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

Each year thousands of innocent people are diagnosed with cerebral palsy. However, many may not be familiar with this disability that affects so many and has been the subject of so many medical malpractice lawsuits in the United States.

The term "cerebral palsy" can actually be used to refer to a number of neurological disorders. These disorders become evident in infancy or early childhood and they can have a life-altering affect on how the body moves and brain functions. Cerebral pals is caused by an irregular function in the section of the brain that controls muscle movements.
 
A majority of the children that are born with cerebral palsy are not diagnosed until a few years after they begin to grow and develop. Though in some cases, this disability is detected at birth and can even be caused by medical mistakes during the pregnancy or delivery of the child. Some common signs of cerebral palsy are: 

•  Lack of muscle coordination
• Stiff or tight muscles
• Walking with one foot or leg dragging 

How Can Cerebral Palsy be Treated?

Although no cure has been found for cerebral palsy, researchers have discovered various treatments that can help improve a child's capabilities when they are living with the disability. If the disability is managed properly, there is a good chance that the child can enjoy normal activities well into their adult lives. But this various depending on the severity of the case. Some treatments that have proven to be successful for cerebral palsy patients are physical and occupational therapy and speech therapy, and medications to help control muscle spasms and ease pain.

How to Get Help If Your Child Is Born with Cerebral Palsy

If you have a loved one who is living with cerebral palsy there are many doctors and therapists that can help him or her with treatments and offer you and your family support. Cerebral palsy is a difficult disability for those who have and for those who are directly affected. But through support groups, treatments, and medical care you and your loved ones can rest assured that you are getting the proper care. 

If you believe that your loved one was born with, or developed, cerebral palsy as the result of a medical mistake there are also cerebral palsy attorneys who can assist you. Cerebral palsy attorneys specialize in cerebral palsy medical malpractice cases and can get you and your family the compensation you deserve for any wrongdoing. 
 

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Evidence has shown that magnesium sulfate – a common compound found in Epsom salt, for example – reduces the risk of cerebral palsy in preterm babies. However, there is still some debate as to whether magnesium sulfate should be administered for this purpose.
 

In the current issue of the American Journal of Obstetrics & Gynecology are several articles that shed light on the debate. One article concludes that persuasive evidence exists for the use of magnesium sulfate in women at high risk of delivering prior to 34 weeks gestation. Another article lists the pros and cons of using magnesium sulfate for cerebral palsy prevention, and also discusses the strengths and weaknesses of existing studies. The last article offers one physician’s clinical opinion that the compound has the potential to prevent 1,000 cases of cerebral palsy in the United States each year.  

What is cerebral palsy? Cerebral palsy is a chronic motor disability that is diagnosed in thousands of infants and children annually. There is no cure for cerebral palsy and the estimated lifetime cost of treating the condition in an individual is approximately $1 million. If you think your child’s cerebral palsy was caused by medical negligence, you may be entitled to compensation and you may wish to have a medical attorney evaluate your case.

 

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The Agency for Healthcare Research and Quality (AHRQ) recently released new data on the rate of birth injury in the United States and found that overall the numbers are declining. However, there were still almost 158,000 preventable injuries to mothers and their newborns in 2006 (the most recent year data was available).
 

Birth injuries range from minor bruises and scrapes to brain damage, cerebral palsy, Erb’s palsy and other more serious conditions. According to the AHRQ report, birth injuries were highest among:

• infants born in rural areas
• infants born in the Northeast
• Caucasian infants
• Infants covered by Medicaid as opposed to private insurance

Though not all birth injuries are preventable, some are caused by medical negligence on the part of a doctor, nurse, physician assistant or other healthcare professional. To learn more about birth injuries that may be caused by medical negligence, check out the articles on our site entitled What is cerebral palsy? and Erb’s Palsy.

 

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It has been several months since President Barack Obama took office, and there have been a number of changes in disability policy since that time. Perhaps one of the most significant changes has been the repeal of Bush Administration restrictions on stem cell research. However, there are others including:
 

*The signing of the Christopher and Dana Reeve Paralysis Act, which is aimed at improving the lives of Americans living with paralysis
 

*The signing of the American Recovery and Reinvestment Act, which provides funding for state Medicaid programs, vocational rehabilitation services, IDEA (Individuals with Disabilities Education Act) and the Social Security Administration (specifically to help reduce its disability application backlog)
 

*The appointment of Kareem Dale as the first Special Assistant to the President for Disability Policy

Disability policy in the United States affects the more than 50 million people who are currently living with disabilities such as cerebral palsy (watch our what is cerebral palsy video), multiple sclerosis, autism, Down syndrome and paraplegia. If you are interested in learning more about Obama’s disability policy, check out the new White House website.  

 

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Sometimes one of the greatest challenges of caring for a special needs child is finding the right team of medical professionals. However, there are a number of resources available to help parents of cerebral palsy children find the right doctors for their special needs.
 

The American Academy for Cerebral Palsy and Developmental Medicine is one such resource. The group’s website is primarily dedicated to providing information to healthcare providers in the area of childhood-onset disabilities such as cerebral palsy. But it has recently added a new section to its website for patients and families. This section provides several features, including a listing of family events and websites of interest. It also provides a directory of medical professionals, so parents and patients can look up physicians according to specialty – for instance, pediatric neurology or developmental pediatrics.
 

Read more about what is cerebral palsy or visit the AACPDM website.

