The miracle of childbirth can quickly turn into a nightmare when a newborn suffers oxygen deprivation, or hypoxia. This silent threat can have life-altering consequences, potentially leading to conditions like cerebral palsy (CP) and hypoxic-ischemic encephalopathy (HIE).
To the families navigating this challenging journey, please know that you’re not alone. At Brown Trial Firm, experienced Kentucky birth injury attorney Laura Brown is here to provide the compassionate support and expert legal guidance you need during this difficult time.
Laura’s entire practice is dedicated to representing families impacted by birth injuries like cerebral palsy and HIE, so you can rest assured that she can effectively advocate for the justice and compensation your child deserves.
If you suspect that medical negligence may have caused your child’s cerebral palsy or HIE, reach out to Laura Brown today to get the answers you need by scheduling a free consultation.
What is HIE?
Hypoxic-ischemic encephalopathy, or HIE, is a type of brain injury that can happen if a baby’s brain doesn’t receive enough oxygen and blood right before or during birth, often due to complications in the delivery process.
This lack of oxygen can lead to serious health issues and physical disabilities, including developmental delays and neurological disorders like epilepsy and cerebral palsy (CP). Immediate medical intervention is crucial to minimize these long-term effects and help manage the condition.
What is cerebral palsy?
Cerebral palsy is a neurological disorder that affects muscle tone, movement, and motor skills. It’s caused by brain damage or abnormal brain development that can occur before, during, or shortly after birth. CP can result in difficulties with balance, coordination, and fine motor tasks, and it often presents with varying degrees of physical disability.
Are cerebral palsy and HIE related?
They can be. The brain damage that results from HIE can lead to the development of cerebral palsy, depending on the areas of the brain affected and the severity of the damage.
Can the brain recover from a hypoxic brain injury?
Learn about the long-term prognosis and treatment options for brain injuries due to a lack of oxygen at birth.
Can cerebral palsy be caused by a birth injury?
Yes, cerebral palsy can be caused by birth injuries, which are typically due to complications during labor and delivery that result in brain damage. While not all cases of cerebral palsy are linked to birth injuries, many arise from traumatic or stressful births where medical mistakes occur or conditions are not adequately managed.
Here are some common medical mistakes that can lead to cerebral palsy:
- Inadequate monitoring of the fetus. Failure to adequately monitor fetal heart rate before and during labor can result in signs of distress and oxygen deprivation being missed and ultimately lead to cerebral palsy.
- Delay in performing a cesarean section. Not performing a timely cesarean section (C-section) when the baby shows signs of distress can lead to a prolonged lack of oxygen and subsequent brain damage.
- Mismanagement of umbilical cord complications. Complications involving the umbilical cord, such as true knots, nuchal cords (cord wrapped around the baby’s neck), or a cord prolapse (where part of the cord comes out before the baby is delivered), require immediate action to prevent restricted blood flow and oxygen deprivation.
- Mismanagement of maternal health issues. Failing to properly manage pre-existing maternal health conditions, such as high blood pressure, diabetes, or preeclampsia, can compromise the baby’s oxygen and lead to cerebral palsy.
- Improper use of delivery tools. Incorrect use of forceps or vacuum extractors can cause physical trauma to the baby’s head, leading to brain damage.
- Failure to treat infections in the mother. Untreated maternal infections can spread to the fetus, causing inflammation and potential brain damage.
- Placental complications. Issues with the placenta, such as placental abruption (where the placenta detaches from the uterine wall prematurely) or placental insufficiency (where the placenta fails to deliver adequate oxygen and nutrients), can significantly impact the baby’s oxygen supply. Inadequate management of these conditions can lead to brain damage and cerebral palsy.
- Failure to detect or treat jaundice. Not addressing severe jaundice in newborns can lead to kernicterus, a form of brain damage that can cause cerebral palsy.
These are just a few examples of how medical errors during the birthing process can increase the risk of a newborn developing cerebral palsy.
