What are the Causes of Cerebral Palsy?

Cerebral palsy (CP) can result from brain damage or abnormal development. While medical errors during birth can sometimes lead to CP, it can also occur naturally without anyone being at fault.

The main causes of cerebral palsy include:

• Medical errors
• Premature birth
• Intracranial hemorrhage
• Periventricular leukomalacia
• Umbilical cord birth injury
• Oxygen deprivation
• Infections
• Infertility treatments

Determining what causes cerebral palsy without professional help is unlikely. An experienced cerebral palsy lawyer collaborates closely with medical experts to find out what happened. Your attorney will create a tailored legal approach that best fits the unique details of your case.

Medical Errors

Medical errors leading to cerebral palsy represent a critical concern in maternal and neonatal healthcare. These errors can arise at various stages, from prenatal care to labor and delivery, potentially resulting in profound consequences for newborns.

Medical errors that can lead to CP include:

• Misdiagnosis or failure to diagnose
• Delayed interventions
• Improper use of medical instruments
• Errors in administering medications
• Inadequate monitoring during labor
• Lack of timely response to complications
• Failure to recognize and address risk factors

Medical malpractice occurs when healthcare providers fail to meet the established standard of care during the prenatal, labor, and delivery stages, resulting in harm to the newborn or mother. However, not all birth injuries are caused by medical malpractice.

Proving Medical Negligence

Proving medical negligence caused cerebral palsy means showing that a healthcare provider’s actions or failures directly led to the condition. This can be difficult without legal support.

Your cerebral palsy attorney will focus on the 4 D’s of medical negligence:

• Duty of care: The healthcare provider had a duty of care toward the patient, specifically the pregnant mother and the unborn child.
• Deviation from duty of care: The doctor deviated from the expected standard of care.
• Direct causation: There is a clear cause-and-effect relationship between the breach of duty and the development of cerebral palsy. The provider’s actions or omissions directly caused the birth injury.
• Damages: Quantifying the damages resulting from CP. This involves a comprehensive assessment of the short-term and long-term impact on the child’s life and the financial burden on the family.

Your lawyer will review your medical records to understand the details of the care provided. They will work with medical experts to identify any mistakes or failures. These specialists will help determine if the healthcare provider’s actions fell below the accepted standard of care.

Filing a Medical Malpractice Case

Filing a medical malpractice case helps families seek accountability and compensation for the harm caused to their child. This process typically begins by consulting a birth injury lawyer experienced in medical malpractice.

Once your lawyers determine you have a valid claim, they will initiate legal proceedings by filing a formal complaint against the responsible healthcare provider or institution.

The legal team will gather evidence, present expert testimonies, and navigate the intricate legal procedures to build a compelling case. You have a limited time to take legal action; the sooner you get legal representation, the more time your attorney can work on your case.

Premature Birth

Premature birth is one of the most common risk factors for cerebral palsy. Any child born before the 37th week of pregnancy is at an increased risk of developing the condition. CP is especially prevalent in babies born before 32 weeks gestation.

Doctors caring for a pregnant mother have a responsibility to identify, manage, and prevent premature births. This duty begins with vigilant prenatal care, where healthcare professionals monitor and address potential risk factors.

Factors that increase the risk of premature birth include:

• Maternal health conditions
• Multiple pregnancies
• Uterine or cervical abnormalities
• Lifestyle factors (smoking, substance abuse)
• Inadequate prenatal care
• Previous preterm births
• Pregnancy complications
• High-risk pregnancies
• Socio-economic factors

Intracranial Hemorrhage

Newborn brain hemorrhage can cause cerebral palsy. Birth injuries are often caused by an intraventricular brain bleed that occurs before, during, or immediately after birth.

While not all cases of intracranial hemorrhage lead to cerebral palsy, the severity and location of the bleeding can significantly impact neurological outcomes. Intracranial hemorrhages are often preventable. If your child had a brain bleed and now has cerebral palsy, you may have a medical malpractice case.