 

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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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Palsy is a term that generally refers to paralysis of some sort. There are several different types of palsy, two of which are sometimes caused by medical malpractice. These two types of palsy are cerebral palsy and Erb’s palsy.

What is cerebral palsy? Thousands of babies are born each year with cerebral palsy, which is actually not a single condition but rather a group of disorders that affect muscle movement and coordination. The precise diagnosis depends on the areas of the body that are affected and how they are affected, but the different types of cerebral palsy include:

• Spastic
• Athetoid
• Ataxic
• Mixed

Cerebral palsy is sometimes accompanied by seizures, mental retardation, vision problems and other health issues. Though it is not a progressive condition (meaning it does not worsen over time), cerebral palsy does not have a cure. Consequently, doctors primarily aim to manage the symptoms with physical therapy, orthopedic devices, occupational therapy and other innovative treatments.

What is Erb’s palsy? Erb’s palsy is a type of injury to the brachial plexus, which is a group of nerves that run from the neck down the arm and into the hand. Brachial plexus injuries often occur during difficult deliveries – for instance, when an infant’s shoulders have to be forced out of the birth canal. In such cases, a nerve in the brachial plexus can be stretched or torn and this may result in paralysis of the upper arm, both the upper and lower arm, or the hand.

Brachial plexus injuries like Erb’s palsy sometimes heal on their own. However, in severe cases, surgery is required for a full recovery. In other cases, the damage may be permanent.

It’s best to seek the expert advice of a medical malpractice attorney if you think negligence caused your child to develop Erb’s or cerebral palsy after birth. A medical lawyer can determine whether you’re eligible for compensation.





 

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Cerebral palsy is the fourth leading cause of paralysis in the United States, according to a new report by the Christopher and Dana Reeve Foundation. The report estimated that about 412,000 of the more than five million cases of paralysis in the U.S. are due to cerebral palsy.

What is cerebral palsy? Cerebral palsy is a movement disorder that can cause spasticity, paralysis or limpness in the arms and legs – sometimes the condition only affects one side or half of the body, and other times it affects all limbs.

Cerebral palsy is generally caused by brain damage and is diagnosed in thousands of infants and children each year. As with spinal cord injuries, there is no cure for cerebral palsy. However, extensive research efforts are being made to change this.

The top three causes of paralysis include stroke, spinal cord injury (which Christopher Reeve suffered) and multiple sclerosis. Additional causes include traumatic brain injury and birth defects.


 

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Children with cerebral palsy sometimes require special accommodations, and many parents wonder how they can accommodate their child in the car. A new blog post by United Cerebral Palsy addresses this issue and provides a number of helpful resources, including:

• The American Academy of Pediatrics
• The Automotive Safety Program
• Easter Seals/Goodwill of Central Ohio

Go to the UCP blog, or learn more about Cerebral Palsy by checking out our ‘What is Cerebral Palsy’ page.

 

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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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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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Cerebral palsy is one of the most common developmental disabilities diagnosed each year in the United States, yet there are a number of misconceptions about the condition. Below are some interesting facts regarding what cerebral palsy is, what causes it and its costs, among other things…

There are currently close to a million children and adults living with cerebral palsy in the United States.
 

Cerebral palsy is not a disease, nor is it a single disorder. The term cerebral palsy actually refers to a group of disorders that affect movement.
 

Three-quarters of people who are affected by cerebral palsy also have one or more additional disabilities such as autism, mental retardation, epilepsy and severe visual impairment.
 

The causes of cerebral palsy are largely unknown, but risk factors include low birth weight and premature birth. A small percentage of cerebral palsy cases are caused by lack of oxygen during birth, which is often preventable.
 

Research seems to suggest that the rates of cerebral palsy in the U.S. are increasing. Statistically, cerebral palsy was once estimated to affect 1 to 2 in 1,000 babies annually – the Centers for Disease Control and Prevention now estimates cerebral palsy to affect about 3 in 1,000.
 

A person with cerebral palsy will spend over $1.5 million more than the average U.S. citizen over the course of his/her lifetime because of medical costs, prescriptions, special equipment and other such necessaries.
 

There is currently no cure for cerebral palsy, but various treatments and assistive technologies can improve the daily lives of those affected by the condition.



 

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There is a common misconception that cerebral palsy is a single disorder, but it’s actually a group of disorders. Understanding exactly what cerebral palsy is – the different types and their symptoms – can help families to better help their loved ones. Listed below are five excellent resources that provide detailed answers to the question ‘What is cerebral palsy?’

National Institute of Neurological Disorders and Stroke (NINDS) – The Cerebral Palsy Information Page describes cerebral palsy, as well as its treatment and prognosis. Also provided is information on research and clinical trials.

Centers for Disease Control and Prevention (CDC) – The site’s page on cerebral palsy not only discusses what cerebral palsy is, but also addresses specific topics such as prevention, awareness and additional resources.

United Cerebral Palsy (UCP) – This site features a page entitled Cerebral Palsy Facts & Figures, which answers the question ‘What is cerebral palsy’ and then provides information regarding the history of the condition, its causes, effects and symptoms.

The March of Dimes – This site offers a Quick Reference Fact Sheet on cerebral palsy, which provides basic information on the prevalence of cerebral palsy, as well as the different types, causes and treatment of the condition.

MedlinePlus – This site is a service of the National Institutes of Health and it offers a brief description of what cerebral palsy is and also provides links to news, articles and more comprehensive resources.




 

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