Atlanta Cerebral Palsy Lawyer

Some cases of cerebral palsy are nobody’s fault. Others trace back to a mistake in the delivery room that never should have happened and may be tied to a birth injury.

Telling the two apart is where everything matter. Cerebral palsy is a group of neurological disorders that will shape your child’s whole life. When it stems from a preventable error during pregnancy, birth, or those first fragile days, a doctor or hospital may be responsible for the care your child will need for decades. Hospitals know it, which is why so many are quick to blame “unknown factors.”

If you suspect a medical mistake harmed your child, an Atlanta cerebral palsy lawyer at Bey & Associates can help you find out what really happened and what your family is owed.

Cerebral Palsy Facts

Cerebral palsy is the most common motor disability in childhood. The CDC estimates that about 2.4 out of 1000 children have it.

The condition comes from brain damage during a child’s early development, and it affects nearly everything: walking, talking, eating, sitting up, moving, and playing.

What makes cerebral palsy so hard to pin down is that it has many causes, and some come down to professional negligence. A baby who isn’t monitored closely during labor and goes too long without oxygen can develop it. So can one left exposed to an untreated infection. Low birth weight and premature birth raise the risk too.

Common Causes of Cerebral Palsy

Children usually develop cerebral palsy during one of three stages—during their mother’s pregnancy, during the birth process, or during the newborn period. The development of cerebral palsy during each stage tends to be caused by key factors or conditions.

To determine the cause of your child’s cerebral palsy, you’ll need to examine each of the following lists and decide what factors or conditions might have been an influence. It’s important to remember that every case of cerebral palsy is different and may have been caused by multiple factors. Cerebral palsy is a complex condition, and doctors are still finding new things about it every day.

Here is just a fraction of some of the most common factors that lead to cerebral palsy during each stage:

During Pregnancy:

  • Specific types of infections during pregnancy include toxoplasmosis, rubella, cytomegalovirus (CMV), herpes simplex, or untreated group B strep.
  • Placental abnormalities, including placental insufficiency or premature aging of the placenta during the pregnancy, or premature or sudden separation of the placenta from the wall of the uterus (placental abruption), causing intrauterine growth retardation (IUGR) of the fetus.
  • Severe malnutrition of the mother.
  • Frequent use of certain types of prescription, nonprescription, illegal drugs or regular use of alcohol by the mother during pregnancy.
  • Exposure to certain types of toxic chemicals or other harmful environmental hazards.
  • Untreated conditions the mother has, such as high blood pressure, preeclampsia, eclampsia, toxemia, or diabetes.
  • Effects of certain types of genetic defects or syndromes.

During the Birth Process:

  • Untreated umbilical cord compression, prolapse, or occlusion.
  • Unrecognized or untreated signs of fetal distress from pressure on the umbilical cord.
  • Dystocia, where the baby is stuck in the birth canal for too long due to its size or position.
  • Damage to the placenta by the birth process—placenta previa or placental abruption.

During the Newborn Period:

  • Complications of severe prematurity include problems with the heart, blood pressure, circulation, breathing, meconium aspiration, nutrition, hydration, temperature, infection, jaundice, or bleeding.
  • Hereditary conditions which interfere with the baby’s digestive system.
  • Untreated seizures.

If multiple factors from the above list may have had an impact on your child’s development or birthing process, you should speak to your doctor immediately and find out if your child is at risk for cerebral palsy.

When your cerebral palsy lawyer is investigating your case, we’ll go over how you were treated during these stages and if any mistakes or instances of negligence were made.

Common Signs of Cerebral Palsy

When you bring a newborn child home, you should oversee your child for any of the following signs of cerebral palsy as he or she develops. Some signs may become apparent immediately after a child is born, but many can take days, weeks, months, or even years.

Note: Signs are different from symptoms. Symptoms are usually based on how an individual feels, but they aren’t as applicable for the diagnosis of cerebral palsy since it tends to show signs during the early stages of development. Signs are more identifiable by parents since they are apparent.

  • Weak or flaccid muscle tone.
  • Stiff or rigid limbs or joints.
  • Muscle spasms.
  • Impaired posture.
  • Inability to sit up or move from a sitting to a standing position.
  • Poor coordination.
  • Spastic or uncontrolled movements.
  • Gait disturbances such as limping or uneven footing.
  • Poor reflexes or reflexes that are unnatural in any way.
  • Poor balance.
  • Difficulty grasping or holding objects.
  • Difficulty speaking, swallowing, or eating/chewing.

If you notice any of the above signs—especially recurring—take your child to the doctor immediately. While there isn’t a cure for cerebral palsy, physical therapy, medication, frequent evaluation, and other treatment options are necessary to help you keep your child safe and help them learn to manage the symptoms and lead the best life possible.

Your child receiving a cerebral palsy diagnosis can be emotional and overwhelming. You will want to provide the best care possible for your child. A cerebral palsy lawyer can help you get the compensation you need.

An Atlanta Cerebral Palsy Lawyer Can Help Your Child

Proving that medical negligence caused your child's cerebral palsy takes work. You may need several specialists and more than one second opinion, because hospitals rarely volunteer that they made a mistake. Many reach for "unknown factors" instead, since a birth injury lawsuit costs them money and unwanted attention. They will go to some lengths to avoid one, even when the error is plain.

If you think you have a claim, do three things. First, get as many second opinions as you can. Second, document everything about your child's condition, the birth, and the mother's prenatal care. And third, call a lawyer soon, because in Georgia these deadlines are shorter than most parents expect.

That last point matters. Georgia does not give you until your child turns 18. For medical malpractice involving a young child, the deadline generally falls around your child's seventh birthday, with an absolute cutoff roughly ten years from the date of the injury. However, this is general information. It is best to check with an attorney to understand the statute of limitations for your specific case.
If you miss the window to file a claim, your opportunity vanishes, no matter how strong your case.

At Bey & Associates, our cerebral palsy lawyers know how these cases work and how to win the hard ones. We've fought for families like yours, and won. Contact our Atlanta office to talk about your child's future.

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