Spastic Cerebral Palsy

No parent ever anticipates for their child to get injured before or after birth. Sadly, this is a life-changing reality that children and families face every day.

Cerebral Palsy (CP) is a condition that can result from abnormal brain development or brain damage at birth. Brain injuries affect a baby’s developing muscles and can permanently disrupt the ability to control their movements. According to the Centers for Disease Control and Prevention (CDC), 80% of individuals with cerebral palsy have the Spastic type.

Most cases of spastic cerebral palsy that stem from birth injuries are entirely preventable. If you believe your baby’s cerebral palsy diagnosis was the result of a medical professional's negligence, contact an cerebral palsy attorney today.

Birth Injury Malpractice Attorneys

Our top rated birth injury attorneys specialize in identifying how medical mistakes during delivery can cause permanent brain injuries. If your baby suffered from permanent preventable injuries at birth, don’t hesitate to contact our firm. We can answer difficult legal and medical questions and investigate the facts on your behalf.

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Birth Injury Lawyers
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Our Birth Injury Lawyers are available to meet you in your home or the hospital.

Our vast network of medical experts and in-house nursing staff and nurse-attorneys gives us the edge over our competition. When we take your case, we assign you with not just an attorney but an entire medical team. This team includes attorneys, experienced nursing advocates, and seasoned medical experts.

Your birth injury legal team is available to assist with any day-to-day treatment you or your child may need. This includes assistance with obtaining medical records, scheduling doctors’ appointments, providing transportation, and any other problems that may arise.

We offer all of this on a contingency fee basis. This means you will not pay any fees until after we win your case and secure a settlement. Miller Weisbrod Olesky’s unmatched track record of birth injury results sets us apart from other birth injury law firms.

Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our team of top-rated birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.

Million Dollar Results

What is Spastic Cerebral Palsy (CP)?

Spastic cerebral palsy stems from damage to the motor cortex and the pyramidal tracts of the brain. This can occur before birth, during delivery, or within the child's first few years of life.

The motor cortex is the region of our brains involved in the planning, controlling, and execution of our voluntary movements. Located in the cerebral cortex, it comprises several parts of the brain’s frontal lobe.

The motor cortex is responsible for relaying signals to other parts of the brain. The pyramidal tracts in the brain link the motor cortex to the spine. They transmit those signals between the motor cortex and the cerebral cortex nerves in the spinal cord.

Spastic cerebral palsy prevents the normal development of a child's gross motor function. This often makes it more challenging to complete simple tasks like walking, talking, or handling objects.

Children who have spastic cerebral palsy often experience symptoms like muscle tightness, joint stiffness, and move with exaggerated motions. In some cases, they also develop co-occurring conditions like attention deficit hyperactivity disorder (ADHD) and epilepsy.

Although brain damage at birth is not progressive, symptoms generally worsen over time and can further hinder a child's mobility.

What is Spasticity?

Spasticity refers to an abnormal increase in muscle tone or tightness due to prolonged periods of muscle spasms and contractions. It is commonly associated with damage to the brain, motor nerves, and spinal cord.

A child may experience spasticity if they have conditions like:

Cerebral Palsy (CP)
Stroke
Multiple sclerosis (MS)
Brain or head injury
Traumatic brain or spinal cord injury
Amyotrophic lateral sclerosis (ALS)
Hereditary spastic paraplegia

Any muscle in the body can suffer from spasticity, with the arms and legs being especially vulnerable. When a child has spastic cerebral palsy, symptoms are not always immediately apparent and may develop over time.

What Are The Types of Spastic Cerebral Palsy?

Spastic CP is unique in that it typically affects only specific areas or parts of the body. The following are the three different sub-classifications of spastic cerebral palsy:

Spastic Diplegia

Spastic diplegia is a type of muscle stiffness that primarily affects the legs. It also may cause mild stiffness or spasticity in the arms in some cases. Approximately 35% of children with cerebral palsy have spastic diplegia. Diplegia is common in children born prematurely with cerebral palsy.

Spastic Hemiplegia

Spastic Hemiplegia typically affects muscles on one side of the body. In most cases, it affects the arms more than the legs. Children with this type of cerebral palsy will sometimes have rigidly flexed elbows or wrists that are difficult to move.

About Spastic Hemiplegia

Spastic Quadriplegia

Spastic Quadriplegia is the most severe form of cerebral palsy that affects both the arms and legs. It may also impact the muscles in the torso and even cause facial paralysis. According to Translational Pediatrics, 20% of infants with cerebral palsy have spastic quadriplegia.

Children with spastic quadriplegic cerebral palsy often have trouble walking, encounter speech impairments, or have seizures. A child born with this condition usually requires lifetime birth injury treatment and support.

What Causes Spastic Cerebral Palsy?

All types of cerebral palsy stem from a brain injury or other brain development problem during pregnancy. In spastic cerebral palsy, the injury or problem affects the motor cortex. Irregular brain development or damage to a developing brain usually happens before birth, during birth, or early infancy.

