Cerebral palsy refers to permanent movement disorders that can result from birth injury, and particularly from brain damage that occurs during or shortly after birth. This brain damage may be caused by failures to perform a timely C-section, failures to diagnose or treat certain conditions (infections, hypoglycemia, seizures, etc.), or by other instances of negligence which results in oxygen deprivation.
Although cerebral palsy can range in severity and symptoms, it has the potential to create life-long challenges for both children and their families. This includes a number of direct and indirect expenses, including medical costs, medications, and accommodative needs. The exorbitant costs of raising a child with cerebral palsy make it important for families to take legal action when the condition could and should have been prevented if not for the negligence of a health care provider.
Beam Legal Team has cultivated national recognition for handling challenging birth injury cases, including those involving cerebral palsy. Because these cases present unique challenges both legally and emotionally, families often struggle to not only determine whether and how their child suffered a preventable birth injury and if they have a valid claim, but also what exact condition their child suffers from.
Challenges in Diagnosing Cerebral Palsy
When it comes to brain injuries in infants, and especially when that brain damage results in cerebral palsy, it can take time for medical professionals to make an accurate diagnosis of a child’s condition and a prognosis as to how it will impact their lives. Unfortunately, there is no singular test to diagnose cerebral palsy, which means that parents and families can face a long and at times frustrating process. This is because most cerebral palsy diagnoses require development of the brain and continued monitoring as a child progresses through infancy.
Diagnosing Severe and Mild Cases
Children with severe cases of cerebral palsy, such as spastic quadriplegia cerebral palsy, may be diagnosed shortly after birth, but most children will be diagnosed within the first two years. However, there are cases that can take longer to diagnosis.
A diagnosis in mild cases may not be made until a child reaches three to five years of age, when the brain is fully developed. Oftentimes, a pediatrician will not use the term cerebral palsy to avoid alerting the family of a child with cerebral palsy that perhaps the injury was caused by the doctors or hospital at birth.
In addition, diagnosing mild cases of CP can entail the following challenges:
- Variability in Symptoms: Mild CP can present with a wide range of symptoms, making recognition difficult.
- Overlap With Normal Development: Some symptoms may be mistaken for normal variations in development.
- Delayed Onset of Symptoms: Signs of mild CP may not become apparent until later, hindering early identification.
- Coexistence With Other Conditions: Mild CP may occur alongside other developmental or medical issues, complicating diagnosis.
Early Signs and Symptoms of CP
Early recognition is difficult, but it is also vital for accessing support services that can improve the child’s long-term well-being.
While every child develops at their own pace, here are some indicators that may suggest a potential CP diagnosis:
- Delayed Milestones: Children with CP might reach developmental milestones, such as rolling over, sitting up, crawling, or walking, later than expected. Persistent delays, especially when accompanied by other concerning symptoms, may warrant medical evaluation.
- Muscle Tone Abnormalities: Infants with CP may exhibit unusual muscle tone, characterized by stiffness (hypertonia) or floppiness (hypotonia) in their limbs. These differences in muscle tone can affect movement and posture.
- Difficulty With Motor Skills: Challenges in coordinating movements or performing fine motor tasks, like grasping objects or reaching for toys, could indicate potential motor impairment associated with CP.
- Reflex Issues: Abnormal reflexes, such as a persistent Moro reflex (startle response) beyond the typical age range, may be observed in infants with CP.
- Unusual Postures or Movements: Certain abnormal postures or movements, such as favoring one side of the body or persistently clenched fists, might raise concerns about CP.
Differentiating these signs from typical child development can be challenging and emotionally overwhelming for families. While some delays or variations in muscle tone may be within the range of normal development, persistent or severe symptoms warrant attention. Parents and caregivers are encouraged to seek medical guidance if they have any concerns about their child’s development or notice any unusual signs or symptoms suggestive of CP.
Medical Attention and Testing Are Essential
Should there be concerns as a child grows and develops over months or even years, medical professionals and specialists may perform various tests, including imaging tests of the brain, to check for signs of damage or impairment and rule out other possible causes.
Although it may take time to arrive at an accurate diagnosis for cerebral palsy, ensuring that the condition is ultimately identified is the top priority, as doing so can help families address the unique needs of their child as they mature. Additionally, an accurate diagnosis can be important when families choose to pursue birth injury lawsuits when it is believed the condition could and should have been prevented. These lawsuits enable victims and families to hold negligent medical professionals accountable and to pursue financial compensation for their damages and future needs.
Know Your Rights and Options
If your child has been diagnosed with cerebral palsy due to a medical error, or if you suspect a possible birth injury, you can find the support and assistance you need with our Chicago birth injury lawyers at Beam Legal Team. Over the years, we have recovered millions of dollars in compensation for our clients. This includes landmark victories and multi-million-dollar recoveries in challenging cerebral palsy cases. In fact, our firm received widespread distinction after we secured a $144 million jury award on behalf of a child who was diagnosed with cerebral palsy related to birth trauma.
To speak personally with a member of our legal team about your rights and options, contact us for a FREE consultation. We proudly serve clients throughout the U.S.
Originally published June 28, 2017.