Cerebral Palsy Caused by Birth Injuries: Legal and Medical Insights

Cerebral palsy (CP) caused by birth injury is a devastating condition that can change the course of a child’s life and a family’s future. Affecting approximately 2 to 3 children per 1,000 in Canada, it is the most common physical disability in children, with many cases linked to preventable medical negligence during childbirth.

These errors, such as mishandling delivery complications, can lead to lifelong physical and developmental challenges. For families, the emotional, medical, and financial burdens can be tough.

In this blog, we will discuss the medical causes and legal implications of cerebral palsy caused by birth injury, guiding families to seek justice, financial compensation, and access to vital resources for long-term care and support.

A Medical Overview of Cerebral Palsy and Causes

Cerebral palsy is a neurological condition that affects movement, posture, and motor functions due to brain damage or abnormal brain development. It is a lifelong disorder with varying severity, often impacting overall health condition, muscle tone, and motor skills.

There are different types of cerebral palsy, including the following:

• Spastic: Causes stiff muscles.
• Athetoid: Leads to involuntary movements.
• Ataxic: Affects balance and coordination.

However, some victims can experience a mix of these types.

The neurological condition is primarily caused by brain damage occurring before, during, or shortly after birth. While factors such as premature birth and infections during pregnancy can contribute, birth injuries are a major cause of cerebral palsy. 

How Birth Injuries Lead to Cerebral Palsy

Cerebral palsy caused by birth injury results from medical negligence errors that lead to disruption in motor function, muscle control, and posture.

One of the common scenarios is the failure to monitor fetal distress. If signs such as abnormal heart rates or reduced oxygen supply go unnoticed or untreated, the baby’s brain may suffer irreversible damage due to oxygen deprivation.

Another contributing factor is the improper use of delivery tools like forceps or vacuum extractors. Mishandling these instruments can cause trauma to the baby’s head, leading to brain injuries associated with cerebral palsy.

Additionally, delayed responses to complications such as prolonged labour or umbilical cord issues, like cord prolapse or wrapping around the baby’s neck, can result in major harm if oxygen flow to the brain is restricted for too long.

The heartbreaking reality is that these outcomes are often avoidable with timely and appropriate medical care.

Early Diagnosis, Advocacy, and the Challenges Families Face Due to Cerebral Palsy Caused by Birth Injury

When families discover their child has cerebral palsy caused by birth injury, early diagnosis can make all the difference. Identifying the condition early allows parents to access therapies to help their child grow stronger, move better, and communicate effectively.

For example, physical therapy can improve mobility, while speech therapy can help children express themselves. Early intervention gives children a chance to develop essential skills and provides parents with a clear path forward.

Advocacy is also an important part of a family’s journey. Parents must find a way to secure the right resources for their children. From requesting individualized education plans to arranging medical treatments, the parents’ role holds weight.

It is equally essential to investigate whether medical negligence played a role in causing cerebral palsy. Understanding what happened during childbirth can help families seek compensation for the lifelong care their child will need.

Yet, even with early diagnosis and strong advocacy, the challenges of families remain major. These challenges include the following: 

• Emotional: The emotional toll is one of the hardest aspects, as parents cope with feelings of worry, sadness, or even guilt about their child’s condition. 
• Physical: Caring for a child with cerebral palsy can be physically demanding, requiring constant attention and adjustments to meet their needs.
• Financial: The financial strain also stands a tough hurdle when managing cerebral palsy caused by birth injury, as the costs of therapy, specialized wheelchairs, home modifications, and education programs are just the beginning. Over a lifetime, these expenses add up, leaving many families unable to manage without financial assistance or compensation.

The Role of Financial Compensation

Beyond addressing current expenses, financial compensation usually accounts for future costs, ensuring the child’s evolving needs are met as they grow. This financial security gives parents peace of mind, knowing their child’s well-being is protected.

For instance, families who have received compensation for cerebral palsy caused by birth injury have used the funds to create better opportunities for their children through advanced therapy programs to improve mobility. Other investments usually include home renovations to make spaces more accessible.

Legal Support for Families: Proving Medical Negligence

Building a case for medical negligence in cerebral palsy caused by birth injury is like assembling a complex puzzle; each piece must be carefully placed to uncover the full truth.

The first step is reviewing the medical records from birth, which provide information about the decisions made during labour and delivery. These records help determine whether medical professionals followed the standard procedures or if mistakes were made that led to injury.

Next, expert testimony explains how negligence contributed to the injury. Much like a witness explaining the details of a crime scene, medical experts can shed light on whether actions such as delayed C-sections or improper use of delivery tools caused cerebral palsy. Their insights help to build a clear picture of what went wrong.

It is also important to understand the legal time limits for filing a medical malpractice claim in Ontario. Typically, families have two years from when they discover the injury to pursue the claim. Unfortunately, missing the deadline can prevent them from securing the compensation needed for long-term care.

The process of proving medical negligence in cerebral palsy caused by birth injury makes legal support vital. An experienced lawyer can help families piece together the evidence, which is required to prove that the injury was preventable.

Let Us Fight for Your Child’s Future

At Sommers Roth & Elmaleh, we understand the emotional and financial burden families face when dealing with the aftermath of cerebral palsy caused by birth injury. As a trusted medical malpractice law firm in Ontario, we have extensive experience in handling cases like yours. We are committed to securing the compensation needed for the long-term care and support that your child deserves.

Over the years, we have helped families achieve outstanding results, including: 

• A girl with cerebral palsy recovering over $15.6 million due to an obstetrician’s botched forceps and vacuum delivery.
• A man with cerebral palsy caused by severe hypoxic-ischemic injury during birth was awarded more than $11 million.

Our team of compassionate medical malpractice lawyers fight relentlessly to make sure that families receive the financial security needed to provide child care without relying on government subsidies or external funding.

You are not alone in this journey. Call Sommers Roth & Elmaleh today at 1-844-940-2386 or contact us here to attain justice, relief, and all the resources necessary for your loved one’s care.