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

It’s true that all children develop differently, but a number of important milestones help doctors and parents gauge the overall progress of a child’s motor, cognitive and language development. For instance, most babies start cooing by 3 months of age and can roll over by 6 months. Delays in meeting these developmental milestones may point to a number of conditions, including cerebral palsy.

What is cerebral palsy? – Cerebral palsy is a term used to describe a group of movement disorders. There are different types of cerebral palsy, and these are generally categorized according to what side of the body is affected and whether the muscles are stiff or flaccid.

Additionally, the condition can range from mild to severe, though it does not worsen over time. There is no cure for cerebral palsy, and specific causes of the condition are largely unknown. However, it sometimes occurs as a result of medical negligence at birth.

To learn more about developmental milestones or if you’re concerned about your child’s development, check out  this chart at www.mychildwithoutlimits.org.

 

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Fertility experts, bioethicists and medical attorneys are speaking out against the doctors responsible for the octuplets recently born to a single woman in her 30s – One expert called it a “medical catastrophe” and another referred to it as professionally negligent.

The problem for medical and legal specialists is the inherent risk involved in carrying multiples. Not only does the mother face serious health risks such as seizures and gestational diabetes, but the babies also face great risks.

Multiple birth pregnancies almost inevitably result in preterm delivery, which puts the infants at a greater risk of cerebral palsy, developmental delays, respiratory problems and other health issues. Those risks increase with higher numbers of multiples.

So you can imagine that a professionally responsible doctor would be reluctant to transfer eight embryos to a woman’s womb after considering these risks. A doctor’s professional obligation is first to “do no harm,” which in the fertility community seems to translate into a more cautious approach to IVF transfer.  In fact, the accepted range of embryo transfer seems to hover between two and four per IVF cycle.

It is still unknown exactly how many embryos the woman received; nor is it known where her procedure was performed. Her doctor has yet to speak publicly on the issue. What is known, however, is that despite being born nearly nine weeks early, the woman’s octuplets seem to be doing well.

See also: What is Cerebral Palsy

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Good oral hygiene is particularly important for children with cerebral palsy, who often experience a range of dental issues. For instance, kids with cerebral palsy tend to suffer from the following:
 

• Poor dental alignment
• Dental erosion caused by gastroesophageal reflux and/or vomiting
• Gingivitis caused by certain medications, especially seizure drugs
• Damaging oral habits such as teeth grinding, regurgitation, compulsive eating of non-edible substances and pouching (holding food in the pocket between the teeth and cheek for prolonged periods)

Good Oral Hygiene Starts at Home

One of the best ways of preventing oral health problems is by practicing good oral hygiene at home. The following are a few tips for taking care of your child’s teeth at home:
 

• Make sure to brush your child’s teeth after every meal and each dose of medication, which almost always contain sugar.
• Use a toothpaste approved by the American Dental Association
• Support your child’s head while brushing, and be sure to give lots of praise
• Provide your child with a healthy, low-sugar diet
• Take your child in for regular teeth cleanings and evaluations

Finding a dentist who specializes in the care of special needs patient is not always easy, but it will make a significant difference in the level of care your child receives. Children with cerebral palsy tend to have special needs when it comes to dental care: Some kids may need to be treated under general anesthesia, and others who have severe gag reflex may require special dental radiographs. Also, there may be special considerations for fillings and bridgework.

The National Foundation of Dentistry for the Handicapped, the Special Care Dentistry Association and the Association of State and Territorial Dental Directors are all great resources for those needing to locate special dental services in their area.


 

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Parents of children with cerebral palsy may find valuable information and resources in EP Magazine (for Exceptional Parent). The monthly publication and website, eparent.com, are dedicated to supporting the special needs community with practical advice and emotional encouragement.

