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Kansas Cerebral Palsy Lawyer

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Cerebral palsy (CP) is a term that refers to a grouping of various neurological conditions that affects movement, muscle coordination, and posture. The neurological conditions stem from damage to the area of the brain that control motor function and muscle control. Cerebral palsy appears in infancy or early childhood.

There are many degrees of severity with cerebral palsy; it can affect people to a mild extent, or it can be a very serious disability. In its most severe states, CP can cause patients to lose all control of their limbs, rendering them essentially immobile. Cerebral palsy can also take away the ability to speak or eat without help. In its less severe forms, it can affect one hand, making it difficult to write and perform other fine motor skills. Many people with the milder form of CP live relatively normal lives. However, those who have the more serious forms of cerebral palsy will require regular care for their entire lives.

Signs of cerebral palsy may include:

difficulty trying to perform voluntary motor functions, such as moving a hand or arm or reaching for a toy
tight muscles
walking with splayed legs
walking on toes
hearing impairments
speech impairments
visual impairments
seizures
learning disabilities

What can cause cerebral palsy?

The majority of people who have cerebral palsy are born with the condition. For these cases of CP, which account for approximately 70 percent of cerebral palsy cases, the causes are usually unknown. Factors that may attribute to the development of cerebral palsy while a fetus is still in the uterus include, but are not limited to:

a mother's contraction of the measles while pregnant
a mother's development of a fever while pregnant
incompatible blood/RH factors between the mother and fetus
medication or drugs given the mother while pregnant
the mother's development of a bacterial infection while pregnant.

Approximately 10 percent of cerebral palsy cases are the result of some sort of brain injury that occurs after birth. Causes of CP in infants may include a brain infection such as meningitis, or brain trauma from a car accident, fall, or child abuse.

The remaining cases of cerebral palsy occur during the birthing process. Asphyxia (a lack of oxygen to the brain) or brain injury that results in bleeding. Asphyxia may occur from a premature separation of the placenta, strangulation by the umbilical cord, or other complications. Bleeding of the brain may come from pressure related to a vaginal delivery or some sort of trauma during the birth process.
When might it be necessary to contact a lawyer regarding cerebral palsy?

Doctors and hospital staff typically do everything in their power to avoid complications during labor. However, there are instances in which mistakes are made or errors occur.

Occasionally, cerebral palsy is the result of brain injury to an infant during the birthing process. Some situations in which this could occur include a medical professional's failure to determine that a baby needed additional oxygen, such as via a caesarean section or delaying a caesarean section. In addition, if a mother was treated with a harmful medication, or not advised to stop taking a harmful medication, brain injury could occur. Prolonged bleeding in an infant's brain, typically from head trauma, can also attribute to cerebral palsy. In addition, there are occasions when a physician does not properly diagnose cerebral palsy, which can result in a delay of medical treatment.

If you believe that your child's cerebral palsy is the result of medical negligence or malpractice, it is important to contact an attorney who is knowledgeable about Kansas medical malpractice law. There are statutes of limitations regarding the time frame in which you can make a claim, so it is important to act relatively quickly.

Making a claim that a birthing injury is related to medical malpractice can be very challenging. To prove medical malpractice, an attorney must prove that there was a breach in the standard of care, causation, injury, and damages. A lawyer who is well-versed in Kansas medical malpractice law will guide you through the process and determine whether or not you can make a claim.

When your visions of a healthy child have been shattered by the reality of cerebral palsy, it is important to seek the assistance you need. A Kansas attorney whose focus is medical malpractice can be of great assistance.