Baltimore Cerebral Palsy Lawyers

Cerebral Palsy is the most common type of birth injury. It is a broad term that encompasses a group of chronic “palsies” or disorders impairing control of movement as a result of any factor occurring during childbirth that leads to brain damage.

In the United States, it is estimated that 2 to 3 births in 1,000 will result in Cerebral Palsy, which amounts to about 10,000 new cases each year. CP is a non-progressive brain disorder. The damage to the brain will not continue to worsen over time, but symptoms may change; some may improve, while others may worsen. Most babies with CP are born with it, but for some, it can result from trauma during birth, such as hypoxia or insufficient oxygen to the brain.

Economic Statistics for Cerebral Palsy Patients

• Medical costs are 10 times higher for children with cerebral palsy.
• Medical costs are 26 times higher for children with cerebral palsy who have an intellectual disability.
• The total lifetime care cost to take care of a child with cerebral palsy currently exceeds $1 Million.

Call 410-LAW-FIRM to speak to a cerebral palsy attorney and get help with your potential birth injury claim.

Common Causes of Cerebral Palsy & Legal Help

Birth injuries that can result in cerebral palsy include:

• Misuse of Assisted Delivery Tools: Such as forceps or vacuum extractors.
• Deprivation of Oxygen: Negligently allowing the baby to be deprived of oxygen.
• Prolonged Labor: Which can put stress on the baby.
• Delayed C-Section: Failing to conduct a timely C-section or failing to schedule one if needed.
• Infections: Failure to diagnose infections in the mother, like meningitis.

Cerebral Palsy & Birth Injuries

Although any type of birth injury is devastating, cerebral palsy (CP) remains one of the most severe health disorders that stem from birth injuries. In most cases, CP leads to significant health issues and disabilities lasting a lifetime. Since there is no cure for CP, these permanent disabilities not only place infants at risk for serious medical problems, but the financial aspect of caring for children with CP is more than the average family can afford.

CP varies in severity, ranging from light involuntary movements while carrying out daily activities to complete loss of movement. Numerous factors of birth injuries contribute to the development of CP, including physicians who fail to:

• Detect, Diagnose, & Treat Maternal Infections: Leading to complications.
• Monitor Fetal Heartbeat: Properly during labor.
• Detect Umbilical Cord Problems: Such as a prolapsed umbilical cord.
• Respond to Maternal & Fetal Distress: By failing to schedule and carry out an emergency cesarean surgery (C-section).
• Properly Use Birth-Assisting Tools: Applying too much force or improper pulling.

Types of Cerebral Palsy: Spastic, Athetoid & Ataxic

Spastic is the most common type of cerebral palsy, accounting for 80 percent of CP cases. Symptoms include jerky movements, muscle tightness, and stiff joints. This type makes simple actions such as walking or picking up small objects difficult. Some children with spastic CP may develop coexisting conditions, including ADHD or epilepsy.

Athetoid, also known as Dyskinetic cerebral palsy, is characterized by involuntary movements. Children with this type of CP fluctuate between high muscle tone, which causes stiffness and sore joints, and low muscle tone, which causes a kind of “floppiness” in limbs.

Ataxic cerebral palsy is the least common type, accounting for only 5-10 percent of cases. Ataxia, meaning lack of coordination, causes balance and coordination problems, as well as tremors and speech problems.

How Can An Attorney Help Families Facing Cerebral Palsy?

The symptoms of cerebral palsy are not birth defects. Cerebral palsy occurs as a result of injury suffered in utero or during birth. Cerebral palsy is characterized by developmental problems that often last for the child’s entire life. Parents do not have to face the struggles this birth injury causes alone.

A cerebral palsy attorney can help you:

• Identify Liable Parties: Establish medical negligence or malpractice.
• Secure Just Compensation: For the lifetime of specialized medical care needed to treat cerebral palsy.
• Assess Pain & Suffering: Caused by the injury that resulted in a CP diagnosis.
• Set Up Trust Funds: Social Security benefits, and other sources of funding to cover ongoing living expenses.
• Negotiate Settlements: On behalf of patients with disabilities due to cerebral palsy.
• File Lawsuits: Against hospitals, physicians, or other healthcare providers responsible for an infant’s injury resulting in CP.
• Investigate Records: Related to treatment provided at birth or during pregnancy leading up to delivery.
• Pursue Financial Compensation: Through state or federal government programs.
• Understand Legal Rights: Help families throughout the entire process.

Common Questions About Cerebral Palsy in Baltimore

What Are the Legal Rights of a Child With Cerebral Palsy in Maryland?

Children with cerebral palsy in Maryland have specific legal rights aimed at protecting their health and access to resources. Federal and state laws, such as the Americans with Disabilities Act and the Individuals with Disabilities Education Act, ensure that children receive appropriate education and accommodations. These laws mandate that public schools provide individualized education programs (IEPs) tailored to meet the unique needs of children with disabilities, including those with cerebral palsy. Parents can work with legal professionals to ensure their child’s rights are enforced and to advocate for the necessary educational modifications.

Moreover, the state of Maryland provides financial assistance and resources through various programs to support children with cerebral palsy and their families. Families may be entitled to monetary compensation through health insurance programs, Social Security benefits, and other state-funded services. Legal counsel can help navigate these complex processes, maximizing resources and ensuring compliance with the applicable statutes and regulations. Understanding and asserting these rights is crucial for obtaining the best possible outcomes for children with CP.

How Is Cerebral Palsy Diagnosed?

The diagnosis of cerebral palsy typically involves a comprehensive evaluation by a pediatric neurologist, often including a combination of clinical examination, imaging studies, and developmental assessments. Early suspicion arises when an infant displays developmental delays or exhibits abnormal muscle tone. To confirm a diagnosis, specialists may use neuroimaging techniques such as MRI or CT scans to identify any brain abnormalities underlying the symptoms.

In addition to imaging, developmental monitoring and assessments are essential. Health professionals will evaluate motor skills, muscle tone, reflexes, posture, and coordination over time. Early intervention programs can significantly enhance developmental outcomes, as they allow for the inclusion of appropriate therapies during critical developmental periods. Early diagnosis and involvement can be life-changing, enabling families to understand and manage their child’s condition more effectively.

Can Cerebral Palsy Be Prevented?

While not all causes of cerebral palsy can be prevented, certain measures can reduce the risk. Prenatal care is key, which includes regular health screenings, management of maternal health conditions, and avoidance of harmful substances. Timely vaccination against infections like rubella also lowers risk factors that might contribute to cerebral palsy. Improved access to prenatal and perinatal healthcare has proven effective in decreasing the incidence of conditions leading to cerebral palsy.

In the delivery room, adequate monitoring of fetal well-being, avoiding prolonged labor when necessary, and timely decision-making regarding C-sections are essential steps healthcare providers can take. The use of assisted delivery tools should always adhere to established guidelines to minimize birth trauma. Continuous educational efforts in professional medical circles contribute to the ongoing pursuit of preventing preventable instances of cerebral palsy.

Contact us online or by calling (410) 529-3476 today!