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Cerebral Palsy

Cerebral Palsy Lawyer Halifax, Nova Scotia

If your child has been diagnosed with cerebral palsy, you may be able to start a legal action in medical malpractice on their behalf.
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Cerebral Palsy: Birth Injury Lawyers Serving Nova Scotia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador

Childbirth is, for many Canadians, one of the most overwhelming and emotional experiences in life. Canadians seeking medical care during childbirth have a reasonable expectation that their healthcare providers will take all necessary and appropriate measures to ensure the wellbeing of their baby during labour and delivery. When doctors, obstetricians, and obstetrical nurses fail to ensure fetal wellbeing, and miss important signs of fetal distress during labour, the consequences can be life-threatening and irreversible. Wagners, a serious injury law firm, will represent you in your birth injury lawsuit.

What is Cerebral Palsy?

The term “cerebral palsy” refers to a group of neurological disorders that affect movement, muscle tone, and posture. Cerebral palsy can be caused by damage or abnormal development of the brain during pregnancy, delivery, or shortly after childbirth.

Cerebral palsy is one of the most common motor disabilities in young children, and can present in many different ways based upon the type and severity of the damage done to the developing brain. Some very common early indicators of cerebral palsy in infants and young children include the following:

  • Developmental delays: infants with cerebral palsy commonly display slow progress in achieving developmental milestones, such as rolling over, sitting up, crawling, walking, or delayed growth, and may go on to experience intellectual or learning disabilities.
  • Abnormal muscle tone: crossed or stiffened legs when picked up, stiffness or spasticity of muscles, and overextension in the back and neck are examples of abnormal muscle tone caused by cerebral palsy in infants.
  • Abnormal posture: infants and children with cerebral palsy may favor one side of their body over the other when reaching, crawling, or moving.
  • Involuntary movements: exaggerated or unintentional reflexes, jerky movements, and tremors are examples of involuntary movements that are common in infants and children with cerebral palsy.
  • Difficulty with feeding and swallowing: infants and children with cerebral palsy commonly experience difficulties with sucking, drooling, chewing, and swallowing.
  • Delays in motor skill development: difficulty grasping toys or objects, bringing food to the mouth, or difficulty bringing their hands together in a clapping motion are common signs of delayed motor skills in infants and children with cerebral palsy.
  • Neurological symptoms: examples of neurological symptoms that can be associated with cerebral palsy include seizures, difficulty with hearing or vision, bladder and bowel incontinence, and mental or behavioral conditions.

The symptoms listed above are examples of symptoms and are not a determinative or diagnostic list. It is important to consult with a doctor if you believe your child is exhibiting signs of cerebral palsy.

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What Causes Cerebral Palsy in Newborns?

Cerebral palsy is caused by abnormal brain development or damage to the developing brain which typically occurs during pregnancy, labour and delivery, or shortly following childbirth. Children can be born with cerebral palsy (known as “congenital” cerebral palsy), or develop the condition after birth (known as “acquired” cerebral palsy).

Medical negligence can cause cerebral palsy in newborns when medical professionals fail to provide adequate care during pregnancy, labor, or delivery. Examples of medical negligence that can lead to cerebral palsy include:

  1. Failure to monitor for signs of fetal distress: failure to detect and respond to signs of fetal distress indicative of oxygen deprivation causing brain damage during labour and delivery. Oxygen deprivation and fetal asphyxia during labour and delivery is known as a hypoxic-ischemic insult and is commonly associated with hypoxic-ischemic encephalopathy. Hypoxic-ischemic insults are a significant cause of cerebral palsy in infants.
  2. Delayed cesarean section: delaying a necessary c-section leading to a prolonged second stage of labour and increased risk of fetal asphyxiation and brain injury.
  3. Misuse of forceps or vacuum extractors: improper use of forceps or a vacuum during labour and delivery can cause brain damage or stroke and lead to the development of cerebral palsy.
  4. Failure to diagnose and treat maternal infections: infections during pregnancy or delivery, such as rubella, Zika virus, meningitis, herpes, or chorioamnionitis can cause brain injury and cerebral palsy if not promptly diagnosed and treated.
  5. Medication errors: administration of incorrect medications or dosages can cause fetal distress and brain injury, resulting in cerebral palsy.

There are many possible causes of cerebral palsy, some of which are entirely unpredictable and unavoidable. When cerebral palsy manifests in a child as a result of medical negligence, parents can bring a legal action on their child’s behalf for financial compensation. The experienced birth injury team at Wagners can review your case and help you navigate the legal complexities associated with a birth injury lawsuit.

Resources and Care for Children With Cerebral Palsy

Children who are born with cerebral palsy, or are diagnosed with cerebral palsy shortly after birth, often require extensive care and adaptive mobility aids for the rest of their life. In some cases, individuals with cerebral palsy may require leg braces or canes to provide stability while walking. In more serious cases, individuals may require wheelchairs, overhead ceiling lifts, alternative communication devices, or homecare services, depending on their specific needs.

Oftentimes, the care and support required for individuals with cerebral palsy can be costly and difficult to access. In many cases, a parent or family member becomes the primary caregiver to a child with cerebral palsy in the absence of supportive homecare services.

When cerebral palsy is caused by medical negligence during labour and delivery, families can bring a legal action on the child’s behalf to seek financial compensation for their injuries, as well as compensation for the care they will require for the rest of their lives.

The medical malpractice and birth injury lawyers at Wagners have a proven track record in navigating cases of obstetrical negligence causing cerebral palsy. We will provide you with a no-obligation consultation to help you determine whether a birth injury lawsuit is the right path for you and your family.

Schedule a free consultation for your case

We have nearly 80 years of experience in helping injured victims in obtaining justice for their injury claims.

If you suspect your child’s CP has been caused by a preventable brain injury, you may be entitled to significant compensation. Medical malpractice cases, particularly with respect to birth trauma, are complex and require legal and medical expertise. Wagners has been successful in many birth trauma cases, and has obtained for its clients the significant, much needed and lifelong financial support for families with children of CP.

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