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Kentucky Cerebral Palsy Lawyers
Counsel for families and victims living with cerebral palsy in Lexington & Louisville
Cerebral palsy (CP) is a condition that causes severe debilitating effects on the normal functions of a baby, such as movement, learning, hearing, seeing, thinking and being able to perform activities of daily living. CP can be congenital or result from the negligence of care providers involved in the baby’s delivery.
At Crandall & Pera Law, our team of attorneys and registered nurses can investigate claims of negligence that resulted in cerebral palsy to help our clients determine which steps to take next. We have helped people throughout Kentucky when their children have suffered from birth injuries because of medical negligence.
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What is cerebral palsy?
According to the Centers for Disease Control (CDC), cerebral palsy affects about 1 in 345 children in the United States. CP is the result of brain damage and can range in severity. Some victims may have a little difficulty walking, while others may require the use of mechanized wheelchairs and electronic communication systems.
CP is classified into four different groups: Spastic, Dyskinetic, Ataxic and Mixed, the final classification being a mixture of the aforementioned three groups.
CP never “gets worse,” but the symptoms may change as years go by. People with CP may also experience problems with their:
- Vision
- Hearing
- Spines
- Speech
- Joints
In some cases, people with cerebral palsy may also develop seizure disorders or suffer from intellectual delays. In all cases, the condition is incurable, so children who develop CP will have it for their entire lives. However, treatment can improve the lives of those who have CP.
What are the symptoms of cerebral palsy?
Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. Symptoms of cerebral palsy can vary widely depending on the type and severity of the condition, but common signs include:
Motor symptoms
Motor symptoms include issues with movement and balance. Some examples include:
- Spasticity: Stiff or tight muscles and exaggerated reflexes that can lead to difficulty with movement and coordination
- Dystonia: Involuntary muscle contractions and abnormal postures or movements
- Ataxia: Poor balance, unsteady gait, and difficulty with fine motor tasks due to lack of coordination
- Athetosis: Slow, writhing movements, particularly in the hands and feet
Coordination and balance Issues
Patients may experience trouble with tasks like writing, buttoning shirts, or using utensils. Frequent stumbling, difficulty walking, or trouble with tasks requiring precise movements are other potential symptoms. The condition may also cause difficulty maintaining a steady posture or walking without support.
Muscle tone abnormalities
Cerebral palsy may cause decreased muscle tone, leading to "floppiness" in the limbs. Conversely, increased muscle tone may cause muscles to be stiff and resistant to movement.
Speech and communication difficulties
This symptom may include difficulty with articulation, poor control of the muscles used for speech, or trouble with verbal communication. Patients may also experience difficulty swallowing, which can lead to feeding issues and risk of choking.
Cognitive and developmental delays
Cerebral palsy may lead to challenges with cognitive processing, learning, and problem-solving. Children may experience delays in reaching developmental milestones, such as sitting, crawling, or walking.
Sensory impairments
This condition may cause problems with eye movements, visual tracking, or perception and difficulty with hearing or processing auditory information.
Behavioral and emotional issues
Children may have difficulty managing emotions or responding to social cues. They may also experience challenges with behavior, including impulsivity or aggression.
Additional symptoms
Some individuals with cerebral palsy may experience seizures and persistent abnormal postures or movements.
The symptoms of cerebral palsy can range from mild to severe and may change over time. Early diagnosis and intervention are crucial for managing symptoms and improving quality of life. If you suspect your child might have cerebral palsy, consulting with a healthcare provider for a comprehensive evaluation and appropriate treatment is essential.
When is cerebral palsy a result of medical malpractice in Kentucky?
Cerebral palsy (CP) may result from medical malpractice if negligent or substandard care during pregnancy, labor, or delivery causes harm to the infant. Here are key situations where cerebral palsy might be linked to medical malpractice:
- Failure to monitor fetal health: Failure to properly monitor the fetal heart rate and other vital signs during labor can lead to undetected signs of distress or oxygen deprivation. For instance, if providers ignore or misinterpret abnormal fetal monitoring results that indicate a risk of brain damage.
- Mismanagement of labor and delivery: Another potential cause is the failure to promptly perform a necessary cesarean section (C-section) or use appropriate delivery techniques in cases of complications like shoulder dystocia or breech presentation. Incorrect use of forceps or vacuum extractors can cause trauma or oxygen deprivation to the baby.
- Failure to address maternal health issues: The failure to manage maternal conditions that can affect the baby, such as preeclampsia, diabetes, or infections, can lead to complications during delivery.
- Failure to provide adequate prenatal care: Doctors may fail to identify and manage conditions during pregnancy that could contribute to cerebral palsy, such as infections or abnormal fetal development. Not providing appropriate counseling or intervention for high-risk pregnancies, including the need for additional monitoring or specialized care, is a potential form of negligence.
- Failure to respond to obstetric emergencies: Slow response to obstetric emergencies, such as umbilical cord prolapse or placental abruption, can result in oxygen deprivation and brain damage. Additionally, a doctor may fail to provide timely and effective resuscitation efforts if the baby shows signs of distress or compromised oxygen supply at birth.
- Errors in interpretation of medical data: Incorrect interpretation of prenatal or labor data that leads to inappropriate decisions or actions may exacerbate or cause harm to the baby.
