Cerebral Palsy Birth Injuries

A cerebral palsy birth injury is a term used to describe the brain damage or abnormal brain development that occurs before, during, or shortly after birth, leading to permanent movement and posture disorders. 

This type of birth injury or birth trauma can result from oxygen deprivation (asphyxia), trauma, viral infections, bacterial infections, or complications during labor and delivery. 

Symptoms of cerebral palsy vary in severity but often include muscle stiffness, weakness, coordination difficulties, and delayed developmental milestones. 

While the condition itself is not progressive, early diagnosis and interventions, such as therapy and assistive devices, can improve the quality of life for those affected by cerebral palsy.

Potential Causes of Cerebral Palsy

Cerebral palsy is caused by abnormal brain development or brain damage, typically before, during, or shortly after birth. 

Common causes include oxygen deprivation (asphyxia) during labor and delivery, birth defects, infections during pregnancy, such as rubella or cytomegalovirus, and severe jaundice in newborns. 

Premature infants birth, low birth weight, or complications like a baby’s head trauma or stroke in infancy can also increase the risk. While the exact cause may not always be identified, understanding these risk factors helps guide prevention and care.

Signs and Symptoms of Cerebral Palsy

Signs and symptoms of cerebral palsy vary widely depending on the severity and type of the condition but generally involve issues with movement, posture, and muscle control.

Early signs may include delays in reaching developmental milestones, such as sitting, crawling, or walking. 

Babies with CP may have abnormal muscle tone, appearing either too floppy (hypotonia) or too stiff (hypertonia).

Newborns and infants  might display unusual postures, involuntary movements, or persistent reflexes that typically disappear as infants grow.

Other symptoms can include difficulty with coordination and balance, such as an unsteady gait or trouble with fine motor skills like grasping objects.

In severe cases, children may have difficulty swallowing, speaking, or controlling facial muscles. 

Some individuals with cerebral palsy also experience associated conditions like intellectual disabilities, seizures, or vision and hearing impairments. 

While cerebral is a lifelong neurological disorder, various therapies and treatments can significantly enhance functionality and quality of life for individuals with the condition.

Cerebral Palsy Symptoms: Newborn to 6 Months

Cerebral palsy symptoms in newborns under 6 months can be subtle and may not always be immediately noticeable. 

If you suspect your child or family member has cerebral palsy, here are some signs to look for during the first 6 months of a child’s life:

• Abnormal Muscle Tone. The baby may feel unusually floppy (hypotonia) or stiff (hypertonia) when held.
• Delayed Motor Milestones. Difficulty lifting their head, rolling over, or controlling head movements might be apparent.
• Persistent Primitive Reflexes. Primitive reflexes, such as the Moro reflex (startle reflex), may not fade as expected with age.
• Odd Movements. The baby might show stiff or jerky movements, tremors, or difficulty coordinating their limbs.
• Feeding Challenges. Difficulty sucking, swallowing, or latching during breastfeeding may indicate poor oral muscle control.
• Unusual Postures. The baby might arch their back excessively or keep their hands fisted for extended periods.

If these signs are present in a newborn or infant under six months of age, early medical evaluation is crucial to determine the cause and initiate appropriate interventions.

Cerebral Palsy Symptoms: Six Months to Ten Months

Between 6 and 10 months, symptoms of cerebral palsy may become more noticeable as developmental milestones are expected. 

Common signs during the six month to ten month period include:

• Delayed Milestones. Difficulty sitting without support, crawling, or rolling over as expected for their age.
• Abnormal Muscle Tone. Persistent stiffness (hypertonia) or floppiness (hypotonia) that affects movement and posture.
• Unusual Movement Patterns. Using only one side of the body to reach or move, such as favoring one hand (early hand dominance) or dragging one leg while crawling.
• Persistent Primitive Reflexes. Reflexes like the startle or grasp reflex may continue when they should fade by this age.
• Postural Abnormalities. Arching the back excessively, scissoring of the legs, or maintaining stiff or awkward positions.
• Difficulty with Fine Motor Skills. Struggles with grasping toys, reaching for objects, or controlling hand movements.

If you notice these symptoms in a child between 6 and 10 months of age, consulting a pediatrician or specialist is key for understanding their condition, getting an early diagnosis, and initiating therapies to support development.

Cerebral Palsy Symptoms: Ten Months and Older 

After ten months of age, symptoms of cerebral palsy may become more pronounced as motor skills and coordination challenges emerge. 

Common signs of cerebral palsy in slightly older infants include:

• Delayed Milestones. The child may not crawl, pull up to stand, or walk at expected ages. They might skip crawling entirely and move in unusual ways, like scooting on their bottom.
• Asymmetry in Movement. Using one side of the body more than the other, such as dragging one leg while crawling or consistently favoring one hand.
• Muscle Tone Abnormalities. Stiffness (hypertonia), floppiness (hypotonia), or fluctuating tone may affect movement and posture.
• Uncoordinated or Odd Movements. Jerky or uncontrolled motions, difficulty with balance, or tremors may be observed.
• Abnormal Gait Patterns. If the child begins to walk, they may exhibit unusual patterns such as tip-toeing, a crouched stance, or scissoring of the legs.
• Speech and Feeding Issues. Difficulty chewing, swallowing, or babbling may indicate poor muscle control.
• Persistent Primitive Reflexes. Primitive reflexes that should have disappeared may still be present, like the grasp or startle reflex.

