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Cerebral Palsy

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Cerebral Palsy Lawyers in Louisville, KY

Cerebral palsy is one of the most devastating diagnoses new parents can receive. The impact cerebral palsy can have on your baby and your family is permanent and life-altering. When a medical professional’s actions result in a cerebral palsy diagnosis, there are steps you can take to hold any negligent parties accountable for the harm done to your child by pursuing a birth injury lawsuit against them.

At Wilt Injury Lawyers, we take cerebral palsy very seriously. Pregnancy, labor, and delivery complications should never stem from medical negligence. Suppose an error caused your baby’s condition. In that case, a qualified Kentucky cerebral palsy lawyer can help you secure the compensation your family will need to cope with such a difficult diagnosis. Contact our attorneys in Lexington or Louisville today.

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What is Cerebral Palsy?

Cerebral palsy, or CP, is a congenital disorder that impacts muscle tone, posture, and movement. Per the CDC, “CP is the most common motor disability in childhood. Cerebral means having to do with the brain. Palsy means weakness or problems with using the muscles. CP is caused by abnormal brain development or damage to the developing brain, affecting a person’s ability to control his or her muscles.”

Cerebral palsy is caused by abnormal brain development or an injury to the brain during pregnancy, labor, or delivery. This condition often requires lifelong care, and there is not currently a cure for cerebral palsy. In many cases, a newborn may suffer from oxygen deprivation at some point in utero or during delivery. It is here that medical professionals can be negligent in their care of the mother or the baby, causing or failing to prevent or treat the oxygen deprivation that can damage the baby’s brain.

Wilt Injury Lawyers can take a closer look at the circumstances of your case to determine whether pursuing a birth injury claim is in your best interests and your child’s.

What Causes Cerebral Palsy?

There are a variety of things that can cause CP, including when physicians and obstetricians:

  • Failing to identify and treat infections in the mother and child can result in the development of CP.
  • Delay procedures. Doctors who cause minor delays, especially in cases of cesarean sections, can cut off oxygen to a baby’s brain.
  • Improper use of instruments. Trauma to the head and brain can occur when doctors and their staff use instruments such as vacuums and forceps improperly.

CP affects brain and bodily functions, and the symptoms of cerebral palsy may not appear for weeks or months after a child’s birth. Diagnoses usually occur when a child begins to experience developmental delays, problems with coordination, and sensory functions.

The causes of Erb’s palsy are hotly contested by obstetricians and by patients that have been affected by it. Adults with Erb’s palsy believe they were injured as babies and that they would not have been if their doctors had behaved differently, as Erb’s palsy is considered a preventable injury. We also hear the same from new parents whose infants have suffered these injuries.

You may have an Erb’s palsy medical malpractice case if your doctor used forceps or a vacuum extractor improperly, tugged on the baby’s head or neck while the shoulders were making their passage through the birth canal, pulled on the arms or shoulders during a head-first delivery, or pulled on the feet during a breech birth. The Kentucky birth injury attorneys at Wilt Injury Lawyers can talk with you about the details of your potential claim in a personal and free consultation.

The Signs and Symptoms of CP

The CDC notes that infants should reach certain milestones in movement between birth and five years old. Failure to meet these milestones, as well as showing other symptoms, can be a signal of cerebral palsy. Early signs of CP include:

For babies 3 to 6 months old:

  • The head falls back when picked up while lying face up
  • Feels unnaturally stiff or floppy
  • Seems to overextend back and neck when cradled in someone’s arms
  • Legs get stiff and cross or scissor when picked up

For babies over 6 months old:

  • Doesn’t roll over in either direction
  • Cannot bring their hands together
  • Has difficulty bringing hands to mouth
  • Reaches out with only one hand while keeping the other fisted

For babies over 10 months old: 

  • Crawls in a lopsided manner, pushing off with one hand and leg while dragging the opposite hand and leg
  • Scoots around on buttocks or hops on knees, but does not crawl on all fours

These symptoms can also be a sign of other medical conditions. So, ensure you have your child examined by a medical professional as soon as possible to rule out other issues.

Different Types of Cerebral Palsy

There are several types of CP, classified by the body part affected, the type of movement affected, and the severity of symptoms. Some forms of CP involve intellectual disabilities as well, and some do not. The National Institutes of Health breaks down the different types of cerebral palsy as follows:

  • Spastic cerebral palsy, the most common form of CP. Those with spastic CP have stiff muscles, causing jerky or repetitive movements. There are also several sub-types of spastic CP, which are categorized according to the affected body part. These include spastic hemiplegia (arms and hands), spastic diplegia (legs), and spastic quadriplegia (arms, legs and neck).
  • Dyskinetic cerebral palsy involves slow and/or uncontrollable jerky movements of the hands, feet, arms, or legs. A person’s facial muscles and tongue may be overactive, causing drooling. This type of CP can cause people to have trouble sitting straight or walking. It’s important to note that those with dyskinetic cerebral palsy typically do not have intellectual or cognitive issues.
  • Ataxic cerebral palsy is a type of CP that affects balance and depth perception. Those with ataxic CP may walk unsteadily and struggle with detailed or quick movements, like buttoning a shirt or writing by hand.
  • Mixed is simply a mix of the different types of cerebral palsy.

When to File Your Claim

Cerebral palsy is not a condition that is typically diagnosed soon after birth. In fact, in some cases, it can be years before the brain damage is discovered and a cerebral palsy diagnosis confirmed. This can make it difficult for families to know whether they have the right to seek compensation through a medical malpractice claim.

In such cases, your best option is to speak with a Kentucky cerebral palsy attorney at Wilt Injury Lawyers. We can carefully review the details of your case and the medical records associated with your child’s birth. If there was a breach in the standard of care, you may have a valid case.

For example, perhaps the Kentucky obstetrician delivering your baby failed to take notice of the brain injury, misdiagnosed your baby, or failed to take precautions that could have prevented your baby from suffering brain damage. In this case, the obstetrician may be liable for your baby’s cerebral palsy diagnosis. Our attorneys can investigate every aspect of your case to determine the cause of your child’s CP and your potential claim in a personal and free consultation.

Do you have a cerebral palsy attorney near me?

Wilt Injury Lawyers has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A Louisville, KY 40223
Phone: 502-253-9110

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Lexington Office

196 W. Lowry Lane, Suite 1 Lexington, KY 40503
Phone: 859-263-8818

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