Spastic Cerebral Palsy

No parent ever anticipates that shortly before or after their child is born, they will sustain a severe birth injury. Sadly, this is a life-changing reality that children and families face daily. Cerebral Palsy is a condition caused by abnormal brain development or damage to the developing muscles that disrupts a person's ability to control their movements. Among all types of Cerebral Palsy, spastic cerebral palsy is the most common form. According to the Centers for Disease Control and Prevention (CDC), spastic cp affects 80% of all those who are diagnosed with the condition.

Spastic Cerebral Palsy is an irreversible injury involving damage to the motor cortex before or during the delivery of a baby. While there are some instances where a birth injury cannot be prevented, most of the time spastic cerebral palsy is entirely preventable. Learning that your child has been diagnosed with spastic cerebral palsy can be a painful and emotionally devastating experience. If your baby was born Spastic CP and you believe it was the result of a medical professional's negligence, you should talk to an experienced medical malpractice attorney.

At Miller Weisbrod Olesky, we have successfully represented medical malpractice clients in more than 20 states and remain committed to improving the lives of children with birth injuries across the national. Our team of nationally recognized birth injury lawyers, nurses, and nurse attorneys are prepared to answer any of your questions and help you determine if you may be eligible to pursue a medical malpractice claim.

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 national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.

With the recovery that Miller Weisbrod made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.

Lyric, C.

Mother of
Miller Weisbrod Olesky Client

Our brain's motor cortex is the region of the cerebral cortex that’s involved in the planning, controlling, and execution of our voluntary movements. Spastic cerebral palsy is a developmental disorder caused by damage to the motor cortex and the pyramidal tracts of the brain before birth, during delivery, or within the child's first few years of life. This type of CP prevents the normal development of a child's motor functions and often makes simple tasks like handling objects or walking more challenging.

Children who have Spastic CP often experience spasticity symptoms such as muscle tightness, joint stiffness, and move with exaggerated motion. In some cases, children with Spastic Cerebral Palsy also develop co-occurring conditions like attention deficit hyperactivity disorder (ADHD) and epilepsy. Although the damage to the brain involved is not progressive, symptoms generally worsen over time and can further hinder a child's mobility.

Spasticity is a symptom associated with damage to the brain, motor nerves, and spinal cord. This condition is characterized by an abnormal increase in muscle tone or tightness due to the patient often experiencing periods of prolonged muscle contractions.

Spasticity is seen in individuals with conditions such as:

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

Muscles in any part of the body can be affected by spasticity; however, the arms and legs are the areas that most frequently suffer from spasticity. When a child is initially diagnosed with spastic cerebral palsy, symptoms may not be apparent right away, however, they may develop over time.

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: Occurs most commonly in the legs. Still, in some cases, it may cause mild stiffness or spasticity in the arms. Approximately 35% of children with cerebral palsy have spastic diplegia. Diplegia is common in children born prematurely with cerebral palsy.
• Spastic Hemiplegia: Typically affects muscles on one side of the body. In most cases, the arm is more affected than the leg and is distinguished by a wrist or elbow that is rigidly flexed. Spastic hemiplegic cerebral palsy can be caused by prenatal bleeding.
• Spastic Quadriplegia: This is the most severe form of CP that affects both the arms and legs. It may also impact the muscles in the torso and face. According to a study published by Translational Pediatrics, 20% of infants with CP have spastic quadriplegia. Children with spastic quadriplegic cerebral palsy often have trouble walking, encounter speech difficulties, or have seizures. A child born with this condition usually requires lifetime treatment and support.

The motor cortex is located in the cerebral cortex and comprises several parts of the brain’s frontal lobe. This area of the brain is responsible for relaying signals to other parts of the brain and coordinating movement in the body. The pyramidal tracts in the brain link the motor cortex to the spine and transmit signals between the motor cortex and the cerebral cortex nerves in the spinal cord.