Parents noticing these signs should seek evaluation from a pediatrician or developmental specialist for diagnosis and early intervention.

Different Types of Cerebral Palsy

The four main types of cerebral palsy are spastic (muscle stiffness), dyskinetic (uncontrolled movements), ataxic (balance and coordination issues), and mixed (a combination of two or more types).

Spastic Cerebral Palsy

Spastic cerebral palsy is the most common form of the condition.

It is characterized by stiff and tight muscles, which result in limited movement and coordination difficulties.

Spastic cerebral palsy can be hemiplegic (affecting one side of the body e.g., the right arm and right leg) or diplegic (affecting both sides of the body).

Dyskinetic Cerebral Palsy

Dyskinetic cerebral palsy is characterized by uncontrolled, involuntary movements, which can be slow and writhing (athetoid) or rapid and jerky (choreiform), affecting a person’s ability to control their muscles.

Ataxic Cerebral Palsy

Ataxic cerebral palsy is a rare form of this neurological condition that primarily affects balance and coordination, causing shaky movements and difficulty with fine motor skills.

Mixed Cerebral Palsy

Mixed cerebral palsy refers to a combination of different types of the disorder, typically spasticity and dyskinesia, resulting in a range of movement challenges and symptoms.

Treatment for Cerebral Palsy

Treatment for cerebral palsy focuses on improving an affected individual’s quality of life and maximizing independence through a combination of therapies, medications, and assistive technologies. 

Physical therapy helps enhance strength, mobility, and coordination, while occupational therapy supports daily living skills like dressing and eating. 

Speech therapy may address communication difficulties and swallowing issues. 

Medications such as muscle relaxants or injections like botulinum toxin can reduce muscle stiffness and spasms.

In some cases, surgical procedures may correct skeletal abnormalities or relieve severe spasticity. 

Assistive devices like braces, walkers, or wheelchairs can aid mobility, while communication aids help those with speech challenges. 

Early intervention is key to addressing developmental delays, and ongoing care often involves a multidisciplinary team. 

While cerebral palsy is not curable, tailored treatment plans can significantly improve function and overall well-being.

Getting Financial Support for Cerebral Palsy

Financial support for cerebral palsy through a lawsuit typically involves seeking compensation for cerebral medical malpractice or negligence that caused the condition. 

If a healthcare provider’s error during pregnancy, labor, or delivery resulted in cerebral palsy, families may be eligible to file a claim.

Compensation from a lawsuit can cover medical expenses, therapies, assistive devices, lost income, and future care needs. 

A successful claim often requires legal expertise, thorough medical records, and evidence proving the negligence directly caused the condition. 

Consulting an experienced birth injury attorney is crucial to navigating this process.

Our Law Firm’s Experience with Cerebral Palsy Birth Injury Cases

We’re a Chicago-based cerebral palsy law firm specializing in medical malpractice with extensive experience representing clients in birth injury cases.

We have successfully litigated numerous cases where patients suffered harm due to cerebral palsy originating from a birth injury, successfully securing compensation for medical expenses, lost wages, and your family’s pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Common Questions And Answers About Cerebral Palsy

1. What is cerebral palsy? 

Cerebral palsy is a group of neurological disorders that affect movement, muscle coordination, and posture, typically caused by brain damage or abnormal brain development before or during birth.

2. How do preventable birth injuries cause cerebral palsy?

Birth injuries can cause cerebral palsy cases by damaging the brain during labor and delivery, particularly if there is oxygen deprivation (asphyxia), trauma from prolonged or difficult delivery, or a lack of proper medical care. 

Oxygen deprivation can lead to brain cell damage, which disrupts the normal development of motor control and coordination. 

Physical trauma during delivery, such as the use of forceps or a prolonged, obstructed labor, and premature brain damage symptoms can also lead a brain injury. 

These injuries can result in the motor impairments associated with cerebral palsy, although the exact mechanism can vary.

3. Are birth injuries caused by medical malpractice?

Birth injuries can sometimes be caused by medical malpractice if a healthcare provider fails to meet the standard of care, leading to preventable harm. This can include errors like improper use of delivery instruments, failure to monitor the baby’s oxygen levels, or delayed response to complications during labor. 

However, not all birth injuries are due to malpractice, as some occur due to unavoidable factors during childbirth.

4. Can cerebral palsy birth injuries be caused by doctors?

Yes, cerebral palsy birth injuries can be caused by doctors if there is negligence during the pregnancy, labor, or delivery process. For example, if a doctor fails to properly monitor the baby’s oxygen levels, misuses delivery instruments, or does not respond in a timely manner to complications, it can lead to brain damage that results in cerebral palsy. 

In some cases, birth complications or medical errors, such as improper handling of a breech birth or failure to recognize signs of fetal distress, may contribute to the injury. 