Risk factors for intracranial hemorrhage before, during, or soon after birth may include:

• Issues with the placenta, often blood clots
• Problems with blood vessels in the brain
• Conditions that cause problems with blood clotting
• Maternal hypertension
• Maternal infection
• Traumatic brain injury, sometimes caused by improper use of forceps or vacuum extraction devices

The vulnerable nature of the developing brain makes it susceptible to injury, and hemorrhages can result in oxygen deprivation and subsequent damage to vital structures. When the bleeding affects areas responsible for motor control and coordination, it can lead to cerebral palsy.

Types of Intracranial Hemorrhage

Intracranial hemorrhage grades measure the severity of bleeding in the brain, helping doctors diagnose and treat the condition effectively. Doctors categorize intraventricular hemorrhages into four grades:

• Grade I is the mildest bleeding and may have no symptoms.
• Grade II is generally contained in the ventricles and is relatively minor, causing no long-term complications.
• Grade III is more substantial and can cause swelling in the area, leading to life-long complications in some cases.
• Grade IV may not remain contained in the ventricles, causing swelling and obstruction as well as serious, life-long complications.

Periventricular Leukomalacia

Periventricular leukomalacia (PVL) is a neurological condition that primarily affects premature infants. It involves the death or damage of white matter in the brain surrounding the ventricles, which are fluid-filled spaces.

PVL is often associated with insufficient oxygen and blood flow to the periventricular region. It commonly occurs in preterm infants due to their underdeveloped and vulnerable brains. Damage to the white matter can lead to various neurological issues, including motor and cognitive impairments.

The severity of periventricular leukomalacia can vary, and early detection through imaging studies such as cranial ultrasound or MRI is crucial for timely intervention and appropriate medical management. While PVL is more prevalent in premature infants, it can also occur in full-term infants in certain cases.

The Main Cause of Periventricular Leukomalacia

Periventricular leukomalacia is caused by a lack of oxygen and blood flow to the periventricular area of the brain. Damage to the brain’s white matter can also cause a softening in the area.

Cerebral palsy caused by periventricular leukomalacia can result from the softening or death of the brain’s white matter. When that happens, it can lead to fluid-filled cysts, insufficient oxygen supply to the brain in utero, or insufficient blood flow to the brain in utero.

Umbilical Cord Birth Injuries

Umbilical cord birth injuries can cause cerebral palsy. Trauma or damage sustained by the umbilical cord during childbirth can potentially lead to adverse outcomes for the newborn. The umbilical cord is a lifeline connecting the developing fetus to the placenta, supplying essential nutrients and oxygen for fetal development.

Umbilical cord injuries can be caused by:

• Compression
• Entanglement
• Prolapse
• Improper handling during delivery
• Failure to monitor fetal distress
• Delayed response to complications
• Incorrect use of medical instruments

Injuries to the umbilical cord may compromise the continuous flow of blood and oxygen to the baby, resulting in oxygen deprivation and potential harm to vital organs. The developing brain, particularly susceptible to oxygen fluctuations, may suffer damage, resulting in cerebral palsy.

Oxygen Deprivation

Oxygen deprivation during childbirth, also known as birth asphyxia, can lead to serious birth injuries. It occurs when the baby’s brain doesn’t receive an adequate supply of oxygen before, during, or after delivery.

The lack of oxygen during a critical period can lead to damage to the brain’s vital structures, particularly those responsible for motor control and coordination. Birth asphyxia can cause cerebral palsy. The severity of the condition depends on the duration and extent of the oxygen deprivation.

If the doctor thinks that a baby was deprived of oxygen for a dangerously long time, they can order the child to be placed in a hyperbaric oxygen chamber.

The chamber is filled with 100% oxygen and may slow trauma in the brain. If the chamber was available, but the doctor failed to use it, they may be charged with negligence.

Infections During Pregnancy

Several types of infections during pregnancy can cause cerebral palsy and pose other dangers for the mother and the baby. Infections may be transmitted from the mother to the fetus during pregnancy, potentially damaging crucial neurological structures.

