Can Cerebral Palsy Be Caused by Birth Injury?

Yes, cerebral palsy may be caused by a birth injury. A birth injury lawyer in Colorado can investigate to determine if your child was injured due to medical negligence during childbirth and whether you and your family are entitled to compensation.

A cerebral palsy birth injury is extremely serious, as it can have a major impact on your child’s development and the overall course of their life. The Denver birth injury lawyers at Burg Simpson have the knowledge, skill, and experience to assert your family’s legal rights and recover the damages to which you are entitled.

Call Burg Simpson at 303-792-5595 today for a FREE and confidential case evaluation. We understand the profound impact of cerebral palsy and other birth injuries, and our lawyers serve clients in Denver, Englewood, and all of Colorado.

What Is Cerebral Palsy?

Before exploring the potential causes of cerebral palsy, it is important to understand what cerebral palsy (or CP) actually is. CP is the overarching term for a number of neurological conditions that affect mobility, coordination, posture, and muscle tone. According to Johns Hopkins, it is the most common physical disability in childhood.

Cerebral palsy is typically diagnosed in infancy (before the 1st birthday) or when the child is a toddler (between the ages of 1 and 3 years old). Symptoms in these early years may include:

• Abnormalities in muscle tone, such as excess stiffness, floppy muscles, etc.
• Uncontrollable movements of the limbs and, in some cases, the face and mouth
• Failure to meet developmental milestones such as raising the head, rolling over, crawling, walking, etc.
• Mobility challenges, such as difficulty walking or favoring one side of the body

People with cerebral palsy may also suffer from issues such as difficulty speaking and eating, intellectual and learning disabilities, visual and hearing impairment, seizures, and behavioral problems. The type of symptoms and their severity can vary significantly.

What Is Cerebral Palsy Caused By?

Cerebral palsy is generally caused by brain damage sustained prior to birth, during labor or delivery, or shortly after being born. This may be the result of genetics, as well as factors such as injury to the brain, oxygen deprivation, bleeding in the brain, or developmental abnormalities.

The root cause of CP can be difficult to establish definitively. If you suspect medical negligence was a factor, a birth injury lawyer in Colorado can prepare a strong case by thoroughly reviewing the medical records and enlisting the appropriate experts.

Potential causes of cerebral palsy birth injury include:

• Physical injuries from medical equipment: The use of forceps and vacuum extraction devices can cause bleeding in the brain, skull fractures, and other complications.
• Oxygen deprivation: A baby may be deprived of oxygen during childbirth as a result of prolonged labor, compression of the umbilical cord, maternal blood loss, abnormal presentation within the birth canal (breech birth, for example), and more.
• Low birth weight: Babies who weigh less than 5 pounds, 8 ounces (or less) at birth are at risk for cerebral palsy, according to the CDC.
• Premature birth: A baby who is born prematurely (i.e., before week 37 of the pregnancy) may be more likely to have cerebral palsy.
• Maternal infections during pregnancy: Infections associated with a higher incidence of cerebral palsy include:
  • Chickenpox
  • Rubella
  • Herpes and cytomegalovirus
  • Toxoplasmosis
  • Syphilis
• Prolonged labor: Labor is considered prolonged if the baby is not delivered within 20 hours of when contractions start. This can lead to complications such as:
  • Fetal distress; characterized by an abnormal heart rate (too fast or too slow), reduced or lack of movement, and the presence of meconium in the amniotic fluid
  • Asphyxia
  • Intracranial hemorrhage
  • Greater risk of infection
• Fetal stroke: Potential causes of fetal strokes include congenital heart disease and blood clotting disorders. They may also occur as a result of infections passed from the mother, as well as conditions like preeclampsia and gestational diabetes. Birth asphyxia and trauma are also associated with an increased risk of fetal stroke.
• Untreated jaundice: Some babies are born with jaundice (a yellowing of the skin and eyes) because their blood contains excess levels of a compound called bilirubin. In rare cases, jaundice that goes untreated can lead to a condition known as kernicterus. Kernicterus may cause damage to the baby’s brain.

Newborn babies may also develop cerebral palsy as a result of physical injuries, infections, lack of oxygen, or neonatal stroke after they are born. Misdiagnosis or failure to diagnose these conditions may be grounds for legal action.

Can Trauma During Pregnancy Cause Cerebral Palsy?

85% to 90% of cerebral palsy cases are classified as congenital. In other words, they are caused by brain damage or abnormal development of the brain either during pregnancy or childbirth.

According to research published in the journal JAMA Pediatrics, traumatic injury to the mother during pregnancy increases the risk of cerebral palsy by one-third. More serious injuries (i.e., injuries that require the mother to be hospitalized) and injuries close to the end of pregnancy (i.e., trauma suffered within 1 week of delivery) present the highest risk of a child being born with CP.

What Medical Mistakes Cause Cerebral Palsy?

First and foremost, it is important to note that a mistake by medical practitioners is not always the same as medical malpractice. Medical malpractice is the failure to provide the expected level of care to a patient—in the case of a birth injury, this could be the baby and/or the mother.

Potential errors that may lead to cerebral palsy (and for which a doctor and other providers may be liable) include:

• Failure to diagnose and treat maternal infections during pregnancy
• Negligent monitoring of mother and baby during childbirth
• Failure to administer an epidural in a timely fashion
• Delays in performing a C-section
• Failure to detect placental abruption, uterine rupture, and other severe complications during labor
• Misuse of forceps or vacuum extraction devices
• Errors in maneuvering a baby stuck in the birth canal

When your child was born, you had the highest hopes for their health and their future. Medical errors like the ones above have dashed the hopes and dreams of far too many families. A birth injury attorney in Colorado can help you pursue just compensation if your child developed cerebral palsy as a result of medical malpractice.

Contact a Cerebral Palsy Birth Injury Lawyer Today

For more than 45 years, Burg Simpson has been passionately advocating for those who have been harmed due to the negligence of others. We have received multiple awards from elite organizations and top publications for representing plaintiffs in medical malpractice matters.

Medical malpractice claims are highly complex. Cases involving birth injury are especially difficult because the signs of cerebral palsy and other conditions often go unnoticed until several months or even years after a child is born. This can leave parents feeling uncertain of their legal rights, in addition to being overwhelmed by the struggles their child is facing.

You should be able to focus on your child’s health and development, not the challenges of the legal system. At Burg Simpson, we are Good Lawyers. Changing Lives.® We provide individualized support for our clients in their time of need while aggressively pursuing maximum compensation on their behalf.

Contact Burg Simpson for a FREE case evaluation if your child has been diagnosed with a cerebral palsy birth injury and you believe a medical professional may have been at fault. Our birth injury attorneys serve clients throughout Colorado from our office in the Denver metro area.