking, seeing, hearing, talking, seizures, developmental disabilities, swallowing, and eating.  It is one of the most severe of birth injuries.  Parents may notice children with cerebral palsy having a delay or difficulty achieving developmental milestones such as sitting, crawling, rolling, or walking.  Children with cerebral palsy may also have muscle paralysis that can affect one or both arms and legs.  Children with cerebral palsy may also experience pain.

Cerebral palsy may result from a variety of causes, including unknown causes.  Cerebral palsy may be caused by a lack of oxygen flow to the brain of an infant, premature delivery, trauma to the brain, severe jaundice that is not treated leading to kernicterus, certain infections with the mother such as meningitis or herpes simplex.  Although most cases of cerebral palsy occur when the infant is still inside the mother, it can happen in the early years of a baby’s life as well.

Cerebral palsy can range from mild to severe and each person may have a unique set of symptoms.  While some kids may be able to walk, or walk with special equipment, other children will not be able to walk at all.  Some children with cerebral palsy will develop self-care skills whereas other children will require fulltime assistance from a caregiver.

It’s important to understand that the signs of cerebral palsy may not present themselves immediately at birth; sometimes the signs may take up to several years to become noticeable.  This creates a special challenge for parents, especially if the cerebral palsy was the result of medical malpractice, as the statute of limitations places time limits on how long a family may wait to file a lawsuit.  If a parent suspects their child may have cerebral palsy, there are a variety of tests a doctor can perform including a CT scan, neurological examination, EEG, MRI, vision test, hearing test, and blood tests.

If it is determined that the child has cerebral palsy and if medical malpractice is suspected to be the cause, the parents should consult with a California cerebral palsy lawyer such as Dr. Bruce Fagel.  Dr. Fagel who is both a medical malpractice lawyer and a licensed medical doctor provides a free consultation to help determine if the family has a medical malpractice case.  Dr. Fagel also understands all the laws regarding medical malpractice cases, including the statute of limitations. 

If you would like a free consultation, you can contact the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376.



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