Cerebral Palsy is a condition that affects movement, co-ordination, balance and posture.
It can affect a person’s gross motor and fine motor ability and make day-to-day activities difficult such as crawling, standing, walking, running, grasping, dressing, eating and writing. It may also affect vision, communication, learning and behaviour.
Often Cerebral Palsy is no-one’s fault, however, in many cases, it can be caused by negligent medical care.
What are the leading causes of Cerebral Palsy Medical Negligence?
Cerebral Palsy is usually caused by something that affects the development of the baby’s brain while developing in the womb. Examples include:
Damage to part of the brain called white matter, possibly as a result of a reduced blood or oxygen supply (periventricular leukomalacia)
An infection caught by the mother (examples of infections are cytomegalovirus, rubella, chickenpox or toxoplasmosis)
Bleeding in the baby’s brain or the blood supply to their brain may have been cut off
Injury to the unborn baby’s head
During birth, health professionals go to great lengths to monitor any indications the baby is showing signs of impaired blood supply, infection or injury. In some circumstances, these issues may not be noticed, or may be due to an error on behalf of one of the medical team overseeing the delivery. If a doctor, midwife, nurse, or any other health professional involved in your care makes a mistake which results in Cerebral Palsy, this may be classified as medical negligence.
Types of Cerebral Palsy Medical Negligence:
The following is a breakdown of the common ways in which a doctor might be responsible for Cerebral Palsy Medical Negligence:
Undiagnosed Intrauterine Growth Restriction
Intrauterine growth restriction is when a baby’s growth slows down or stops during pregnancy. This might happen because of problems with the placenta.
If treating doctors fail to competently manage intrauterine growth restriction in pregnancy and this leads to a child developing cerebral palsy, this could be considered negligent.
Failure to Treat and Manage Maternal Infection
Mothers can suffer from different infections during pregnancy such as group B streptococcus infection which can lead to meningitis and permanent brain damage.
If treating doctors fail to provide appropriate medical treatment for maternal infections and this leads to a child developing cerebral palsy this may be considered negligent.
Negligent Monitoring of the Baby during Labour
Midwives and obstetricians should carefully monitor the baby’s condition during labour and act on any signs of distress. There are numerous situations that may lead to the baby’s brain being injured during labour and failure to spot and treat any issues may be considered negligent.
Negligent failure to advise or perform a Caesarean Section
There may be signs that a vaginal delivery is inappropriate and that the mother should instead undergo a planned or emergency caesarean section. Failure to elect for caesarean section which results in injury to the baby’s brain may be considered negligent.
Negligent Neonatal Care
There are numerous situations that may lead to a newborn baby developing cerebral palsy. Some examples are failure to diagnose and treat neonatal infection, such as group B streptococcus infection which can lead to meningitis and brain injury. Failing to diagnose and / or appropriately treat hypoglycaemia may also be a cause for concern.
Negligently Managed Umbilical Cord Prolapse
An umbilical cord prolapse is when the umbilical cord descends through the opening of the womb before the baby. In turn, the cord becomes trapped when the baby is being delivered, depriving the baby of oxygen. The result may be that the baby develops cerebral palsy or death. It is important for healthcare providers to monitor the baby and the mother for this occurrence.
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