When your baby or toddler is diagnosed with cerebral palsy, you may be stressed, overwhelmed, and unsure of what to do. You may also be wondering how exactly this happened – and if anything could have been done to avoid this outcome.
Cerebral palsy is a lifelong condition that does not have a cure. It is caused by damage to the developing brain. This damage may be related to genetic factors, infections, brain trauma, or other factors. In some cases, it is caused by medical negligence, including failure to monitor for signs of fetal distress, improper use of delivery tools, and delays in diagnosing and treating prenatal conditions.
If your child has been diagnosed with cerebral palsy related to medical negligence, we can help. BILA is a team of Canadian cerebral palsy lawyers who are dedicated to advocating for children and families who have suffered preventable birth injuries. Reach out today to schedule a free consultation with a birth injury lawyer in your province.
What Causes Cerebral Palsy?
The primary cause of cerebral palsy is damage or irregular brain development that occurs during pregnancy, at birth, or shortly after birth. The cause of this damage is not always known.
However, there are many known causes of CP. This includes:
- Genetic changes that affect brain development. According to one study, approximately 14% of all cases of CP are linked to a person’s genes that impact how brain circuits are wired during early development.
- Maternal infections that cause damage to a developing brain. These infections may include:
- Cytomegalovirus, which causes flu-like symptoms and is associated with birth defects
- Rubella, a viral infection
- Herpes, which can be passed from mother to child during pregnancy
- Syphilis
- Zika virus, which is spread through mosquito bites and
- Toxoplasmosis, which is a parasitic infection
- Exposure to certain toxins
- Intrauterine infections, such as infections of the placenta or fetal membranes
- Certain other medical conditions such as preeclampsia, seizures, and thyroid conditions
- Infant infections that cause swelling of the brain. This may include bacterial meningitis and viral encephalitis.
- Severe or untreated jaundice
- Stroke, which is associated with oxygen deprivation to the brain
- Brain hemorrhage, or bleeding in the brain in utero or as a newborn.
- Traumatic brain injury to a baby that can occur during labour and delivery (such as from improper use of forceps or vacuum), or during the first few years of life (such as from a fall or a car accident).
- Birth asphyxia, or a lack of oxygen to the brain during labour and delivery. This can be caused by a premature detachment of the placenta (placental abruption), a pinched umbilical cord, a ruptured uterus, or a birth injury that restricts blood flow and causes brain damage due to oxygen deprivation.
There are also certain risk factors for cerebral palsy. This includes premature birth – before the 37th week of pregnancy – and low birth weight. In particular, infants born before 32 weeks of gestation and those who weigh less than 3 pounds, 5 ounces at birth are at particularly high risk of CP.
When diagnosing CP, doctors use imaging tests such as MRIs, CT scans, and cranial ultrasounds, to determine areas of damage to the brain or irregular brain development. These tests can help determine the cause of cerebral palsy.
Can CP Be Caused By Medical Negligence?
As noted above, there are many potential causes of cerebral palsy. Some of these causes – such as genetic differences – cannot be eliminated or avoided. However, in some cases, CP is caused by errors or negligence by healthcare professionals during pregnancy, labour and delivery, or after birth.
Cerebral palsy is not always caused by medical negligence. Certain types of medical negligence are associated with CP. This includes:
- Failure to diagnose and/or properly treat maternal or infant infections
- Improper use of forceps or vacuum extractors during the birthing process
- Failure to detect fetal distress (improper fetal monitoring)
- Failure to intervene and perform a c-section during prolonged labour or in an emergency
In addition, if a baby does suffer a birth injury – such as birth asphyxia – then medical professionals must take proper steps to treat it to reduce the risk of conditions like CP. For example, if a baby is deprived of oxygen during labour and delivery, they may develop hypoxic ischemic encephalopathy (HIE), which is linked to CP. Immediate cooling treatment can prevent brain damage from spreading and potentially avoid a CP diagnosis.
Worried that Your Child’s CP Was Caused By Medical Negligence? The Birth Injury Lawyers Alliance Is Here for You.
When you go to the doctor, you expect them to properly diagnose and treat you. Unfortunately, that is not always the case. Even the most dedicated and diligent medical professionals can make errors. When these mistakes occur during pregnancy, labour and delivery, and the first hours and days of a baby’s life, they can cause serious birth injuries like cerebral palsy.
If you believe that your baby may have suffered a preventable birth injury, a birth injury lawyer can help you understand your legal rights and options. For help with CP cases or other types of birth injury claims, call BILA today at 1-800-300-BILA or fill out our online contact form to schedule a free initial consultation with a lawyer in your province.