If you suspect that a medical mistake may have contributed to your child’s HIE or cerebral palsy, it’s important to discuss your situation with an experienced birth injury attorney who can help determine if medical malpractice occurred.
Birth injury facts every parent should know
Learn about common types of birth injuries, as well as their symptoms, risk factors, and treatment, and when you may be able to file a lawsuit for medical negligence.
How can a cerebral palsy attorney help with my claim?
If your family is grappling with a cerebral palsy or HIE diagnosis that you suspect may be due to medical negligence during childbirth, consulting with a Kentucky cerebral palsy attorney can be an invaluable first step toward securing the funds you need to support your child’s future.
Here are just some of the ways a cerebral palsy attorney can help:
- Evaluating your case. An attorney will review the medical records and the details of the childbirth to assess whether medical negligence occurred. This involves understanding what standard of care was expected and whether there was a deviation that could have led to your child’s condition.
- Gathering expert opinions. Cerebral palsy claims typically require testimony from medical experts. An attorney will work with reputable specialists who can provide insights into how the negligence contributed to the outcome and what could have been done to prevent it.
- Filing your claim. Navigating the legal system can be daunting. An attorney can handle all aspects of filing your claim, ensuring that it is done timely and correctly, adhering to Kentucky’s statute of limitations and other legal requirements.
- Securing compensation. An attorney will advocate for your family to receive the necessary compensation to cover medical expenses, ongoing care costs, therapy, special equipment, and other damages like pain and suffering. This financial support is crucial for ensuring your child has access to the medical care they need to manage their symptoms and live their life to the fullest.
- Offering support and guidance. Beyond just legal advice, your attorney can provide emotional support and guidance. They understand the challenges you face and can help connect you with community resources, support groups, and other services.
- Fighting for justice. Ultimately, your attorney’s role is to fight for justice for your child and family. They stand up against health care providers and insurance companies to hold the responsible parties accountable.
By partnering with a knowledgeable Kentucky cerebral palsy attorney, you can focus on caring for your child while they handle the complexities of the legal process. This partnership can help alleviate some of the burdens you face and work toward securing a better future for your child.
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Discover how occupational therapy can improve daily living skills & independence for children with birth injuries. Learn about treatment plans & adaptive equipment.
How long after birth can you sue for cerebral palsy in Kentucky?
Under Kentucky statute 413.140, legal action in a birth injury lawsuit must generally be taken within 1 year of the injury’s discovery. However, the lawsuit must be filed no more than 5 years after the incident occurred, regardless of when the injury was discovered.
If you have any questions about the specific time limits in your child’s case, you should contact a Kentucky birth injury attorney as soon as possible to ensure you don’t miss your chance to file a lawsuit and get the compensation your family deserves.
Cerebral palsy resources for Kentucky families
For families in Kentucky dealing with cerebral palsy, several local resources offer support, therapy, and advocacy services. Here are a couple of notable organizations:
Offers comprehensive services, including therapeutic interventions and support services for children with disabilities, including cerebral palsy. Programs are designed to improve function and promote independence.
- Address: 801 N 29th St, Paducah, KY 42001
- Phone: (270) 444-9687
Kids Center for Pediatric Therapies
Specializes in providing physical, occupational, and speech therapies for children with cerebral palsy and other developmental disorders. They focus on enhancing the capabilities and skills of each child.
- Address: 982 Eastern Parkway, Louisville, KY 40217
- Phone: (502) 635-6397
Get help from an experienced Kentucky cerebral palsy attorney
At Brown Trial Firm, we understand the profound challenges that children with birth injuries face and are here to provide families with the support and answers they deserve. Reaching out to our experienced team can be the first step toward understanding your legal options and securing the compensation you need to ensure the best possible future for your child.
Contact our office today to begin this vital process by scheduling a free consultation.
References
Kentucky Revised Statutes – Chapter 413. (n.d.). Apps.legislature.ky.gov. Retrieved April 22, 2024, from https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39261