Infections during the pregnancy that can cause cerebral palsy include:

• German measles
• Chorioamnionitis
• Zika virus (can cause microcephaly and lead to cerebral palsy)
• Chickenpox (can cause pregnancy complications)
• Group B strep
• Toxoplasmosis
• Cytomegalovirus
• Sexually transmitted diseases, such as herpes (which can cause inflammation and damage a baby’s nervous system) and syphilis
• Respiratory infections
• Extra-amniotic infections
• Urinary tract infections

The severity of the impact depends on various factors, including the type of infection, the timing of exposure, and the maternal immune response. Detecting and managing infections during pregnancy through regular screenings and timely interventions are essential in minimizing the risk of neurological complications.

How are Infections Diagnosed and Treated During Pregnancy?

If your doctor suspects you have an infection during your pregnancy, they should conduct a physical examination and order laboratory tests to confirm that diagnosis. They should also screen for infections during your pregnancy and as they notice symptoms of infection.

Tests to detect infections could include:

• Blood workups
• Urine tests
• Throat cultures
• Tests of stool samples
• Imaging scans such as X-rays, CT scans, and MRIs

During your pregnancy, your infection might be treated using antibiotics, antiviral medications, and antifungal medications. If the infection could pass to the baby during delivery, your doctor may opt to perform a C-section instead of a vaginal delivery.

What Can Happen if an Infection Goes Untreated During Pregnancy?

Untreated infections during pregnancy could cause cerebral palsy and other birth injuries in your baby. An untreated infection during your pregnancy could also lead to fetal infection, placental damage, severe maternal illness, and stillbirth. Some infections, such as bacterial vaginosis, can also lead to pelvic inflammatory disease, which can then lead to an infection in your uterus.

Infections during pregnancy are a serious matter. Without proper screening, diagnosis, and treatment for infection during your pregnancy, the mother and baby risk prenatal and postnatal complications.

If your doctor failed to diagnose or treat an infection during your pregnancy and your baby was born with CP, a lawyer can help you fight for the compensation you need.

Infertility Treatments

While several factors play a role, children born as a result of assisted reproductive technology (ART) may have an increased risk of cerebral palsy when compared to those conceived without this type of help. However, doctors can take steps to reduce some of the risk factors.

Some studies suggest that infants conceived through assisted reproductive technologies, such as in vitro fertilization (IVF), may have a slightly higher risk of cerebral palsy compared to those conceived naturally. However, the overall risk remains relatively low. 

Managing ART Risk Factors

Children conceived through infertility treatments have an increased risk of both preterm delivery and being a part of multiple gestation births. Both preterm delivery and multiple births are risk factors for cerebral palsy. This partially explains the increased incidence of the condition in children born after ART.

The Centers for Disease Control and Prevention (CDC) and other agencies recommend transferring a single embryo each time to avoid the likelihood of multiple pregnancies.

If you conceived your child through in-vitro or another type of related infertility treatment, and they were born with cerebral palsy, you may be eligible to hold your doctor liable in a medical malpractice lawsuit.

The Main Risk Factors Related to Cerebral Palsy

Each delivery is different, but there is a specific standard of care for pregnant women that every healthcare provider is expected to meet. If a doctor fails to diagnose these conditions correctly, their actions may be deemed negligent, and they can be sued for malpractice.

Because of the wide range of injuries and illnesses that could cause cerebral palsy, many risk factors increase the likelihood of this condition developing in newborns. Many cases of CP are preventable. A cerebral palsy lawyer can help you identify if your baby’s birth injury was the result of a mistake.

Maternal Health Risk Factors

When a pregnant woman has an infection and does not receive treatment, the baby may suffer health complications. In some cases, certain medical conditions before conception can put the baby’s health at risk, as well. Proper management of maternal health helps minimize the likelihood of complications during childbirth, reducing the risk of cerebral palsy.

Toxic Exposure Risk Factors

When a developing infant suffers exposure to certain toxins, it can disrupt brain development and cause complications, including cerebral palsy. The effects of these toxins can range from subtle developmental delays to more severe impairments.