Families and individuals with special needs can go to the website for national disability news as well as information on:

 

• Educational policies, strategies and alternatives
• Financial strategies and planning
• Federal policy and advocacy
• Legal issues , such as trust creation
• Military family issues
• Mobility and technology
• Sports and recreation

 

Finding positive avenues for support and information is crucial for families dealing with cerebral palsy and other special needs, and this is one more resource we think is worth looking into.

 

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I was recently reviewing the types of cases that our cerebral palsy lawyers have investigated a large number of them are fetal distress cases.

Fetal Distress is when the heart rate of the baby lowers significantly during the labor and delivery process.  A significant number of our investigations involve looking into the medical records and looking to see if the records show a significant drop in heart rate or a substantial change in the baby's ability to recover from each contraction.

Fetal distress can indicate that the baby is not getting enough oxygen through the umbilical cord, which in turn can be the cause of some brain damage.

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The theme for this case seems to be "Delay".  That is a common theme in cerebral palsy medical malpractice cases.  Often this is because it is the delay that causes the oxygen deprivation to the brain.

This article states that this may be the largest verdict in Conn. history.

A Superior Court jury in Stamford has ordered a city obstetrician to pay $38.5 million to the family of a boy born with cerebral palsy in 2003.

The verdict is believed to be among the largest medical malpractice awards in the state, surpassing a $36.5 million award in 2005 against Hartford Hospital and an obstetrician.

The Stamford jury ruled Friday that Dr. Corinne De Cholnoky should have performed a Caesarean section more quickly during the 2003 delivery of Spencer Oram, whose umbilical cord was impeding blood flow to his brain.

Source:  Newsday.com


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This from an article in Ireland.  A settlement in a birth injury case involving a failure to properly electronically monitor the labor as is progressed.  The result was severe cerebral palsy.

Details were not disclosed except that it was substantial and the full amount claimed.

In a statement read out in court by Mrs Swaine on the couple's behalf, she criticised the hospital for the way they were treated both during and after the birth.

She said during her labour, which was induced, she and her husband had waited so long for the arrival of their first child and what should have been a joyous occasion "soon turned into the most tragic of our lives."

She said that during her labour, she and her husband told a nurse they felt something was wrong and they were "basically ignored".

Christopher, who was born on July 21, 2002, with severe cerebral palsy, had to be resuscitated after birth and spent a month in intensive care where the parents had to learn to feed him through a tube.

In the claim for damages, it was stated Mrs Swaine was admitted to the NMH, following previous admissions for monitoring during her pregnancy for hypertension.

She was overdue and was left on the ante-natal ward for 24 hours before she was given drugs to induce labour. The hospital administered doses of one drug in excess of appropriate guidelines while there was also a failure to establish the well-being of the baby before administering another drug, it was claimed.

There was also a failure to carry out proper electronic monitoring of the baby and there was no appropriate investigation of Mrs Swaine's complaints, it was claimed.

The child was born with severe physical and intellectual disabilities, including recurring respiratory problems and would have been, had he survived, unable to sit or walk independently.

On November 23, 2002, he died from breathing complications as a result of the injuries sustained by him during the course of his birth, it was claimed.

Source: Independent.ie
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We had a case similar to this a few years ago.  The case we were involved with here in the United States where the second twin was delayed in his delivery resulting in a lack of oxygen and some fetal distress.

This article out of the UK:

A judge sitting at the High Court in London has awarded a boy who suffered brain damage after he was born nearly an hour after his healthy twin brother 2.4m(pounds) agreed damages.

Source:  HospitalHealthcare.com Tweet this

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Here is an updated version of a previous post I made concerning Ataxic Cerebral Palsy and some really good sources on the net.

University of Virginia Health Center: Tutorial for Cerebral Palsy

BBC Health

Cerebral Palsy Guide for Care: duPont Hospital for Children\ Tweet this

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"Hope I inspire other disabled people to engage in their life term ambitions."

This man has used technology to allow him to be a DJ.  His hands have limited dexterity so he types with his nose.