- Postnatal care issues: The failure to address or recognize complications that arise immediately after birth, such as infections or jaundice, could impact brain development.
- General standards of care: Any action or omission that deviates from accepted medical standards and directly contributes to the development of cerebral palsy may be considered malpractice.
To establish a medical malpractice claim, you must demonstrate that the healthcare provider's actions fell below the standard of care expected in the medical community and that this deviation caused your or your child’s cerebral palsy. Medical experts are often required to testify about the standard of care, the negligence involved, and the direct link between the negligence and the injury. Collecting and reviewing medical records, including prenatal care, labor and delivery records, and postnatal care, is essential for building a case.
Determining whether cerebral palsy is a result of medical malpractice involves a thorough investigation of the medical care the facility and doctor provided before, during, and after birth. If you suspect healthcare provider negligence may have contributed to the development of cerebral palsy, it is important to consult with a Kentucky cerebral palsy attorney at Crandall & Pera Law. We can help evaluate your case, gather evidence, and navigate the legal process to seek appropriate compensation.
What is the value of my cerebral palsy claim?
The value of a cerebral palsy (CP) claim can vary widely based on multiple factors. To estimate your claim’s value, we consider several key elements.
- Medical expenses are a major factor. Expenses may include both current costs, such as hospital stays, surgeries, and medications, as well as anticipated future expenses for ongoing therapies, specialized equipment, and future treatments.
- Lost income and earning capacity also play a role. Earnings include compensation for any wages parents lost because they had to reduce their work hours or take time off to care for the child, as well as potential future earnings the child might have lost due to the impact of CP on their ability to work.
- Pain and suffering is another important consideration. This factor includes compensation for the child's physical pain and suffering, as well as the emotional and psychological distress experienced by both the child and the family.
- Permanent disability or disfigurement affects the claim’s value as well. Cases where CP results in significant and permanent disabilities or disfigurement typically lead to higher compensation amounts.
- The impact on family relationships is also factored in. Compensation may be provided for the loss of companionship, support and the overall effect of the child’s condition on family dynamics.
Additional factors such as the severity of the injury, evidence of negligence, and insurance coverage can also influence the compensation amount. Severe cases of CP, strong evidence of medical negligence, and available insurance coverage can all significantly affect the claim’s value.
Special considerations may include costs for specialized education, vocational support, and necessary home modifications to accommodate the child's physical needs.
The experienced Kentucky cerebral palsy attorneys at Crandall & Pera Law can help assess your case. We evaluate medical records, consult with financial and medical experts, and negotiate with insurance companies to seek a fair settlement. If necessary, we can represent you in court to fight for the appropriate compensation. Consulting with a skilled attorney is essential to accurately assess the value of your claim and to navigate the legal process effectively. We can help.
Who is liable for my child’s cerebral palsy?
Determining liability for your child's cerebral palsy (CP) involves identifying whether the condition resulted from medical negligence or other failures during pregnancy, labor, or delivery. Here are potential parties that could be held liable:
- Healthcare providers: Obstetricians and gynecologists may be liable if they fail to provide appropriate care during pregnancy or delivery, such as by not addressing complications or not performing a necessary cesarean section (C-section) in time. If a midwife was involved in the delivery and their actions or inactions contributed to the CP, they may be held liable. Nurses who assisted during labor and delivery could be liable if they failed to monitor the mother and baby properly or mismanaged the delivery process.
- Hospitals and medical facilities: Hospitals may be liable for systemic issues such as inadequate staffing, lack of proper training, or faulty equipment that leads to complications or inadequate care. If defective medical equipment contributed to the CP, the manufacturer or distributor of the equipment could be liable.
- Anesthesiologists: If an anesthesiologist made mistakes in administering anesthesia that led to complications during delivery, they could be held responsible.
- Prenatal care providers: Providers who failed to identify or properly manage conditions during pregnancy that contributed to CP might be liable.
If you suspect your or your child’s cerebral palsy was caused by medical malpractice:
- Consult with an attorney: An experienced Kentucky medical malpractice lawyer can help evaluate your case, identify potentially liable parties, and guide you through the legal process.
- Obtain medical records: We can help collect comprehensive medical records related to pregnancy, labor, and delivery, as well as postnatal care.
- Engage experts: We also work with medical experts to assess your case and provide testimony on the standard of care and the connection between negligence and cerebral
Determining liability for your child’s cerebral palsy involves a detailed investigation into the medical care provided before, during, and after birth. Consult with the knowledgeable Kentucky birth injury attorneys at Crandall & Pera Law to identify the responsible parties and pursue appropriate compensation.
Take back control after your child has been diagnosed with cerebral palsy in Kentucky
Crandall & Pera Law has seen firsthand the devastating effects a birth injury can have on a family. If you suspect that your child’s CP was the result of medical negligence, contact us to discuss what happened. We will sit down with you to discuss your case; if the evidence points to medical malpractice, we work hand in hand with you as well as outside medical experts to build a strategy tailored to your family’s needs. To schedule a no-obligation consultation, please call our offices or fill out our contact form. We have offices in Lexington and Louisville, Kentucky for your convenience.