Cerebral palsy is caused by a brain injury or other problem during birth. 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
• An infection or other medical issue during pregnancy
• 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
• Being shaken as a baby
• Bleeding in the brain
• Infections in the mother during pregnancy
• Other injuries to the brain during childbirth

Many potential underlying causes and risk factors are associated with cerebral palsy; however, in many cases, the neurological causes are never determined. While mothers cannot control or avoid all of these risk factors, they can reduce the risk of their child developing spastic cerebral palsy by maintaining doctor's appointments and prioritizing their health during pregnancy.

From one child to another, spastic cerebral palsy symptoms often vary considerably. The differences in the type and severity of symptoms will depend upon the areas of the brain that were injured, the extent of damage, and the presence of 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 of the spectrum, children with severe spastic cerebral palsy might not be able to move some muscles at all and 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 signs you can be on the lookout for in early childhood. These include:

• A child not being able 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.
• Breathing difficulty 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 get dressed, eat, drink, brush their teeth, or manipulate objects without assistance. 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 cost of caring for a child 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 you cover costs for medical expenses, lost earnings, and recover compensation for emotional pain and suffering. Our compassionate team at Miller Weisbrod Olesky understands 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.

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

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

This is the first type of treatment that is often prescribed to children with spastic cerebral palsy. Physical therapy typically includes flexibility, stretching, and range-of-motion (ROM) exercises to improve the mobility of joints and soft tissues. Therapy of this kind can improve a child's overall motor function and help prevent any future complications.

In occupational therapy, the goal is 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 CP, 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 adaptive scissors or special writing tools.

The objective of speech therapy is to improve oral movements in children with spastic CP by strengthening the muscles used for speech. Children with this type of CP may drool and have difficulty swallowing or speaking. 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, socialize with others, and make chewing, breathing, and swallowing less difficult.

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

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 CP relieve muscle tightness and move more easily. Several other types of muscle release surgeries are available to those with spastic cp that can correct joint dislocation, relax muscles, and improve mobility in various areas.

The severity of spastic cerebral palsy symptoms causes many parents to seek medical attention during early infancy. A doctor may diagnose the condition through the detection of significant developmental delays. The treatment options that your doctor may choose to include in your child's spastic cerebral palsy treatment plan will depend on the severity of your child's symptoms and the extent of damage to the brain.

While there is no set time frame for the life expectancy of those living with cerebral palsy, 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 on individuals with Cerebral Palsy by BMC Neurology, over 80% have a life expectancy of 58 years or more.

Spastic cerebral palsy is often caused by negligent care, or a medical mistake made during childbirth. However, spastic cerebral palsy is a complex condition, and many families may be left unsure about what caused their child's cerebral palsy.

When you hire an experienced medical malpractice attorney, they can help you determine what caused your child's condition. If you have a child with cerebral palsy and suspect that their condition was the result of medical negligence, pursuing a birth injury lawsuit can help you recover the compensation you need to afford the quality of care your child deserves.

Spastic CP often results from the negligent mistakes or medical errors a doctor makes before, during, or after childbirth. Medical professionals are expected to adhere to the accepted standard of care. When they fail to meet that standard of care, and it results in an injury such as spastic cerebral palsy, they may be held responsible. In some cases, birth injury lawsuits may be filed against multiple defendants. For instance, hospitals can be held liable for spastic cerebral palsy that resulted from medical malpractice.

Hospitals are required to have practices and policies in place to prevent patient harm whenever possible. They are also responsible for providing patients with 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 can be held legally accountable.

Some examples of medical errors that may cause spastic CP 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 or medications
• Failing to deliver a baby in a reasonable period of time

Both active mistakes and mistakes of inaction during delivery that result in brain damage can potentially justify a medical malpractice claim. The only common exception where parents may find it difficult to hold a doctor or hospital liable for resulting injuries is if the mother knowingly makes a decision that leads to these injuries.

For example, if a mother has been informed of the risks of giving a vaginal birth instead of birth by a cesarean section (C-section) but adamantly decided to deliver vaginally, she may not be able to pursue a medical malpractice claim if the baby suffers a birth injury as a result.

