Cerebral Palsy Law Blog : Cerebral Palsy Lawyer & Attorney : Burke & Eisner Law Firm : Medical Malpractice Lawyers & Attorneys

An issue that doesn’t receive a lot of attention in the medical and legal communities (but should) is the treatment of women who are incarcerated while pregnant. Proper care of these women during their pregnancy and delivery is crucial to the health of both the mother and her newborn child. However, an unfortunate reality is that incarcerated moms do not always receive the medical care they need and deserve.

In fact, medical neglect is not uncommon in America’s jails and prisons. And for pregnant women and their babies, the following practices can have dire consequences:

• Shackling during medical appointments, labor and delivery
• Delayed care during a medical emergency
• Delayed transportation to a hospital
• Not responding to patient/inmate complaints

In cases involving fetal distress, for instance, immediate care is necessary to ensure the baby receives adequate oxygen supply. Any delays can result in oxygen deprivation, which can lead to brain damage and conditions like cerebral palsy.

Some states have already enacted legislation for a more humane treatment of pregnant women behind bars, but all states need to make sure that the rights of unborn babies are protected. To learn more about how this issue is treated in your state, you should contact your local representative.

If you were incarcerated during your pregnancy and your baby was diagnosed with cerebral palsy, it may be in your best interest to talk to a medical lawyer about the circumstances surrounding your child’s birth.



 

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Your child has been diagnosed with cerebral palsy – the first and most obvious question you want to ask your doctor is “what is cerebral palsy?” The answer is rather broad, considering that cerebral palsy is a single term used to define a group of movement disorders. To get a better understanding of your child’s condition, ask your doctor the following:
 

What type of cerebral palsy does my child have? There are several types of cerebral palsy, including spastic, ataxic, athetoid and mixed. Knowing what type of cerebral palsy your child has will help you to better understand how to help him/her.

What are the possible treatment options? Each child’s treatment plan should be tailored to his/her individual needs, but your doctor may recommend anything from physical therapy to surgery.

Will my child’s condition improve? Cerebral palsy is not a progressive condition, meaning it will not worsen over time. However, various treatments may help to improve certain aspects of movement.

Does my child need to take medication? The answer to this question may depend on whether your child has associated conditions such as seizures.

What is the prognosis? There is no cure for cerebral palsy, but your doctor can discuss with you ways in which you can help to improve your child’s quality of life.

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It’s natural for parents to feel a range of emotions when their child is diagnosed with a developmental disability like cerebral palsy, particularly in cases where the disability could have been prevented with proper medical care. Dealing with these emotions is not always easy, and many parents find they could use a little help.

Louise Gane from the M.I.N.D. Institute at the University of California at Davis recently did an interview with Disability Scoop on the topic of dealing with a diagnosis. She answers a few basic questions about coping with a diagnosis of developmental disability in a child and parents can even submit their own questions for her to answer.

Read the full interview at DisabilityScoop.com

 

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There are perhaps no greater advocates for children who have received a cerebral palsy diagnosis than their parents. Two significant ways parents can help their children are through:

Activism – raising disability and CP awareness; and
Public policy – understanding how it affects children with disabilities such as cerebral palsy and advocating for change where needed.

Where to Get Started
United Cerebral Palsy is a national organization with local affiliates across the country dedicated to promoting change and progress for individuals living with disability. UCP is a great place for parents who are looking to get involved in activism and public policy to start.

The UCP website features a Public Policy Action Center, with information on advocacy campaigns, and a Public Policy Calendar for those interested in staying current. In addition, the UCP blog posts weekly policy updates.

Another helpful resource for parents who want to get more involved is JFActivist, which is a blog on public policy by two groups: the American Association of People with Disabilities and Justice for All. The blog provides information on current affairs, important issues, opportunities for action and much more.

All of these sites are good starting points for parents who wish to be the best advocates they can be for their cerebral palsy child.

 

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Cerebral palsy is a congenital disorder which affects muscle tone, motor skills and movement, and can lead to learning disabilities as well as difficulty with hearing, vision, and speech.  The disorder is most often caused by a brain injury sustained before or during childbirth, and can quite often be attributed to medical malpractice.  Sometimes diagnosis is made shortly after birth, but it’s not always obvious right away.  That’s why it’s so important for parents to be able to recognize cerebral palsy symptoms in their child early, so that treatment can be sought and justice can be served.

Signs that your child may suffer from Cerebral Palsy vary in severity and can include:

• Delay in normal development (such as an infant not reaching for toys or sitting up at the appropriate milestones)
• Difficulty with fine motor skills (such as writing or using a pair of scissors)
• Inability to maintain balance while standing or walking
• Involuntary movements (such as uncontrollable hand motions or drooling

Medical malpractice comes into play in many of these cases because CP is often caused when a doctor makes a critical error before or during childbirth.  

If you recognize one or more of these cerebral palsy symptoms in your child, discuss your concerns with your pediatrician.  And if by chance the diagnosis is positive, seek the advice of a medical attorney right away.
 

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