Philadelphia Cerebral Palsy Lawyers

Cerebral Palsy is the most common motor disability in childhood and affects more than 764,000 children and adults across the United States. Every year, 10,000 babies that are born will develop cerebral palsy, which sadly is incurable. Since there is no cure for cerebral palsy, babies that are affected will need a lifetime of care, therapy, and rehabilitation in order to learn to deal with the complexities of modern life. Through early intervention services, however, children with cerebral palsy can lead a more typical and improved quality of life.

Cerebral palsy refers to a collection of neurological disorders that affect a variety of body functions, including coordination, muscle control, cognitive function and balance. While cerebral palsy can be caused by genetics or maternal infections, it is often caused by a birth injury that is the result of medical negligence. Our Philadelphia cerebral palsy attorneys at Golomb Legalhave recovered millions of dollars in verdicts and settlements for parents of children who suffered birth injuries, including cerebral palsy, as a result of medical negligence.

Types of Cerebral Palsy

There is no single recognized classification system for the various types of cerebral palsy, but cerebral palsy is often broadly categorized in one of three ways based on the condition's impact to motor function:

• Athetoid or Dyskinetic Cerebral Palsy: uncontrolled, slow, involuntary movements, and general lack of coordination characterize this type of cerebral palsy.
• Ataxic Cerebral Palsy: this type of cerebral palsy is categorized by poor coordination, balance, and depth perception.
• Spastic Cerebral Palsy: this type of cerebral palsy is categorized by muscle stiffness, lack of limb control, permanent stiffness, and exaggerated reflexes.

Causes of Cerebral Palsy

Cerebral palsy is caused by brain damage that may be the result of lack of oxygen, infection or bleeding in the brain. While cerebral palsy can develop during pregnancy, it is sometimes the result of medical malpractice. Lack of oxygen during labor and delivery, and physical trauma during childbirth are the most common causes of cerebral palsy in medical malpractice lawsuits. OBGYN errors, medication errors, delay in diagnosing fetal distress, inadequate monitoring, and failure to perform C-section promptly can all result in a baby being deprived of oxygen and developing cerebral palsy later in life.

Effects of Cerebral Palsy

A child who has cerebral palsy may exhibit one or more of the following effects:

• Muscle tightness or spasticity
• Difficulty walking
• Disturbance in gait
• Mobility issues
• Involuntary movements
• Difficulty swallowing
• Trouble speaking
• Difficulty feeding
• Impairment of sight, hearing, or speech
• Seizures
• Intellectual disabilities
• Learning disabilities
• Respiratory issues
• Skin disorders
• Difficulty with bladder and bowel control

Financial Impact of Cerebral Palsy

It is estimated that the lifetime costs of caring for a child with cerebral palsy is in the millions of dollars. This does not include indirect costs, such as disability equipment, lost wages for parents who must now care for their child, and rising insurance premiums. Children who exhibit learning difficulties and intellectual difficulties, along with their cerebral palsy will incur the highest medical costs.

Cerebral palsy often necessitates lifelong management and care, which may include medication, and physical and cognitive therapy. Depending on the severity of their cerebral palsy, some children will require costly wheelchairs, disability equipment, and medications to control their seizures. Many will require frequent hospitalizations and follow-up doctor’s visits, as well as daily therapy and specialized care.

AT WHAT AGE CAN CEREBRAL PALSY BE DIAGNOSED?

Medical malpractice that leads to a birth injury, which in turn causes cerebral palsy in an infant, should be entirely preventable. In such cases, the child and their family should be provided full necessary compensation from the negligent party, whether it is paid out by a hospital group or insurance company. However, before any claim can be made and validated, the child’s cerebral palsy needs to be diagnosed, and when that diagnosis occurs can also play a part in how the claim pans out.

HOW SOON CAN CEREBRAL PALSY BE DIAGNOSED?

A complication of cerebral palsy cases is that it cannot be easily diagnosed or seen at a glance. Detection often depends heavily on the suspicion that something might be wrong and the approval of a doctor to run tests. The varying circumstances makes the diagnosis window for cerebral palsy relatively wide.

In some cases, if it is quite noticeable that a doctor’s negligence caused a birth injury, a diagnosis might be possible through testing soon after birth. When cerebral palsy has not caused significant development issues, it could be up to five years before parents are given reason to suspect that something could be unusual with their child. Although, there is a noticeable majority of cerebral palsy diagnoses around or soon after a child’s second birthday.

FILING A BIRTH INJURY CLAIM FOR COMPENSATION

There is a pervading concern among parents that they will not be able to seek compensation if their child is not diagnosed with cerebral palsy until several years of their birth. After all, Pennsylvania has a two-year statute of limitations on personal injury claims. Would it not be too late to file a claim if your child’s cerebral palsy was not diagnosed until they were three or older? Thankfully, no.

Pennsylvania’s statute of limitations begins once an injury, illness, or condition becomes known. Parents can file a birth injury claim against a negligent medical team up to two years after their child’s cerebral palsy is diagnosed. Our Philadelphia birth injury lawyers at Golomb Legalrecommend taking legal action sooner than later when so much is on the line.