Cerebral Palsy – General Information you should know.


Cerebral Palsy – General Information you should know.
From the legal staff at Irom Law
Copyright © 2005 Irom, Wittels, Freund, Berne & Serra, P.C. All Rights Reserved.

Did you know that approximately 10,000 children born in the United States each year develop Cerebral Palsy?

This extremely serious condition may be the result of a birth injury that caused brain damage, and this birth injury may have been caused or contributed to by physician or nursing error or negligence. Cerebral Palsy affects the bodys ability to control movement and posture and can result in seizures, intellectual impairment, behavioral problems, hearing defects, and vision disorders. It is not possible to cure Cerebral Palsy, but the effects may be reduced through therapy, medication, and sometimes, surgery.

Cerebral Palsy affects the entire body, including the central nervous system and brain. The disorder may occur before birth or during the birthing process, but may not be diagnosed for months or years. The Cerebral Palsy warning signs include:

§ Problems in swallowing food
§ Not being able to crawl or walk at typical stages
§ Involuntary limb or body movement
§ Limited Motion
§ Lack of coordination and balance
§ Writing difficulties
§ Problems with speaking, hearing, or seeing
§ Poor head control
§ Slower development
§ Problems with perception

Cerebral Palsy patients require technology and devices to assist them in their daily lives, including specialized wheel chairs and communication devices. Besides that, in-home care is required for such children. They may have to seek help from a variety of medical professionals, including a speech pathologist, occupational therapist, psychiatrist, and physical therapist.

Special care, however, can be quite expensive. If a child suffers from Cerebral Palsy due to the negligence of a doctor, the hospital or doctor may be held liable. One can seek monetary compensation for medical expenses, pain and suffering, and other necessary costs.

Cerebral Palsy is a condition rather than a disease and is caused by brain damage before, during, or shortly after birth. The following factors generally contribute to the condition:

§ Premature birth
§ Low weight at the time of birth
§ Oxygen deprivation at the time of birth
§ Brain hemorrhage in the child
§ The mother suffering from an infection or illness like rubella, toxoplasmosis, bacterial infection, HIV, or cytomegalovirus
§ Intrauterine exposure to alcohol or drugs
§ The mother and child being Rh incompatibile
§ Jaundice
§ A fall, knock, or accident subsequent to birth
§ Asphyxia subsequent to birth on account of choking, near drowning, or exposure to poisonous materials, etc.
§ Meningitis or encephalitis subsequent to birth
§ Medical error, malpractice, or negligence

If the doctors and nurses involved in the care of a woman during pregnancy or labor and delivery, or of her infant immediately after birth fail to provide adequate care they can be held accountable. These failures to provide adequate care can include:

§ Not responding to the changing conditions and position of the unborn baby during labor
§ Failing to properly treat conditions in the mother during pregnancy
§ Failing to take tests during pregnancy; or failing to interpret the results properly
§ Failing to perform a timely cesarean section if problems arise during the delivery or in light of signs of fetal distress
§ Excessive use of vacuum extraction
§ Not reading the fetal monitor strip correctly
§ Delay in delivery despite:
o Prolonged rupture of membranes (extended period of time since “water broke”)
o Excessive bleeding
o Extended labor
o High blood pressure
§ Administering excessive Pitocin or Misoprostyl

Inducing labor after 42 weeks of pregnancy as well as carefully monitoring the placenta after 30 weeks of pregnancy have passed, are both standard procedures.

Types of Cerebral Palsy

There are four types of cerebral palsy:

§ Spastic cerebral palsy
§ Ataxic cerebral palsy
§ Athetoid cerebral palsy, and
§ Mixed cerebral palsy.

Spastic Cerebral Palsy
This is the most common type of cerebral palsy. Nearly 50 percent of all such cases are accounted for by spastic cerebral palsy. It is typified by stiff, contracted muscles and at times, by paralysis.

Ataxic Cerebral Palsy
This type of birth injury i.e. ataxic cerebral palsy has an effect on balance, coordination, and depth perception. Those suffering from it walk unsteadily, have a lack of coordination, and find it difficult to hone fine motor skills. For instance, they may find it difficult to tie shoelaces or to use a pencil or pen.

Athetoid Cerebral Palsy
This type of cerebral palsy can result in involuntary movement of the hands, arms, legs, and feet. Some of those suffering from it might also experience problems with speech, drooling, and difficulties with control of the facial muscles.

Mixed Cerebral Palsy
Some of those suffering from cerebral palsy victims are affected by more than one type of cerebral palsy

It is possible for all four types of cerebral palsy to result from physician or nursing error or malpractice.

Getting legal help for Cerebral Palsy

Over the past 40 years, the IromLaw firm has grown to be one of the most respected medical malpractice and personal injury law firms in the New York area. With offices in the Bronx and on Wall Street, they are confident in their fight for clients interests because they have a legal staff exclusively dedicated to personal injury sufferers and all the resources necessary to win. As a result, IromLaw has repeatedly obtained multi-million dollar verdicts and settlements on behalf of individuals who have suffered personal injury or wrongful death as a result of medical malpractice, negligence, or misconduct. In addition to handling cases of cerebral palsy that may have been caused by birth trauma leading to Erbs Palsy, mental retardation, seizure disorders, learning disabilities, developmental delays or behavioral disorders, the firm also handles cases involving bodily injuries, head injuries and brain injuries resulting from:

· Police misconduct, such as false arrest, false imprisonment or police brutality;
· Automobile accidents;
· Slip and falls, such as on ice, wax, or water;
· Trip and falls, such as on a broken sidewalk;
· Defective products;
· Construction site accidents;
· Failure by a landlord to provide proper security or a safe premise.

If you or a loved one have been injured, Irom, Wittels, Freund, Berne & Serra, P.C. will ensure that your rights are protected and that you are compensated for your injuries.

To learn more about your personal injury rights and how you can get help, even if you don’t live in New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, read our injury specific articles at http://www.helpwithpersonalinjurylaw.com/, bookmark our main website at http://www.iwfbsnewyork.com/ and track our informational weblog (“blog”) http://help-with-personal-injury-law.blogspot.com/ where you may also leave comments about this article.
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