The consequences of abnormal brain development can be permanently debilitating and cause life-long pain and suffering. If you believe the medical professionals who delivered your child were careless and caused your child's birth injury, working with a Birth Injury Malpractice Lawyer who can help you pursue financial compensation can be tremendously beneficial for your child and your family.

While each Spastic Cerebral Palsy Lawsuit is unique, the steps for filing a lawsuit will generally be similar. Here’s what to expect should you decide to file a birth injury or medical malpractice lawsuit:

The spastic CP lawsuit process often begins with an initial case evaluation. At Miller Weisbrod Olesky, we offer free, no-obligation case reviews where we will gather information regarding your child's injury and start handling your case immediately if you qualify. During your free case review, our in-house team of nurses and nurse attorneys will ask you about your pregnancy, the childbirth process, and your child's condition.

Our dedicated cerebral palsy attorneys will help you collect evidence to back your claim and prove your child's condition was caused by the negligent actions of a doctor or other medical professional.

Some examples of evidence we gather to build a strong case of cerebral palsy malpractice include:

• Imaging tests (X-rays and MRIs)
• Medical records
• Medical bills
• Photographs
• Prenatal and birth records
• Maternal health records
• Documentation that outlines complications and co-existing conditions
• A documented account of the events before, during, or immediately following birth

Your child's medical records will serve as vital evidence of your child's spastic cerebral palsy diagnosis and any medical expenses or related treatment costs you have already paid. To determine if your child’s injury resulted from medical negligence, your birth injury lawyer will also collect information about your child’s appearance, activity level, posture, and if they were breathing on their own after delivery.

After key pieces of evidence have been gathered, your cerebral palsy lawyer will formally file your lawsuit against the negligent medical professionals or facilities who may be responsible for your child’s birth injury. Once the lawsuit has been filed, you will become the plaintiff, and the healthcare providers who delivered your child will become the defendants.

After the lawsuit gets filed, legal teams from both parties will work to gather more evidence, like testimonies from witnesses or medical experts, to support their arguments. Your birth injury attorney will typically consult a legal nurse consultant or other medical professional to examine the records and determine if the claim involves any medical mistakes made during the delivery process. Both parties will then exchange evidence and any additional relevant information through requests for documents, depositions, or interrogatories.

Once both sides have had time to investigate the incident, they must agree to negotiate a settlement agreement. Your birth injury malpractice lawyer will work to negotiate a fair amount of compensation for your child and your family. If the defendant does not agree to a settlement, your case may go to trial. During a trial, your lawyer will advocate on your behalf in front of a judge or jury. Due to the high risks of going to trial, a large percentage of cerebral palsy cases never go to trial.

Before, during, or shortly after childbirth, doctors are responsible for providing a mother and her baby with the best care possible. If you believe a preventable medical error caused your child's cerebral palsy, you may be eligible to pursue a claim against the negligent healthcare provider(s). Medical malpractice lawsuits can help families cover the costs of expensive medical bills and give their child the best care possible.

Securing compensation through a cerebral palsy lawsuit requires your medical malpractice lawyer to prove that a healthcare provider's negligent actions were directly responsible for your child's condition.

A cerebral palsy medical malpractice case must prove that:

• The mother was a patient, and the doctor had a duty to provide her and her child with care.
• There was a breach of duty due to the negligent actions or inaction of the medical professional.
• The medical professional's negligence was directly responsible for the birth injury.

Pursuing compensation for a birth injury caused by medical negligence can benefit families in a number of ways. Here are some reasons to consider filing a Cerebral Palsy Birth Injury Lawsuit:

• Medical professionals should be held accountable for their negligence.
• Encourage hospitals to implement policies to protect newborns. The compensation you recover from a lawsuit can help you pay for treatments, therapies, medications, and adaptive equipment.
• Secure your child's future and improve their quality of life.

Following a Cerebral Palsy diagnosis, families are often left with many unanswered questions. If you have questions, our lawyers and in-house team of nurses and nurse lawyers with years of experience helping families with medical malpractice cases are available to speak with you.