Some examples of factors that can lead to irregular brain development include:

Genetic disorders
Untreated jaundice
A maternal infection or other medical issue during pregnancy
A neonatal infection or high fever during early childhood
Suffering from a stroke in the womb or after birth
Lack of blood flow or oxygen to the fetal brain
Doctors who make negligent mistakes during childbirth
Very low birth weight
Brain infections (such as meningitis)
Traumatic head injury
Bleeding in the brain
Other injuries to the brain during childbirth

Some of these risk factors may be out of the mother’s control. However, they can reduce their child’s risk for spastic cerebral palsy with prenatal testing and prioritizing their health during pregnancy.

What Are The Signs of Spastic Cerebral Palsy?

From one child to another, spastic cerebral palsy symptoms often vary considerably. The differences in the type and severity of symptoms will depend upon a number of factors. These include the areas of the brain that sustained damage, the extent of the damage, and any co-occurring disorders.

For example, a child with mild spastic cerebral palsy might display nothing more than slight awkwardness with movement. At the opposite end, children with severe spastic cerebral palsy might not be able to move some muscles at all. These children will likely require special medical or therapeutic care for their entire lives.

In the first years of a child's life, recognizing the signs of cerebral palsy may be difficult. However, there are some developmental milestones in early childhood that can be critical indicators if a child misses them. These can include:

A child unable to raise their head by two months.
A child suffering from stiff or weak muscles.
A child failing to roll over, sit, or crawl on time.
Neonatal breathing difficulties right after delivery.

Some additional signs and symptoms of spastic cerebral palsy are:

Stiffness in muscles
Limited mobility
Exaggerated or involuntary movements
Gait abnormalities (walking problems)
Joints that don't fully extend
Muscle contractions
Hyperreflexia (excessive reflex responses)

A child with spastic CP may also develop some nervous-related symptoms, such as:

Speech problems
Issues with hearing
Vision problems
Cognitive, behavioral, and learning disabilities
Seizures

Symptoms of spastic cerebral palsy can make it difficult for a person with this condition to complete everyday tasks. Activities like putting on clothes, eating, drinking, or brushing their teeth may be more challenging due to their muscle stiffness.

How to Treat Spastic Cerebral Palsy?

Although there is no cure for spastic cerebral palsy, several treatment options can help manage symptoms and improve functional abilities. A child’s needs often vary widely in each case and depend upon the nature and extent of their brain damage.

In general, there are five main routes of treatment for cerebral palsy. These include:

Physical Therapy for Cerebral Palsy

Physical therapy is often the first type of treatment doctors will prescribe to children with spastic cerebral palsy. Exercises typically include flexibility, stretching, and range-of-motion (ROM) activities to improve the mobility of joints and soft tissues. Physical therapy can improve a child's overall gross motor function and lower the risk for any future complications.

About CP Physical Therapy

Occupational Therapy for Cerebral Palsy

Occupational therapy aims to enhance a child's ability to function independently at home, school, work, and in public environments. Occupational therapists perform exercises to target certain muscles in the wrist, forearm, thumb, and upper body. For children with spastic cerebral palsy, this treatment can improve their motor control, bilateral coordination, and upper body strength.

During this treatment, occupational therapists can also assess whether the child needs assistive equipment and devices. This can include adaptive scissors or special writing tools.

About CP Occupational Therapy

Speech Therapy For Cerebral Palsy

Children with spastic cerebral palsy may drool and have difficulty swallowing or speaking. The objective of speech therapy is to improve a child’s oral movements by strengthening the muscles they use for speech.

Speech therapists have the child perform exercises incorporating assistive communication devices to help improve their motor and cognitive abilities. This form of therapy provides children with the tools to communicate their thoughts and socialize with others. It can also make chewing, breathing, and swallowing less difficult.

About CP Speech Therapy

Medications

For a child with spastic cerebral palsy, medications such as Benzodiazepines can help relieve muscle stiffness and improve movement. Medications such as Diazepam can also relax muscles and treat spasticity in the lower legs. Doctors should always look for and prescribe medications that achieve the most effective results while having the fewest side effects.

Medical Procedures

Selective Dorsal Rhizotomy for Cerebral Palsy

A large part of treatment for children with Spastic Cerebral Palsy may be surgery. Selective Dorsal Rhizotomy (SDR) is a minimally invasive procedure that can help a child living with spastic cerebral palsy relieve muscle tightness and move more easily. Several other types of muscle release surgeries are available to those with spastic cerebral palsy that can correct joint dislocation, relax muscles, and improve mobility in various areas.

It is a common cerebral palsy symptom for muscles around the hips and knees to unevenly pull on the bones. When this happens for prolonged periods, it causes the bones to partially dislocate from the joint (known as subluxations). This causes the child’s legs to twist, which uncomfortably deforms their joints over time.

Osteotomy surgery (bone-cutting procedure) can ease these symptoms. In an osteotomy procedure, the surgeon cuts and reshapes a bone to help it fit better into a joint. Children with cerebral palsy can greatly benefit from osteotomies as their bones are often maligned due to spastic muscles.

Each of these types of medical procedures can relieve children’s symptoms of spasticity. But they can also cause further injuries and complications when medical professionals make negligent errors.

