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Could medical malpractice be the cause of my child’s cerebral palsy?

Injury Attorneys | Restoring LivesTM

August 25, 2016 | Brain Injuries, Medical Malpractice |

When an infant is born with cerebral palsy, it could could have be caused by 2 factors: incidents occurred during pregnancy or by avoidable medical mistakes made by the physician or other medical staff present during labor and delivery.

What is Cerebral Palsy?

Cerebral palsy (CP) is the most common neurological disorder in children in the United States. It affects muscle movement and control, muscle tone and stiffness, and posture. It can be either congenital, meaning that a baby can be born with the disorder, or acquired, meaning that the disorder happened after birth due to a brain injury.

People with CP may have vision impairments, difficulties swallowing, epilepsy, an inability to walk, a limited range of movement, and intellectual disabilities. These symptoms vary, however, as there’s a range in severity.

Previously, it was believed that a disruption in oxygen to an infant’s brain, or Hypoxic Ischemic Encephalopathy (HIE), was the leading cause of cerebral palsy. Doctors and researchers now believe that malformation of the brain, abnormal brain development, and brain injuries are more common causes.

CP is typically diagnosable by age two or three, when the child is expected to hit certain developmental milestones. While it is not a progressive disorder, it cannot be cured. Cerebral palsy is only treatable, and treatment is eternally costly.

Types Cerebral Palsy

Cerebral palsy is categorized into 2 types: Spastic and non-spastic. In some instances, a child won’t fall into either of these categories. This is referred to as mixed cerebral palsy. Other types of cerebral palsy are as follows:

Spastic cerebral palsy

Spastic cerebral palsy is the most common and is characterized by increased muscle tone. Spastic cerebral palsy is broken up into four types, and they’re organized by which muscles and limbs are affected:


The entire body has been affected. The torso as well as the muscles that control the tongue, windpipe, and mouth can also be affected. This makes eating, drinking, and talking challenging.


One arm or one leg is affected.

Hemiplegia, diplegia, and paraplegia

One arm and one leg on the same side of the body are affected. These are the most common types of spastic cerebral palsy.


Both arms and one leg, or both legs and one arm, are affected.

Non-Spastic Cerebral Palsy

Non-spastic cerebral palsy is characterized by either decreased or fluctuating muscle tone. Non-spastic cerebral palsy is broken up into two types:

Ataxic Cerebral Palsy

Ataxic cerebral palsy is the rarest type, and it involves the entire body. Vision difficulties, like trouble with depth perception, may be present. It affects:

  • Posture
  • Movement
  • Balance
  • Coordination
  • Hand control


Dyskinetic cerebral palsy is associated with muscles fluctuating from limp to stiff. It involves jerky, involuntary movement of the hands, feet, neck, arms, legs, and sometimes torso. Dyskinetic CP is further broken down into two subgroups:


Athetoid cerebral palsy involves near-constant involuntary movements, specifically in the hands, arms, and legs. Individuals with athetoid cerebral palsy tend to develop problems with their cervical spine, potentially resulting in whole-body disability.


Dystonic cerebral palsy affects primarily the torso, often causing a twisted, locked posture.

Types of Severity for Cerebral Palsy

Cerebral palsy is classified on scale of mild, moderate, severe, or no CP.

In cases of mild cerebral palsy, a child has the competent ability to move on their own without assistance and experiences no disruptions to normal daily activities.

A child with moderate cerebral palsy will require the use of braces and medication with some assistance for normal daily activities.

A child with severe cerebral palsy will require lifelong use of a wheelchair and will need assistance for all normal daily activities.

To receive a diagnosis of no CP, the child will have signs of cerebral palsy. However, the damage was done after the completion of brain development rather than during or after birth.

Costs of CP

Every parent wants the best for their child, but treatment for CP can run as high as $1 million over the course of a lifetime for social, educational, medical, rehabilitation accommodations, and special equipment. That’s not to say that, with proper treatment, people with CP can’t live a comfortable life. We know you want the absolute best care for your child and you’ll do everything in your power to give that to them.

Mistakes that cause a lifetime of complications should be repaid to those who were hurt, especially when the mistakes were avoidable.

Cerebral Palsy Medical Malpractice Lawyers

If you believe you have a medical malpractice case due to your child’s cerebral palsy, your first step is to contact an attorney for a medical review of your claim. Proving that cerebral palsy was caused by medical malpractice can be difficult and time-consuming. But if there is a determination of malpractice, a financial settlement not just for treatment costs, but for the medical mistake itself, may be available.

With a strong and trustworthy medical malpractice attorney, you’ll have someone advocating for what’s rightfully yours. Contact the attorneys at WKW for a consultation to decide how to best move forward with your case.

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