A settlement for a Cerebral Palsy lawsuit is an agreed-upon payout negotiated between the plaintiff (usually a parent or a caregiver) and the defendant (a negligent medical professional or facility). The purpose of settlements offered to families in a CP lawsuit is to provide them with financial support to help with medical expenses and treatment costs.

While most of these lawsuits are often settled out of court, they can also be negotiated during a trial. However, reaching an agreement out of court can reduce the time it takes to receive your settlement award and spare you the emotional burden of going through a court trial. Due to the confidential nature of many of these cases, it's hard to determine an average settlement amount for birth injury cases.

If your child suffered a birth injury resulting from medical malpractice, the settlement award you receive will depend on a variety of factors. Some of these factors include:

• The nature and severity of your child's condition.
• The impact on the child's quality of life.
• The cost of medical care, therapy, and any assistance the child requires.
• The financial damages you have suffered, including lost income.
• The psychological well-being of your child.

Compensation from a CP medical malpractice case can help pay for:

• Assistive technology
• Medications
• Mobility aids like wheelchairs
• Transportation equipment
• Lost income or wages
• Home care costs
• Physical therapy
• Speech therapy
• Occupational therapy
• Surgery

A birth injury caused by negligence in delivery can have a profound impact on a child for the rest of their lives. Non-economic damages are often awarded in medical malpractice lawsuits to compensate families for the emotional and physical pain experienced by the child suffering from the birth injury.

Some examples of non-economic damages include:

• Emotional pain and suffering
• Disfigurement and scarring
• Emotional distress or mental anguish
• Lost earning capacity
• Loss of companionship or support
• Loss of enjoyment in life
• Loss of a limb or body part
• Paralysis
• Post-traumatic stress disorder (PTSD)

To calculate non-economic damages, a birth injury lawyer and the insurance company will first calculate the total losses suffered by the victim, including past, present, and future expenses. The total will then be multiplied by a factor ranging from one to five. In cases where injuries are severe and result in lifelong disabilities, a higher factor will typically be used.

In some cases, punitive damages or exemplary damages are awarded in cases where the defendant's actions are deemed grossly negligent or malicious or they are guilty of repeatedly committing acts of negligence. These damages are awarded to punish the perpetrator for committing especially egregious or reckless acts and to deter others from committing similar offenses in the future.

In most cases of cerebral palsy, specialized medical care and treatments are required to effectively manage a child's symptoms. For many families, costs associated with treatment are not always affordable. Settlement money from a successful cerebral medical malpractice claim can make it easier to cover the costs of your child's lifetime care. Holding negligent medical professionals and facilities accountable can also help make it easier for families to move forward.

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 type of case and the state where it is filed. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to personal property, fraud, contract disputes, and collection of debts.

Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule, and 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, if the negligent party was a local or state government hospital or the doctors and medical providers are employees of a governmental entity, the time period in which you must give "notice" may be shorter.

If your case is filed outside of the statute of limitations, it will typically be dismissed, and you will not be eligible to recover compensation for your injuries. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, contacting an attorney as soon as possible is in your best interest.

If you believe your baby developed spastic cerebral palsy as a result of medical malpractice, a seasoned birth injury lawyer can help you hold negligent medical professionals accountable. At Miller Weisbrod Olesky, our unmatched team of registered nursing staff and nurse attorneys provide a deep level of medical knowledge and personal insight to every client's case.

Our birth injury lawyers work closely with the firm's in-house team of nurses and nurse-attorneys to investigate the causes of birth injuries and determine how medical professionals may have breached their duty of care.

The firm's founder, Les Weisbrod, is a national leader in birth injury ligation. Throughout his 40 years of law practice, he has achieved an impeccable track record of successfully resolving birth injury and medical malpractice lawsuits in 20 states.

We have a passion for improving the lives of children who have suffered a brain injury and remain committed to being the leading national injury law firm by helping clients across the United States seek justice. Contact us on our toll-free line (888) 987-0005 or by filling out our convenient online form below, to schedule your free case review.