Cerebral Palsy - The Medical Malpractice Case

8 out of 10 individuals injured by medical malpractice never discover that they have been so injured, nor are claims brought on behalf of these 80 percent of individuals.

Approximately 5% to 10% of individuals suffering from cerebral palsy may have suffered their injury as a result of medical malpractice. Common factors in these cases include:

Birth at or after 36 weeks of gestation (normal gestation is 40 weeks -- full term)
A birth weight in excess of 3 lbs., 4 oz.
Poor suck on feeding after birth
Seizures within 24 to 48 hours after birth
The child is floppy and/or flacid at birth
Blue or dusky skin color at birth
The baby is not breathing at birth and needs resuscitation
Babies born at full term who are not discharged from hopital with their mothers, but need to stay longer.
No trauma or infections during the course of the mother's pregnancy.
No family or genetic history or brain damage in family members.
Difficulty in maintaining a stable temperature after birth
Prolonged ruptured membranes during labor
Meconium staining (greenish) on baby at time of delivery

Types of cerebral palsy:

Spastic cerebral palsy is the most common form. Children show hyper-excitability progressing with age to spasticity and rigidity in the muscles. Doctors speak of scissoring of the legs in early stages. The syndrome affects, in any combination and severity, from one to all of the limbs and the head and neck.
Extrapyramidal cerebral palsy is usually not diagnosed until the age of six months. It is characterized by decreased muscle tone early in childhood, progressing to "writhing" and "movements" later on.
Atonic cerebral palsy is much like extrapyramidal except that tendon reflexes may be brisk and a severe mental defect is usually present.
Mixed types generally have a combination of symptoms of the other palsies. <back

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