Cerebral Palsy

Cerebral palsy and other birth injuries are often the result of a health care provider’s careless mistake. Caring for a child with cerebral palsy can be extremely challenging, due to the resources required. At Lebowitz & Mzhen, Personal Injury Lawyers, our experienced Baltimore birth injury lawyers are dedicated to helping families in Prince George’s County and throughout Maryland pursue the compensation they deserve. If you or someone close to you has been harmed as a result of a health care provider’s negligence, it is important to speak to an attorney who can help you understand your rights.

The term cerebral palsy actually refers to a group of neurological disorders that affect someone’s ability to move and maintain balance and posture. This condition is caused by damage to the developing brain, usually before or during birth, or shortly after birth. This damage can result from various factors, including lack of oxygen, infections, or head injuries.

People with cerebral palsy can experience a wide range of symptoms, depending on large part on which type of cerebral palsy they have. For example, muscle stiffness, weakness, lack of coordination, and difficulty with fine motor skills are all common. In some cases, cerebral palsy may also be accompanied by other challenges, such as intellectual disabilities, vision or hearing impairments, and seizures.

Cerebral palsy is usually caused by abnormal brain development or damage to the developing brain, which can occur before, during, or shortly after birth.

Prenatal Causes (Before Birth)

Many cases of cerebral palsy can be traced back to problems that occurred during pregnancy. For example, infections such as rubella (German measles), cytomegalovirus, or toxoplasmosis can affect the developing brain of the fetus. A reduction in oxygen supply to the baby's brain during pregnancy, often due to problems with the placenta or umbilical cord, can also lead to brain damage. Finally, if the mother was exposed to harmful substances, it may increase the risk of cerebral palsy.

Perinatal Causes (During Birth)

Otherwise healthy babies can develop cerebral palsy if there are complications or mistakes during the labor and delivery process. For example, any complication during labor and delivery that reduces the oxygen supply to the baby's brain, such as prolonged or difficult labor, can result in cerebral palsy. Babies that are born prematurely are also at higher risk of cerebral palsy, as their brains are typically less developed and more vulnerable to injury. Similarly, infants with low birth weight are at increased risk of cerebral palsy.

Postnatal Causes (After Birth)

While most cases of cerebral palsy occur during or before birth, it is possible for an infant to develop cerebral palsy shortly after birth. Typically, this is the result of a severe infection, such as meningitis or encephalitis. However, traumatic head injuries, such as those caused by accidents or falls, can result in a cerebral palsy diagnosis. Finally, severe, untreated jaundice in newborns can lead to a type of brain damage called kernicterus, which has been known to cause cerebral palsy.

On average, the lifetime cost of care for an individual with cerebral palsy in the United States is estimated to be around $1 million to $3 million. Of course, this figure can be higher or lower depending on the severity of the condition and the specific needs of the individual. According to several different studies and estimates, there are various types of costs incurred:

Direct Medical Costs: Direct medical costs are expenses related to doctor visits, hospital stays, surgeries, medications, and therapies (such as physical, occupational, and speech therapy). These costs can vary widely depending on the severity of the condition but can range from hundreds of thousands to over a million dollars over a lifetime.

Indirect Costs: Indirect costs include non-medical costs such as specialized education, transportation, home modifications, assistive devices, and the potential loss of income for both the individual with cerebral palsy and their caregivers. Indirect costs can also be significant, sometimes exceeding the direct medical expenses.

These costs can place a heavy financial burden on families, making it essential for those affected to explore various options for financial assistance, including government programs, insurance, and potential legal claims if the condition resulted from medical negligence.

If you believe your child’s cerebral palsy was a result of medical negligence, you may be able to file a malpractice lawsuit against the at-fault party. Medical malpractice cases are simply civil negligence cases involving a health care professional. Medical negligence occurs when a health care professional fails to use the required level of care and causes injury or harm to a patient. Most types of medical professionals may be liable for negligence, including doctors, nurses, specialists, and hospitals.

In order to establish a medical malpractice case, you must demonstrate four main elements.

1. The health care provider must have owed the patient a duty of care.
2. The provider breached that duty through some action or inaction.
3. The health care provider’s breach was the direct cause of the patient’s harm.
4. The patient suffered legally recognizable damages.

In Maryland, there is a specific procedure that must be followed for lawsuits filed against health care professionals. Prior to a lawsuit filed in the appropriate Court, the case must first be filed as a Statement of Claim, with a Certificate of Qualified Expert and Expert Report, with the Maryland Health Care Alternative Dispute Resolution Office.

At its heart, the law requires that a physician in the same medical specialty as the Defendant health care provider explain the way in which the Defendant health care provider has failed to act with reasonable competence, and then, what injuries and damages flowed to the patient from the health care providers substandard medical care.

In cases involving birth trauma, such as cerebral palsy, it is often the case that the Defendant health care provider ignored fetal monitoring strips that reflected fetal distress that resulted in lack of oxygen being delivered to the infant. Without oxygen, vital organs, such as the baby's brain, are often permanently damaged.

At Lebowitz & Mzhen, Personal Injury Lawyers, our Baltimore medical malpractice attorneys have over two decades of experience helping Maryland residents protect their rights. We understand that this is a stressful time, and you can expect compassion from our entire team at every step of the process. We also serve families from other areas of Maryland and Washington, D.C. To set up a free, no-obligation consultation, call our toll-free number at (800) 654-1949 or our local number at (410) 654-3600. You can also contact us online.