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Cerebral palsy is a group of neurological disorders that affect movement, balance, posture, and muscle control. It results from abnormal brain development or damage to the developing brain. Many Chandler families are left with questions about whether events during pregnancy, labor, delivery, or newborn care caused or contributed to their child’s condition.
When brain injury occurs because providers miss warning signs or respond too slowly during labor, delivery, or newborn care, the results can be lifelong. A legal review can establish when the neurological injury occurred, what healthcare providers knew at the time, and how appropriate care would have prevented or reduced the harm.
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Cerebral palsy, commonly called CP, affects movement and posture because of abnormal development or injury involving the developing brain.
The Centers for Disease Control and Prevention identifies cerebral palsy as the most common motor disability in childhood. CDC surveillance has estimated that about 1 in 345 U.S. children has been identified with cerebral palsy.
The effects of cerebral palsy vary substantially from one child to another.
Some children experience relatively limited motor impairment. Others require substantial assistance with mobility, communication, feeding, and daily activities.
Different forms of cerebral palsy can also affect movement differently. Spastic CP is associated with increased muscle tone and stiffness. Other forms may involve involuntary movement or problems with balance and coordination. A child may have characteristics of more than one type.
A potential medical malpractice claim generally requires evidence that a healthcare provider failed to meet the accepted standard of care and that this failure caused or contributed to neurological injury.
Depending on the circumstances, questions may involve whether providers appropriately:
The medical records show what occurred, what information was available to providers, and how a timely, appropriate response would have changed the outcome.
Cerebral palsy may not be diagnosed immediately after birth.
Parents and healthcare providers may first notice concerns when a child does not reach expected developmental milestones.
Possible early signs can include:
The CDC notes that developmental monitoring, screening, and evaluation can help identify children with cerebral palsy and other developmental conditions.
Physicians may evaluate muscle tone, reflexes, posture, movement, and developmental progress. Brain imaging or other testing may also be used depending on the child’s symptoms and medical history.
A diagnosis made months after birth does not necessarily establish when the underlying brain injury occurred.
That is why pregnancy, labor, delivery, and newborn records can remain important long after the initial hospitalization.
Cerebral palsy can result from brain injury connected to pregnancy, delivery, or newborn care. Causes linked to medical care around birth can include:
A careful medical investigation pinpoints when the brain injury occurred. Fetal monitoring, delivery records, cord blood results, and newborn brain imaging can show that the injury developed during labor, delivery, or the newborn period, when the healthcare team had the opportunity to prevent it.
Cerebral palsy is a lifelong neurological condition, although therapy and treatment may improve function and independence.
Future needs depend on the child’s level of impairment and any associated conditions.
Care may include:
Some children walk independently and need relatively limited support.
Others may require substantial assistance throughout their lives.
Needs can also change as a child grows. Mobility equipment may need replacement. New orthopedic concerns can develop. Educational requirements may change. Additional assistance may become necessary as the child becomes larger and caregiving becomes physically more demanding.
When medical negligence contributed to permanent neurological injury, evaluating the consequences may therefore require consideration of future medical care and support rather than only expenses already incurred.
For families facing severe disability, the central questions often include both accountability and how the child’s lifelong needs can be addressed.
A cerebral palsy case supports a medical malpractice claim when the evidence shows that a healthcare provider’s conduct fell below the accepted standard of care and that this conduct caused or contributed to the child’s brain injury.
Potential issues may include whether providers:
Causation ties the care to the injury. A fetal heart-rate abnormality during labor, combined with brain imaging, newborn findings, cord blood results, and developmental history, can show that the neurological injury occurred during the window when providers should have intervened.
Arizona places time limits on medical malpractice actions.
Under A.R.S. § 12-542, actions for injuries to another person, including causes of action for medical malpractice, generally must be commenced within two years after the cause of action accrues.
Claims involving children can require additional legal analysis, and claims belonging to a parent may differ from claims belonging to the injured child.
Families should therefore obtain guidance based on their individual circumstances rather than assume every claim arising from the same pregnancy or delivery follows one filing deadline.
Earlier investigation can also help preserve fetal monitoring records, newborn documentation, imaging, and other evidence needed to reconstruct when the neurological injury occurred.
If your child has cerebral palsy and you have questions about pregnancy, labor, delivery, or newborn care provided in Chandler, Snyder & Wenner can review the medical evidence and explain whether further investigation may be appropriate.
Cerebral palsy is a group of neurological disorders that affect movement, posture, balance, and muscle control because of abnormal development or damage involving the developing brain.
CDC surveillance has estimated that about 1 in 345 U.S. children has been identified with cerebral palsy. The CDC also identifies CP as the most common motor disability in childhood.
Events that can lead to cerebral palsy include oxygen deprivation during labor, untreated maternal or newborn infection, bleeding in the brain, and delayed delivery when the baby is in distress. When providers fail to recognize or respond to these events, the resulting brain injury may support a medical malpractice claim.
Cerebral palsy is the result of medical negligence when providers fail to meet the applicable standard of care and that failure causes or contributes to the child’s brain injury. Examples can include failing to treat an infection during labor, failing to act on signs of placental abruption, or failing to treat severe newborn jaundice before it damages the brain.
Yes. Serious disruption of oxygen and blood flow during labor, delivery, or newborn care can injure the developing brain and lead to cerebral palsy. Fetal monitoring, cord blood gases, and brain imaging can show when the oxygen deprivation occurred and how it caused the injury.
Possible signs include delayed movement milestones, difficulty controlling the head, unusual muscle stiffness or low tone, uneven movement, abnormal reflexes, difficulty sitting or walking, and problems with balance or coordination.
Fetal heart-rate tracings may help establish how a baby tolerated labor and whether significant changes developed. If an oxygen-related injury is suspected, the records may also help determine when compromise occurred and how healthcare providers responded.
Relevant records may include prenatal documentation, fetal monitoring tracings, physician and nursing records, medications, delivery documentation, cord blood testing, newborn resuscitation records, neonatal intensive care records, brain imaging, neurological evaluations, and developmental assessments.
Depending on the child’s condition, care may include physical, occupational, or speech therapy; neurological or orthopedic treatment; medication; mobility equipment; communication devices; educational services; home modifications; or personal assistance.
Our attorneys review the pregnancy, labor, delivery, newborn, neurological, and developmental records to determine when and how the brain injury may have occurred. We evaluate whether the available evidence supports concerns about the standard of care, causation, and the child’s long-term needs before determining whether further legal action may be appropriate.