Exposure to these dangerous toxins could increase the risk of CP:

• Alcohol
• Methylmercury
• Certain medications, such as anti-seizure drugs
• Illicit drugs like cocaine

Environmental Risk Factors

Environmental risk factors during pregnancy encompass a range of external elements that may influence the health of the developing fetus. Thorough assessments, proactive healthcare measures, and awareness of potential environmental hazards help mitigate these risks and promote a healthy pregnancy.

Environmental risk factors that can increase the risk of a child developing CP include:

• Lack of proper prenatal care
• Environmental pollution
• Trauma or injury to the developing brain during pregnancy
• Socio-economic factors influencing living conditions and healthcare access
• Presence of hazardous substances in the living environment
• Occupational exposures during pregnancy

Infant Health Risk Factors

Some medical conditions can increase the risk of cerebral palsy in an infant. Depending on the condition, it can occur in the womb, during birth, or in the first weeks of the baby’s life.

Through thorough examinations and appropriate screenings, doctors can identify potential complications early on, allowing for timely interventions and tailored care plans.

Common risk factors related to the infant’s health include:

• Infection of the membranes around the brain or spinal cord, known as meningitis (bacterial) or encephalitis (viral)
• Untreated, severe cases of jaundice, a condition caused by excess bilirubin in the baby’s system
• Perinatal stroke or other causes of bleeding in the brain

Recoverable Damages in a Cerebral Palsy Birth Injury Case

If you recover compensation through a claim or court award in your child’s birth injury case, your payout will cover a wide range of damages your attorney identified and documented during the process of building your case.

Compensation for a birth injury case may cover the following:

• Medical care, therapies, and related needs
• Ongoing care and support
• Prescription drugs
• Walkers, wheelchairs, and other mobility assistance
• Other assistive devices
• Out-of-pocket expenses
• Pain and suffering
• Other non-economic damages

Experienced cerebral palsy attorneys understand that a birth injury has long-term financial consequences. Your lawyer will collaborate with medical and financial experts to present a thorough assessment of both current and future damages.

When calculating the full extent of your losses, your lawyer also relies on financial records, medical documents, and any other type of evidence that can show the financial impact of your child’s birth injury.

How do I Determine Who was Responsible for My Child’s Cerebral Palsy?

If your child has been diagnosed with CP, the law allows you to take legal action against the responsible parties. However, it is not always easy to identify the at-fault party without legal support.

If your doctor or other healthcare provider should have been aware of the risks of cerebral palsy but failed to take actions to safeguard against it, they could be held liable for your child’s resulting damages.

Different parties could be responsible for your child’s cerebral palsy, including:

• Obstetricians
• Midwives
• Nurses
• Anesthesiologists
• Hospitals or medical facilities
• Pharmaceutical companies (if medication-related)
• Other healthcare professionals involved in the birth process

Expert witnesses can establish if the responsibility for cerebral palsy belongs to the doctor or a member of the healthcare team. Doctors who serve as witnesses can establish the standard of accepted medical care for mothers and babies before, during, and after delivery. Your lawyer can contact the appropriate expert witnesses to help strengthen your claim.

You have a Limited Time to File a Cerebral Palsy Lawsuit

You only have a limited time to take legal action, but how long you have depends on where you live or the state where your baby was born. Each state sets its own rules and has its deadlines.

The deadline for medical malpractice claims is usually between one and four years. However, when the victim is a minor, the time limit may be tolled until after they become legally an adult.

The clock generally begins ticking on the date of the incident or the day you discover the malpractice. Many states also have a statute of repose that puts an absolute deadline on how long you can wait to file, regardless of when your child receives a diagnosis.

Your attorney will explain the laws in your state and ensure you meet the statute of limitations for your cerebral palsy claim. The sooner you seek legal help, the more time your lawyer will have to strengthen your case.

An Experienced Lawyer Can Determine What Caused the Cerebral Palsy

At Birth Injury Lawyers Group, we have been serving families in need since 2003. Over the years, we have recovered more than $750 million for clients, and we continue to win cases. We will help you get the financial security you need for your new family.

Learning that your child has a birth injury is terrifying, but you don’t have to face this difficult period alone. Our team will investigate the incident to determine what caused the cerebral palsy and evaluate your options for compensation. Call us today to share your story.