That said, not all cases of cerebral palsy causes are the result of medical malpractice, as some are due to factors beyond the doctor’s control.

5. Can you sue if your newborn has a birth injury that leads to them developing cerebral palsy?

Yes, you can sue if your newborn has a birth injury that leads to cerebral palsy, provided there is evidence of medical malpractice or negligence. If a healthcare provider’s actions, such as failing to monitor the baby’s oxygen levels or improperly handling the delivery, directly caused the injury, you may be entitled to compensation. 

6. What kind of compensation can my family receive for a cerebral palsy birth injury?

You and your family may receive compensation for a cerebral palsy birth injury to cover medical expenses, including treatments, therapies, surgeries, and assistive devices. Compensation can also address future care costs, such as long-term support and specialized education or services. Additionally, families may receive damages for pain and suffering, lost wages, and the emotional toll of caring for a child with cerebral palsy.

7. How do lawyers prove a birth injury occurred?

Lawyers prove a birth injury occurred by gathering and analyzing medical records, including prenatal care, delivery notes, and post-birth examinations. Expert witnesses, such as obstetricians, neonatologists, and pediatric neurologists, are often consulted to review the case and testify about the standard of care and whether it was breached. 

The lawyer may also look for evidence of errors during labor, such as improper use of delivery tools or failure to monitor fetal distress or oxygen levels. 

Additionally, they may demonstrate that the injury directly caused the cerebral palsy by linking medical findings and expert opinions. The goal is to show that the injury was preventable and that the doctor’s negligence led to the child’s condition.

8. How long do you have to file a cerebral palsy birth injury claim?

The statute of limitations for filing a claim for cerebral palsy caused by a birth injury varies by jurisdiction but typically ranges from one to several years after the injury or from the date the injury was discovered or should have been discovered. 

In Illinois, you have 8 years from the date of the injury, or before the child’s 22nd birthday (whichever is later) to file a claim.

9. Can you file a cerebral palsy birth injury claim against a doctor?

Yes, you can file a claim against a doctor if their negligent actions or omissions during pregnancy, labor, or delivery contributed to a birth injury that lead to the child developing cerebral palsy.

10. Can you file a cerebral palsy birth injury claim against a hospital?

Yes, you can file a claim against a hospital if its negligence, such as inadequate staffing, failure to monitor fetal distress, or improper use of medical equipment, contributed to the child’s birth injury that led to them developing cerebral palsy.

11. Can you file a cerebral palsy birth injury claim against an emergency room?

Yes, you can file a claim against an emergency room if their negligent actions or failure to provide appropriate care during childbirth contributed to a birth injury that led to the child developing cerebral palsy.

12. Will a confirmation of cerebral palsy automatically lead to a valid legal claim against the health care provider?

A confirmation of a birth injury or diagnosis of cerebral palsy alone may not automatically lead to a valid legal claim against the healthcare provider, as it requires demonstrating that the condition resulted from the healthcare provider’s negligence or improper medical care during pregnancy, labor, or delivery. 

However, a confirmed diagnosis of cerebral palsy can be a critical piece of evidence in building a malpractice case if there is evidence of medical negligence contributing to the child’s condition.

13. What are the long term effects of cerebral palsy?

The long-term effects of cerebral palsy vary depending on the severity and type, but they often include lifelong challenges with movement, muscle coordination, and posture. Individuals may experience difficulties with balance, walking, and fine motor skills, and some may require assistive devices like wheelchairs or braces. 

Many people with cerebral palsy also face associated conditions, such as intellectual disabilities, speech or swallowing difficulties, vision and hearing impairments, and seizures. However, with appropriate therapy and support, many individuals with cerebral palsy can lead fulfilling lives, though they may require ongoing medical care and assistance.

14.  If my child dies as a result of a birth injury like cerebral palsy, will the malpractice claim die as well?

If a child dies as a result of a birth injury such as cerebral palsy, a malpractice claim may still proceed as a wrongful death lawsuit on behalf of the child’s estate and surviving family members, depending on the circumstances and applicable laws.

15. Does the state of Illinois apply any limits on cerebral palsy birth injury damages?

Illinois does not have statutory limits or caps on cerebral palsy birth injury damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.

16. How much compensation can I receive in a cerebral palsy birth injury lawsuit?

The amount of compensation you can receive for a birth injury in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars. Consulting with a qualified attorney who specializes in birth injury claims in your area can give you a better estimate based on the unique circumstances of your case.

17. Can you file a malpractice claim for a birth injury that leads to cerebral palsy?

Yes, you can file a medical malpractice claim for a birth injury causing cerebral palsy if you believe that the injury resulted from a healthcare provider’s negligence or errors during prenatal care, labor, or delivery. 

Filing a claim allows you to seek compensation for the damages incurred as a result, including medical expenses, pain and suffering, and other losses. 

It’s advisable to consult with a qualified attorney experienced in cerebral palsy birth injury cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Cerebral Palsy Birth Injury Claim In Chicago, Illinois

Do you think you have a cerebral palsy birth injury case based on medical negligence or error(s) that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers for a free evaluation today.