Discovering that your child has cerebral palsy (CP) or hypoxic-ischemic encephalopathy (HIE) can be overwhelming and raise many questions not only about their immediate needs and their future but also about the cause of their condition.
It’s important to know that these conditions can sometimes result from medical errors during pregnancy, labor, or delivery. So, getting the facts about what happened and understanding your legal options if negligence occurred are crucial steps to ensuring that your child receives the care and support they need to thrive.
Experienced Maryland birth injury attorney Laura Brown is uniquely qualified to help families like yours navigate these challenging situations. With a practice exclusively focused on birth injury cases, Laura combines deep legal expertise with a compassionate approach to provide the support you need.
Regardless of what caused your child’s condition, you deserve answers, and we can help you find them. Get started by scheduling a free consultation with Brown Trial Firm today.
Is HIE the same as CP?
No, hypoxic-ischemic encephalopathy is not the same as cerebral palsy.
HIE is a type of brain injury caused by a lack of oxygen and blood flow to the brain around the time of birth, which can lead to various neurological issues.
CP, on the other hand, is the name for a group of disorders affecting movement and muscle tone, often resulting from brain damage before, during, or shortly after childbirth.
What are the first signs of hypoxia in newborns?
Learn about the first signs of decreased oxygen levels at birth and how it’s treated to prevent newborn injuries.
Is cerebral palsy caused by HIE?
Cerebral palsy can be caused by HIE, but not all cases of CP are due to HIE.
HIE is a specific type of brain injury caused by oxygen deprivation, most often occurring during childbirth. If this oxygen deprivation is severe enough and affects areas responsible for motor control and coordination, it can lead to brain damage that results in CP.
However, CP can also be caused by other factors, such as infections, head trauma, or genetic abnormalities. So, while HIE is a significant risk factor for CP, it’s not the sole cause.
It’s essential to seek help from a birth injury attorney to determine the underlying cause of CP in each individual case to understand the full picture and explore potential legal options if medical negligence occurred.
Does cerebral palsy get worse with age?
Cerebral palsy itself does not get worse with age, as the brain damage that causes it is not progressive.
However, the symptoms and challenges associated with cerebral palsy can change or evolve as a person grows older. Some individuals might experience increased muscle tightness or pain, while others might face new challenges related to mobility, communication, or other aspects of daily living.
Additionally, the cumulative effects of living with CP, such as the wear and tear on joints and muscles, can lead to what appears to be a worsening of the condition. However, this is more accurately described as secondary complications or the effects of aging with CP, rather than a progression of the underlying brain injury.
It’s important to note that with appropriate treatment and therapy, many individuals with cerebral palsy can lead fulfilling lives and manage their symptoms effectively throughout their lifespan.
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What is medical negligence for cerebral palsy?
When considering potential causes of a child’s cerebral palsy, medical negligence refers to the failure by health care providers to meet the accepted standard of care during pregnancy, labor, delivery, or the immediate postpartum period, resulting in a brain injury that causes cerebral palsy.
The standard of care is the quality of care that a reasonably competent health care professional with similar training and experience would provide under similar circumstances.
When OB-GYNs, delivery room nurses, or other medical professionals deviate from this standard and cause harm to a patient, it may be considered medical negligence.
What medical mistakes cause cerebral palsy?
Medical mistakes that can cause cerebral palsy can occur at any time during pregnancy, labor, delivery, or immediately after birth. Below are some common examples of medical mistakes and when they might occur.
- Failure to diagnose and treat maternal infections. Certain infections during pregnancy, like rubella or cytomegalovirus, can increase the risk of cerebral palsy in the baby.
- Failure to manage maternal health conditions. Untreated or poorly managed maternal health conditions like high blood pressure or diabetes can lead to complications during pregnancy and childbirth, increasing the risk of brain damage in the baby.
- Failure to detect fetal growth restrictions. If a fetus is not growing properly, it may be a sign of underlying problems that could lead to oxygen deprivation and brain damage.
- Failure to detect placenta or umbilical cord issues. Problems with the placenta (such as placental abruption or insufficiency) or umbilical cord issues (such as nuchal cord, cord knots, or cord prolapse) can disrupt the flow of oxygen and nutrients to the baby, potentially causing brain damage.
- Failure to monitor fetal heart rate. A drop in the fetal heart rate can indicate oxygen deprivation, and a failure to recognize and respond to signs of distress can result in brain damage.
- Delayed or improper delivery. If a baby is not delivered promptly by cesarean section (C-section) when certain complications arise during labor, it can lead to oxygen deprivation and brain injury.
- Misuse of delivery tools. If tools like forceps or vacuum extractors are used incorrectly during delivery, they can cause head trauma and brain damage.
- Failure to properly resuscitate the newborn. If a baby is not breathing properly after birth and does not receive prompt and appropriate resuscitation, it can result in brain damage.
- Delay in diagnosing and treating jaundice. Severe jaundice can lead to a buildup of bilirubin in the brain, causing a type of brain damage called kernicterus.
- Failure to diagnose and treat infections in the newborn. Infections at birth like meningitis can cause brain damage if not diagnosed and treated promptly.
It’s important to reiterate that not all cases of cerebral palsy are caused by medical mistakes. However, if you suspect that a medical error, like one of these, may have played a role in your child’s condition, it’s important to seek legal counsel from an experienced birth injury attorney. They can help you investigate the circumstances and determine if there is a valid medical malpractice claim.
Maryland cerebral palsy and HIE resources for children and families
Below are a couple of resources that help support Maryland children and families with cerebral palsy and HIE:
With multiple locations throughout Maryland, the Kennedy Krieger Institute offers comprehensive care for children with cerebral palsy and other developmental disabilities, including diagnostic services, therapy, and educational programs.
- Address: 707 N Broadway, Baltimore, MD 21205
- Phone: (443) 923-9200
The Parents’ Place of Maryland
The Parents’ Place of Maryland provides support, information, and advocacy for families of children with disabilities, including those with cerebral palsy and HIE.
- Address: 802 Cromwell Park Dr, Suite H, Glen Burnie, MD 21061
- Phone: (410) 768-9100
Get the help your family deserves from an experienced Maryland birth injury attorney
If you believe your child’s cerebral palsy or HIE was caused by a medical mistake, it’s crucial to explore your legal options.
Skilled Maryland birth injury attorney Laura Brown has dedicated her practice exclusively to birth injury cases, and she’s deeply committed to providing compassionate and knowledgeable legal support to help families like yours.
Once she determines that you have a legal case, Laura can help you navigate the complexities of your claim by gathering the necessary evidence, consulting with medical experts, and aggressively negotiating with insurers to get your family the compensation and justice they deserve.
Get started by scheduling your free consultation with Brown Trial Firm today.
