Neonatal Encephalopathy: Linking Cerebral Palsy to Malpractice

Did you know that many things can go wrong during childbirth? A missed sign or slow response, for example, can turn a healthy delivery into a medical emergency.

Neonatal encephalopathy is a type of brain injury caused by a lack of oxygen. Sometimes, it happens suddenly without warning or time to prepare. In many cases, however, there were signs.

The effects may not show immediately. However, over time, the problems become clear, and cerebral palsy symptoms like stiff muscles, trouble swallowing, or delays in crawling, walking, or talking become obvious.

This blog explains what neonatal encephalopathy is, how it is linked to cerebral palsy, and how medical errors during delivery can be the cause.

The Broad View of Neonatal Encephalopathy

Neonatal encephalopathy happens when a baby’s brain fails to get enough oxygen or blood during or right after birth. The lack of oxygen can cause serious damage in just minutes. This condition can affect both premature and full-term babies, too.

Neonatal encephalopathy causes may include problems during a long labour, delayed medical responses, or mistakes in care.

Parents can spot neonatal encephalopathy symptoms such as poor muscle tone, trouble breathing, weak reflexes, seizures, or difficulty feeding. These signs usually appear shortly after birth. When it is not handled fast enough, the results can be life-altering.

How Neonatal Encephalopathy Can Lead to Cerebral Palsy

Cells start to break down and vital signals are lost when there is no oxygen in a child’s brain. The brain may never fully recover, thus creating a pathway of how neonatal encephalopathy leads to cerebral palsy.

Cerebral palsy (CP) is a group of disorders that affect a person’s ability to move, balance, and maintain their posture. This condition can come in various forms:

• Spastic cerebral palsy: This happens when the part of the brain that controls movement is injured. The child will have stiff muscles and poor balance.

• Dyskinetic cerebral palsy: This occurs if the damage affects areas that control coordination. Defects entail jerky, involuntary movements.

• For some children, the symptoms are mixed. They may have trouble walking, speaking, or controlling their arms.

These are just a few examples of what causes cerebral palsy when a brain injury occurs early.

Signs and Symptoms of Cerebral Palsy in Newborns

One of the first signs and symptoms of cerebral palsy in newborns is weak muscle tone. Some babies feel floppy, while others feel stiff. They may struggle to move one side of the body or keep their head up.

How they feed can also be a sign. Some babies have trouble sucking or swallowing. They may gag or choke often. 

Parents should watch for cerebral palsy symptoms like poor reflexes, clenched fists, or stiff legs that don’t relax. These can show up in the first weeks or later in the first year.

Other neonatal encephalopathy symptoms are seizures, very low APGAR scores, limpness, or shallow breathing right after birth. APGAR is a quick test done on a newborn at 1 and 5 minutes after birth to check their overall condition. The scores look at five factors:

• A – Appearance (skin colour)
• P – Pulse (heart rate)
• G – Grimace (reflexes and response to stimulation)
• A – Activity (muscle tone)
• R – Respiration (breathing effort)

How Medical Negligence Is Investigated

When a baby is diagnosed with neonatal encephalopathy, many parents are left in the dark. They are often told it was “just one of those things,” but sometimes, it wasn’t, hence why legal investigation matters.

Experienced birth injury lawyers work with medical experts to look deeper. They study heart rate strips, check how long doctors waited before acting, and examine delivery notes, APGAR scores, and all timing records.

These experts put in the effort to piece together the reasons for cerebral palsy. This entails looking for mistakes that hospitals may not admit to and finding answers hidden in the fine print.

You Deserve Answers, and Sommers Roth & Elmaleh Deliver Them

When your child’s future is on the line, you deserve the full story, not just the one you are given.

At Sommers Roth & Elmaleh, we help families across Ontario get those answers. We have stood beside parents facing the hardest moments of their lives and handled complex cases like neonatal encephalopathy with care, skill, and results.

Our legal team also works closely with top medical experts to uncover what happened. We are medically knowledgeable on what causes cerebral palsy, and understand how to prove it in court.

Parents who have noticed some of these cerebral palsy symptoms or feel their child has suffered due to medical negligence should talk to us.

Call Sommers Roth & Elmaleh today at 1-844-940-2386 or email contact@srepc.com to speak directly with a team that understands what you are going through and knows how to help. You have nothing to lose and everything to fight for.

FAQs: What Parents Ask Most

Is medical malpractice the cause of all cerebral palsy cases?

No. Some cases happen naturally, without any mistakes. However, many are tied to neonatal encephalopathy causes, like oxygen loss during labour.

What is the first step to take if I suspect malpractice?

Start by talking to a birth injury lawyer. They will help you understand your rights in Canada, request medical records, and explain what causes cerebral palsy from both a legal and medical point of view.

How long do I have to take legal action after a birth injury?

In Ontario, parents or victims have two years from the date they first knew, or should have known, about the injury to start a claim. However, birth injury cases are unique.