It shows how he uses the computer to make the mix.




In this video, I explain how I use my PC to enable me to be a DJ. As I'm disabled, I am unable to physically use real decks and mixers, etc.
I would like to dedicate this video to ellaskins, as he requsted me to do a video like this, and also inspired me to keep at DJ'ing.
Also, sorry about the sound quality.....
Feel free to contact me if you would like to know anything (my email/etc are on my profile)

http://www.dj.pedster.co.uk/
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I am constantly amazed at what Youtube has done to the Internet and to conversations about different subjects.  It is not just a platform for watching home movies of dogs doing flips, cats caught in bags or a place to place advertisements to run elsewhere in the web.

It is also a place where people can Vlog or V-Blog (whatever you want to call it).  A V-Blog is a Video Blog.  So instead of maintaining a blog like we do here by typing, you can create a video entry and "post" your thoughts.  Here's a guy (John) posting his first video in order to start a conversation and talk about himself.  He happens to have cerebral palsy but that is only part of what he wants to blog about.

Link to his YouTube Home page, Pontificating Palsy


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So how do you know if a child has cerebral palsy?  How is that diagnosis reached?

    Generally you look for abnormal observations and abnormal imaging results.

    Are you noticing trouble walking, gripping or talking?  If so then start asking around and doing some more in depth research.  Talk to your pediatrician.

Here's an article about spastic cerebral palsy and one family's story about getting a diagnosis of cerebral palsy. -- The article is at the "Cerebral Palsy Symptoms" Blog

Back in 2005 I posted about the common symptoms of cerebral palsy.

Diagnosing Cerebral Palsy

and

How do you diagnose Cerebral Palsy
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Occasionally I will post about a cerebral palsy settlement.  I don't do it all that often, but two articles today. One from Australia  and one from the UK that I also wanted to post.  Why?  Well, I merely wanted to raise awareness that cerebral palsy lawsuits or settlements or whatever are not just an American creation.  They happen all over the world.  The legal systems just deal with them differently.

This settlement from the UK. 

Court awards £5m to brain-damaged boy

This one from Australia

Hospital Admits to Drug Folly


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There are any number of possible reasons why someone has cerebral palsy. I am going to post over the next few days and cover some of these reasons.

Infection -- When an infection reaches the baby while still in utero, it can cause cerebral palsy. Two that we have seen are toxoplasmosis and chorioamnionitis

Infections can cause brain damage in the developing child.

When we investigate a cerebral palsy case involving Chorioamnionitis we are looking to see if there has been a delay in discovering the infection or a mistake in treating the infection.

I think that malpractice cases where you try to prove that the medical facility or doctor caused the infection are very difficult to prove and in most cases should not be pursued. BUT when a person presents to the hospital with all the symptoms of an infection and those symptoms are missed or mistreated, then you should investigate.

Bottom Line: Infection can cause Cerebral Palsy, but it is not always a malpractice case.

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The term spastic is used to describe muscle tone that is tight or stiff. The muscle is basically always contracting. Spasticity causes difficulty moving. Often the movements are jerky. Spastic Cerebral Palsy is the most common type of CP. About half of all people with CP have spastic CP.

There are a couple of types of spastic CP, these refer to the parts of the body that are affected: They are Spastic Diplegia, Spastic Hemiplegia and Spastic Quadriplegia.

With Spastic Diplegia it is the legs that are affected. One common result is something called scissoring. This is when the muscles in the legs are so tight that the knees may turn in and cross.

Spastic Hemiparesis is when the spasticity is limited to one side of the body or another. So one leg and one arm are affected (right or left side). Individuals with spastic hemiparesis may also experience hemiparetic tremors, in which uncontrollable shaking affects the limbs on one side of the body. If these tremors are severe, they can seriously impair movement.

Spastic Quadriplegia is the term given to describe spasticity of all 4 limbs. Of the three this is the most severe because it involves so much of the body.

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