Orange County Cerebral Palsy Lawyer

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Birth injuries should never be taken lightly, even if they seem minor or temporary. Unborn and newly born children are extremely delicate, and they must be handled with the utmost care, otherwise, they could sustain serious harm. Medical mistakes, negligence, delayed test results, faulty medical machinery, or any number of other errors could result in a birth injury, and some injuries might lead to the development of life-altering medical conditions like cerebral palsy.

Cerebral palsy (CP) is a medical condition that can result in muscle and coordination problems, usually because of oxygen deprivation or birth trauma. If your child developed cerebral palsy, you might have cause to file a personal injury claim on their behalf.

Let Our Attorneys Help You

Since 2004, our Orange County lawyers at the Law Office of Marshall Silberberg have been fighting for the rights of the injured. We have experience fighting for hospital and physicians, which better enables us to advocate for victims on the “right” side of the conflict—the injured individuals and families who deserve a voice. Our firm is passionate about connecting with clients, and our main objective is to provide you with the guidance and peace you need during this difficult time. We’ve handled more than 200 medical malpractice cases to date, and we’re prepared to help you, too.

Call (949) 565-4281 or complete our online contact form today to schedule your free consultation with our Orange County lawyers. 

Cerebral Palsy Basics: What You Need To Know

Cerebral palsy is a condition that affects an individual’s motor skills, particularly their coordination and mobility. In more severe cases, cerebral palsy might also affect a child’s ability to speak or see, or it may cause seizures or cognitive issues.

According to the Centers for Disease Control and Prevention, roughly 1 in every 323 children born in the United States have some form of cerebral palsy. Cerebral palsy is the most common motor disability in children, and although it can be treated, there is no cure.

What Causes Cerebral Palsy?

Cerebral palsy typically develops because of some type of brain damage sustained before, during, or shortly after birth. When the baby’s brain does not receive enough oxygen for a harmful period of time, it can cause the brain to develop abnormally, resulting in cerebral palsy. Although not all cases of cerebral palsy are caused by birth injuries, many are.

There are certain conditions that can also make the development of cerebral palsy more likely, including:

• Premature birth
• Low birth weight
• Jaundice
• Uterine rupture
• Placental detachment
• Umbilical cord problems
• Newborn infections
• Maternal infections during pregnancy

Also, mothers who give birth to multiple babies (twins, triplets, etc.) have a higher chance of birthing a child with cerebral palsy. Additionally, children born through the help of Assisted Reproductive Technology fertility treatments face a higher risk of developing cerebral palsy.

How to Treat Cerebral Palsy

Cerebral palsy has no cure, but treatment focuses on improving quality of life, maximizing independence, and managing symptoms. The treatment plan is individualized, as CP can affect each person differently. Here's an overview of treatment approaches:

• Therapies: Therapies are essential for managing CP and include physical therapy to improve strength, balance, and motor skills, often using exercises and assistive devices like braces or walkers. Occupational therapy focuses on developing daily living skills such as dressing or eating, while speech therapy enhances communication and addresses feeding or swallowing issues.
• Medications: Medications help control symptoms like spasticity, seizures, and pain. Muscle relaxants (e.g., baclofen), Botox injections, and anti-epileptic drugs are commonly used to improve comfort and mobility.
• Assistive Devices and Technology: Assistive devices enhance independence by improving mobility and communication. Examples include wheelchairs, walkers, orthotic devices, and speech communication aids for nonverbal individuals.
• Surgery: Surgery is sometimes necessary for severe cases to correct joint or bone deformities, reduce muscle tightness, or improve posture. Procedures like selective dorsal rhizotomy (SDR) target nerve fibers to alleviate spasticity, while feeding tubes may be used for severe swallowing issues.
• Alternative and Complementary Treatments: Complementary treatments, like aquatic therapy or hippotherapy, offer additional benefits such as improved coordination, balance, and relaxation. Acupuncture and other therapies may also help with pain management.
• Educational and Social Support: Special education programs and tailored learning strategies help children with CP succeed academically. Social services, support groups, and advocacy ensure access to resources and promote inclusion in the community.
• Ongoing Monitoring and Adjustments: Regular checkups and adjustments to treatment plans are crucial as the child grows and their needs evolve. This multidisciplinary approach ensures the most effective care over time.

Do I Have a Case?

Although cerebral palsy can develop through unpreventable means, there are also instances where the brain damage that triggered the condition was completely preventable. In the event that your child’s cerebral palsy was the result of medical negligence or a mistake, you might be eligible to file a claim and take legal action against the liable party.

Here are several ways medical malpractice can result in cerebral palsy:

• Hypoxia or Asphyxia: If medical staff fail to monitor the baby’s oxygen levels or detect fetal distress, the baby may experience a lack of oxygen (hypoxia) or blood flow (ischemia) to the brain, causing brain damage.
• Delayed C-Section: A delay in performing an emergency cesarean section when the baby is in distress can prolong oxygen deprivation.
• Improper Use of Delivery Tools: Misuse of instruments like forceps or vacuum extractors can cause physical trauma to the baby’s head, leading to brain injuries that may result in CP.
• Excessive Force: Pulling or twisting the baby improperly during delivery can result in head or neck injuries that damage the brain.
• Undiagnosed or Untreated Infections: Failure to diagnose or treat infections in the mother (e.g., Group B strep, herpes, or chorioamnionitis) can lead to infections in the baby, increasing the risk of brain damage.
• Neglecting Maternal Health: Ignoring maternal conditions like preeclampsia can lead to complications that compromise the baby’s oxygen supply.
• Jaundice and Kernicterus: If severe jaundice is not promptly treated, it can lead to kernicterus, a type of brain damage that may cause cerebral palsy.
• Failure to Address Neonatal Conditions: Conditions like hypoglycemia or respiratory distress, if left untreated, can lead to brain injury.
• Medication Errors: Errors in administering medications to the mother during pregnancy or labor can cause adverse effects on the baby, potentially leading to brain damage.

To establish that medical malpractice caused cerebral palsy, legal and medical experts typically evaluate:

• Deviation from Standard Care: Whether healthcare providers failed to meet accepted standards of care.
• Causation: Whether the negligence directly caused or significantly contributed to the child’s condition.
• Damages: The extent of harm caused to the child and their family.

Seeking Justice & Compensation for Your Child

Even mild cases of cerebral palsy can be life-changing and may be expensive and challenging to treat, and more severe cases can be downright debilitating. Parents may need to become full-time caretakers for their children, resulting in loss of wages, and ongoing medical appointments, physical therapies, medications, and medical equipment certainly comes with a hefty price.

Handling these challenges can be difficult, which is why our firm is ready to help you seek justice and compensation from the party responsible for your child’s injury. Whether the development of cerebral palsy was the result of a doctor’s mistake, a nurse’s negligence, or a hospital error, our firm can help determine fault, gather evidence, and present your case.

Interested in scheduling an initial consultation with a member of our firm? Contact us by calling (949) 565-4281.