What is Cerebral Palsy?
 
cerebral palsy malpracticeThe term cerebral palsy refers to any one of a number of neurological disorders that appear in infancy or early childhood and permanently affect body movement and muscle coordination but don't worsen over time. Even though cerebral palsy affects muscle movement, it isn't caused by problems in the muscles or nerves.  It is caused by abnormalities in parts of the brain that control muscle movements.  The majority of children with cerebral palsy are born with it, although it may not be detected until months or years later. The early signs of cerebral palsy usually appear before a child reaches 3 years of age.  The most common are a lack of muscle coordination when performing voluntary movements (ataxia); stiff or tight muscles and exaggerated reflexes (spasticity); walking with one foot or leg dragging; walking on the toes, a crouched gait, or a scissored gait; and muscle tone that is either too stiff or too floppy.  A small number of children have cerebral palsy as the result of brain damage in the first few months or years of life, brain infections such as bacterial meningitis or viral encephalitis, or head injury from a motor vehicle accident, a fall, child abuse and sadly from inadequate care or medical negligance during the pregnancy, during labor and delivery, or immediately after the delivery of the infant.  Failing to do so can result in the doctors and nurses being held accountable for the outcome of the pregnancy. Some of the problems that can occur include:
 
  • Failure to order specific tests during pregnancy; and not interpreting these tests correctly.
  • Failure to interpret and respond to the changing conditions of the fetus during labor.
  • Failure to act on changes in the mother's condition during pregnancy.
  • Failure to perform a cesarean section in the presence of fetal distress
  • Failure to deliver the infant when the membranes have been ruptured for too long.
  • Excessive use of vacuum extraction.

     Lack of oxygen to the brain or trauma to the head during labor and delivery can cause cerebral palsy. If the infant does not get enough oxygen the brain can be injured. There are many factors that suggest the injury occurred as a result of improper medical care, or insult to the brain during the birthing process:

 
  • The infant demonstrates poor sucking after birth.
  • The infant needs resuscitation at, or shortly after birth because he/she is not breathing.
  • The child is floppy at birth.
  • The skin is blue or dusky at birth.
  • There was no indication of trauma or infection during the pregnancy.
  • A baby who was born full-term, but does not go home at the same time as the mother.
  • There is no history in the family of brain damage.
  • The bag of waters was ruptured for over 24 hours.
  • There is meconium (fecal) staining on the baby at the time of delivery
  • The infant has problems maintaining temperature after birth.
One of our recent verdicts
RIVERHEAD NY- A jury in State Supreme Court in Suffolk County awarded a record $80 million last week to the family of a twin girl who was born 10 weeks premature and suffers from cerebral palsy. The family charged doctors with faulty prenatal care. The award is the highest ever recorded in the county, according to the New York Jury Verdict Reporter, an East Islip-based research and publishing company that tracks about 80 percent of the awards in the state. It surpassed the $10.7 million awarded in a 1999 personal injury case.
 
 

 


Duffy, Duffy and Burdo, Esqs.
Medical Malpractice, Personal Injury Litigation - Uniondale, New York
(516) 394-4200 - mduffy@ddandb.com
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