About Cerebral Palsy Medical Procedures

Raising a child with spastic cerebral palsy can be a challenging journey, and the lifelong cost of treatment can be staggering.

The CDC reports that the childcare costs can be 10-26 times higher than for children without cerebral palsy. Filing a lawsuit against a negligent physician or other medical professional can help cover some of these costs. Our specialized cerebral palsy attorneys understand the immense emotional and financial impact birth injuries have on families. We can help you navigate the legal process, initiate legal action against those responsible, and provide emotional support along the way.

What is the Life Expectancy of a Child with Spastic Cerebral Palsy?

There is no set time frame for the life expectancy of those living with cerebral palsy. However, those with the longest life expectancies usually have more mobility, greater autonomy, and better medical care. Generally, the life expectancy of children born with cerebral palsy is the same as that of someone without the condition. According to a study from BMC Neurology, over 80% have a life expectancy of 58 years or more.

Tools like the Gross Motor Function Classification System can shed light into the severity of a child’s cerebral palsy symptoms. Children with more motor function control will usually have a higher life expectancy.

Cerebral Palsy Life Expectancy

What Birthing Mistakes Can Cause Spastic CP?

Spastic cerebral palsy often results from the negligent mistakes or medical errors a doctor makes before, during, or after childbirth. Medical professionals should always adhere to the accepted standard of care. When they fail to meet that standard of care, it sometimes results in permanent birth injuries like spastic cerebral palsy.

In some cases, a plaintiff may file birth injury lawsuits against multiple defendants. For instance, hospitals can be held liable for spastic cerebral palsy that resulted from medical malpractice.

Hospitals must have practices and policies in place to prevent expecting mothers and their babies from harm whenever possible. They are also responsible for providing a safe, sterile environment and hiring staff with appropriate medical training and licensing. If a staff member does not meet the requirements to practice, the hospital may be legally accountable.

Some examples of medical errors that may cause spastic cerebral palsy include:

Failing to detect or treat fetal distress, such as lack of oxygen (hypoxia)
Pulling with excessive force on a child's head, neck, shoulder, or arm
Failing to treat jaundice at birth
Improper handling of breech presentation
Failing to detect or properly treat infections in the mother or child
Putting off a necessary cesarean section (C-section) or not performing one at all
Failing to recognize umbilical cord issues such as umbilical cord prolapse
Improperly using delivery tools such as forceps or a vacuum extractor
Failing to diagnose illnesses and potential health risks before or after birth
Missing or ignoring signs of eclampsia or preeclampsia
Failing to manage problems with the placenta
Prescribing incorrect dosages of labor-inducing medications
Failing to intervene during a prolonged or arrested labor

Did Medical Malpractice Cause My Child’s Cerebral Palsy?

Both improper action and also inaction during delivery can result in brain damage that potentially justifies a medical malpractice claim.

If a family believes medical negligence worsened a child’s brain damage at birth, legal support may be an option. A specialized cerebral palsy attorney can review the medical records and circumstances to assess whether a claim exists.

Families who have experienced the effects of brain injuries from negligent medical care deserve to know whether they were avoidable. Our top rated cerebral palsy lawyers will help you find those answers and obtain the necessary funds to secure treatment.

Our nationally recognized legal team will thoroughly investigate the facts, holding responsible parties accountable by pursuing medical malpractice claims.

What is the Statute of Limitations in a Birth Injury Lawsuit?

A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the case and the state where you file. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to private property.

Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. In some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.

For example, if the party that injured you was:

A federal employee
Employed by a military hospital, Veterans Administration facility, or a federally funded medical entity

You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, you may have less time to give notice if:

The negligent party was a local or state government hospital
The doctors and medical providers are employees of a governmental entity

If you file your case outside of the statute of limitations, the court will typically dismiss it. This means you will not be eligible to recover compensation for you or your child’s injuries.

Determining when a statute of limitations begins on your case can be tricky. If you are considering pursuing compensation for a birth injury, contact an attorney as soon as possible.

How Can Our Cerebral Palsy Attorneys Help?

A detailed expert review of the facts and circumstances of your pregnancy and your child's birth can reveal many things. Namely, it can determine whether a child’s spastic cerebral palsy diagnosis and related complications were the result of medical malpractice.

Our Process

Our team of committed cerebral palsy attorneys, nurses and paraprofessionals works to answer these questions and seek compensation. We use our detailed medical negligence case review process to assess your potential birth injury case.

We start by learning more about your pregnancy by gathering records to determine what happened during and after your delivery. This includes evaluating the fetal heart rate strips during labor.

We will call in skilled medical experts who review your records and provide insight into where medical professionals went wrong. If we feel medical negligence caused or worsened your baby’s brain damage, we meet with you to discuss further.

At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment once you do. The sooner you reach out, the sooner we can investigate your case and gather the evidence to support your claim.

We work on a contingency fee basis, meaning you will not pay any legal fees until we win your case. We do not purse any medical malpractice cases unless we fully believe we can win.

Contact us today to schedule your free consultation by calling our toll-free line at (888) 987-0005. You can also reach us by filling out our online request form.

Spastic Cerebral Palsy